Database Search Result Details
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First Name
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Kenneth
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Last Name
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Rexrode
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Decision Date
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11/16/2022
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Docket Number
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2022-0664-DHS
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ALJ
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JSF
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Respondent
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Department of Homeland Security
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Employment Type
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STATE
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Job Title
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Building Maintenance
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Topics
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Leave Reimbursement
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that employees receiving TTD benefits are exempt from annual leave carry-forward limits.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-3-3.1.a (2012); W. Va. Code § 6C-2-3(a)(1); W. Va. Code St. R. § 156-1-3 (2018)
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Related Cases
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Williamson v. W. Va. Dep’t of Tax and Revenue, Docket No. 98-T&R-275D (Sept. 30, 1998); Harvey v. W. Va. Bureau of Employment Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (Mar. 4, 2011); Bailey v. McDowell Cnty. Bd. of Educ., Docket No. 07-33-399 (Nov. 24, 2008); Princeton
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Keywords
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Timelines; Workers’ Compensation Temporary Total Disability; Policy; Leave; Arbitrary and Capricious
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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 went on Workers’ Compensation Temporary Total Disability (TTD) in 2020, after being injured on the job with Respondent. Grievant remained on TTD through 2022, resulting in loss of annual leave exceeding carry-forward limits. Grievant asserts carry-forward limits do not apply to employees receiving TTD benefits. Respondent counters that no such exception exists under policy and that the grievance was untimely. Grievant seeks reinstatement of 188 hours of annual leave, 20 hours for 2020 and 168 hours for 2021. The record is silent as to when Respondent made its carry-forward decision accessible to Grievant. Thus, Respondent did not prove the grievance was untimely. Regardless, Grievant failed to prove Respondent’s interpretation of policy was unreasonable. Accordingly, this grievance is DENIED.
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