Complainant alleges that he was subjected to different terms and conditions because of his race when Respondent refused to reinstate him as Battalion Chief and allow him to drive. Respondent asserts that Complainant is still undergoing medical treatment for a partially detached retina and had not reached his maximum medical improvement with his left eye. Respondent also asserts that Complainant can perform firefighter/EMT “emergency medical technician” activities with the exception of emergency response driving, which is an essential function of the position of a Battalion Chief/EMT in the Bureau of Operations.
The investigation uncovered that Complainant, as of June 2015, was still undergoing treatment for his partially detached retina. The investigation revealed that Complainant was cleared to perform all task as a
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However, the evidence shows that Complainant was told that he was unable return to the Bureau of Operations because he had not reached the maximum medical improvement for the injury to his retina in his left eye. By Complainant’s own admission as of June 2015, he was still undergoing treatment for a partially detached retina and had not reached his maximum medical improvement for his left eye. Further, Complainant acknowledges that he was told by Respondent’s Medical Director the reason he could not return to the Bureau of Operations was the concern about him performing emergency response driving which is an essential job function.
Although Complainant’s physician gave him medical clearance to return to work without any restrictions, Respondent’s Medical Director told Complainant that he could perform all tasks except the emergency response driving. Further, the evidence shows that Complainant accepted the Battalion Chief/EMT position in the Fire Prevention Bureau knowing that he was not required to respond to emergencies unless ordered to do
-Summary Timothy Mitchell, father of 5 and a residence of Sault Ste Marie who is trying suing the Sault Ste. Marie Police Services Board. His claim is that during an arrest one of the officers, Keating who was detaining him had used unnecessary force. Mitchell had been struck by Keating near his left upper abdomen. During his hims time at the police station Mitchell claimed that Keating said “abuse, provocative and demeaning comments” and that Keating also pushed him from behind while sitting on a bench in a cell and as he left Keating he gave a “rude and abusive gesture to Mitchell”.
The City of Houston then filed a timely appeal stating that they did not receive timely notice of the alleged violation and that the liability of Bozeman should rest with Bozeman and not be imputed to the City as having been notified of the complaint allegations. 5. Main issue: Does notifying an immediate supervisor who is not considered “upper management” satisfy the requirement of notification to the agency that in turn creates a situation of vicarious liability to the agency if they do not act on the alleged complaint? 6. Court Deciding:
P alleges false arrest. P alleges he was visiting his grandmother in a NYCHA building when MOS approached him and arrested him for trespassing. P alleges that a trespass notice was issued to him by NYCHA which prohibited him entering NYCHA property which is not his residence. P alleges that he was removed from the excluded people list and he showed the MOS paperwork showing that he was removed from the list. P alleges at the precinct he suffered an asthma an attack and was taken to the hospital.
Williamson v. City of Houston, 148 F. 3d 462, Court of Appeals, 5th Circuit (1998) Facts: Linda Williamson worked as a police officer in a specialized division in the Houston Police Department. Williamson alleged a coworker, Doug McLeod, engaged in harassing behavior that created a hostile work environment for eighteen months. McLeod continued the harassing behavior after she told him it was offensive and to stop. Williamson reported McLeod’s harassment to their supervisor, Sergeant Bozeman.
The court also ordered the city to pay her attorney’s fees. The city appealed the ruling based on the grounds that they were not notified of the harassing behavior until after Williamson filed an internal complaint. Specifically, the city contended it could not be held liable for any knowledge the officer’s supervisor had regarding the sexual harassing conduct. The appellant court upheld the lower court’s
As the court found SMI is not responsible for Nurse Fink’s action. Though plaintiff stated a claim for battery but she did agree to the procedure through informed of consent. The court ruled in favor of SMI although plaintiff was being lied to about the drug she was administered with. The court decided to “vacate the court of appeals’ memorandum decision, reverse the judgment of the trial court, and remand the case to the trial court for further
Boumehdi, 489 F.3d at 793. Eliza requested to be placed on light duty work on May 22, 2014. On May 24, 2014 her superiors informed her that there was no light duty work available. (C. 17) For two months, her superiors claimed that there was no light duty work available. However, Eliza filed a complaint with the EEO’s Office on July 11, 2014, and she was transferred on July 22, 2014.
