We have included an example of a case involving a Medical Care Facility which we represented. The case involved a hearing before an Administrative Law Judge (ALJ), an Employer appeal to the Michigan Compensation Appellate Commission (MCAC), and finally, a Claimant appeal to Circuit Court. We have included several documents including:
1. The transcript of the hearing (1 hour the first day and 2 hours the second day)
2. The ALJ Decision in Favor of the Claimant
3. The Employer Written Argument to the MCAC appealing the ALJ Decision
4. The MCAC Decision in Favor of the Employer (our client) reversing the ALJ Decision
5. The Employer Written Argument and Brief to the Circuit Court Asking the Court to Affirm the MCAC Decision. The Court did that and our client prevailed. The Claimant did not appeal the Circuit Court Decision.
The documents are below. We redacted all names except ours and the ALJ's, and redacted all other confidential information. We also did not include any of the Employer Exhibits since many of them contain proprietary information.
What follows is a brief statement of facts of the case:
On December 17, 20xx, the claimant was discharged for violating the employer’s drug administration standards. The employer had several policies that required that drugs to be administered and documented one patient at a time. She acknowledged these policies. The defendant used her own procedure, i.e., administer drugs to all the patients and then document the administration of the drugs, after the fact. As the employer witnesses testified, this posed significant risk to patients. In fact, the claimant’s procedure violates the “five rights”; the claimant acknowledged that she knew what the “five rights” were. The claimant was given a warning about her violation of policy and nursing standard.
The documents are below.
1. The transcript of the hearing (1 hour the first day and 2 hours the second day)
2. The ALJ Decision in Favor of the Claimant
3. The Employer Written Argument to the MCAC appealing the ALJ Decision
4. The MCAC Decision in Favor of the Employer (our client) reversing the ALJ Decision
5. The Employer Written Argument and Brief to the Circuit Court Asking the Court to Affirm the MCAC Decision. The Court did that and our client prevailed. The Claimant did not appeal the Circuit Court Decision.
The documents are below. We redacted all names except ours and the ALJ's, and redacted all other confidential information. We also did not include any of the Employer Exhibits since many of them contain proprietary information.
What follows is a brief statement of facts of the case:
On December 17, 20xx, the claimant was discharged for violating the employer’s drug administration standards. The employer had several policies that required that drugs to be administered and documented one patient at a time. She acknowledged these policies. The defendant used her own procedure, i.e., administer drugs to all the patients and then document the administration of the drugs, after the fact. As the employer witnesses testified, this posed significant risk to patients. In fact, the claimant’s procedure violates the “five rights”; the claimant acknowledged that she knew what the “five rights” were. The claimant was given a warning about her violation of policy and nursing standard.
The documents are below.
transcript_of_alj_hearing_day_1_employers_testimony_-_medical_care_facility.pdf | |
File Size: | 2586 kb |
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transcript_of_alj_hearing_day_2_employers_testimony_-_medical_care_facility.pdf | |
File Size: | 2894 kb |
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transcript_of_alj_hearing_day_2_claimants_testimony_-_medical_care_facility.pdf | |
File Size: | 2857 kb |
File Type: |
alj_decision_against_employer_-_medical_care_facility.pdf | |
File Size: | 797 kb |
File Type: |
employers_written_argument_to_mcac_requesting_reversal_of_alj_decision_-_medical_care_facility.pdf | |
File Size: | 367 kb |
File Type: |
mcac_decision_in_favor_of_employer_-_medical_care_facility.pdf | |
File Size: | 364 kb |
File Type: |
employers_written_argument_and_brief_to_circuit_court_requesting_affirmation_of_mcac_decision_-_medical_care_facility.pdf | |
File Size: | 786 kb |
File Type: |