Database Search Result Details
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First Name
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Lisa
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Last Name
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Willis
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Decision Date
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7/6/2022
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Docket Number
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2021-2085-DVA
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ALJ
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JSF
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Respondent
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Department of Veterans Assistance
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Employment Type
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STATE
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Job Title
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Registered Nurse
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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 55-19-2(b)(1); W. Va. Code § 55-19-3
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Related Cases
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Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022)
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Keywords
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Motion to Dismiss; Jurisdiction; COVID-19 Jobs Protection Act
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed as a registered nurse by Respondent, Department of Veterans Affairs, at the West Virginia Veterans Nursing Facility. Respondent uses a combination of its own employees and those of outside staffing agencies to staff the facility. During the COVID-19 pandemic, Respondent avoided COVID-19 staffing shortages by providing COVID-19 hazard pay to outside staffing agencies but not to its own employees. Grievant claims that equity entitles her to COVID-19 hazard pay. The COVID-19 Jobs Protection Act protects certain employers, including State entitles, from litigation related to COVID-19. As this matter relates to COVID-19, it must be DISMISSED for lack of jurisdiction.
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