Cruzan v. Missouri Department of Health What is the value of a life? Do family members always have the patients’ best interest in mind when making medical decisions? Who should ultimately make the decision of life or death for patients that will never leave a permanent vegetative state? Lester and Joyce Cruzan faced an issue no parent ever wants to face after their daughter, Nancy was in a horrific car accident that left her in a persistent vegetative state.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
In your grievance filed at SMUI, you claim staff neglected to provide you medical care following a fight you were involved in with another inmate. Your resolution is to receive a tape player, a pair of CL20 headphones and an adapter. Your grievance appeal has been reviewed at Central Office and the Warden's response is affirmed. The physical altercation between you and another inmate was not discovered by staff until after the incident had already happened. While staff does have a responsibility to ensure inmates are offered medical treatment, this cannot happen if staff is not aware of possible injuries.
When I asked Robert Hoffman to start at 5:00 a.m. to avoid the harassment fromMichael Niehenke and Donna Myers requested denied. C. When Harry Feals and I work together we have Julie Godzik, Robert Godzik, Brain Weaver and Michael Niehenke . These employees have stared at us until Mr. Franicola come after they called him Other employees are aloud to work together 8. Of the Persons in the same, or similar situation as you who was treated worse than you? Harry Feals Maintenance # 1 Harry Feals Maintenance #1 Mr. Feals received 11 weeks of Work for false allegation filed on pitt alert line, now he is seeking professional health with counseling to help cope with working at Pitt at Greensburg. .
contacted insd and reviewed claim handling, insd shared his experience and felt that he needed to rate the service he received based on the overall handling, he felt that the adjuster who inspected the vehicle was wonderful as was the others throughout the process but being a firefighter and being responsible for communicating information and it being logged he was upset that all information regarding the clmt was provided at FNOL and why it was not recorded and communicated was not acceptable. He did not want to wait to get vehicle fixed for fear of rust developing on vehicle and had to pay the $500.00 deductible He indicated we did not contact his witness who was a Pastor and should have been contacted. reviewed file that we did contact the witness who provided the correct tag information and we were able to locate the information for clmt based on that
This complaint is based upon the allegation of sexual harassment, disruptive, hostile work environment & racial discrimination filed by Brandy Stockton against Dr. Gregory McClain, stemming from their working relationship at the University of Missouri Hospital. Stockton received repeated harassing / threatening phone calls, some of which started the day Dr. McClain resigned subsequent to a peer review. The caller threatened to chop her up and deliver the pieces to her family. A criminal case has been presented to the Cole County Prosecutor against McClain by the M.U. Police Department. They identified an individual in Texas as the probable source of harassing / threatening calls.
For the reason that plaintiff could not carry out her essential function needed as a shaker table inspector job, the District Court articulate that appellant was not a qualified individual as per the ADA. In addition, the district court the reliable that appellant could not sustain a claim for reasonable accommodation, for the reason that any exclusion from the rotation system would make a danger of increasing the injuries for the pretender and the other table inspectors and therefore, would be arbitrary. In other words, was the case so that no reasonable jury could find that the employee was eligible for reasonable essential accommodation claim under
Response to Compliance Management Scenario Compliance management in a complicated and ever expanding portion of the Health Information Management (HIM) field. As federal, state and local laws are created and revised, HIM professionals must stay current of not only the regulations but also the consequences of non-compliance. Along with federal, state and local laws, attention must be paid to the guidelines of various accreditation and credentialing bodies. Scenario Mistakes, Type of Violation and Preventative Solution There are several mistakes made in the provided Compliance Management Scenario.