Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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DMR Eligibility Decison by H.O. Rosenberg 4 1 07

Rosenberg
Outcome: Ineligible Keyword: IQ, ADHD, underestimate Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine Cockcroft Counsel present for DMR: Douglas White vHearing Officer Decision: 4/1/07 Appeal confirmed by Commissioner:…

DMR Eligibility Decision by H.O. Rosenberg 3 20 07

Rosenberg
Outcome: Ineligible Keyword: ABAS-II, adaptive skills Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Richard Ames, Esq. Counsel present for DMR: Patrick Murphy Hearing Officer decision: 3/20/07 Appeal confirmed by Commissioner:…

DMR Eligibility Decision by H.O. Rosenberg 2 19 07

Deidre Rosenberg
Outcome: Eligible Keyword: eligibility standards, DSM criterion Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Frederick M. Misilo, Jr. Counsel present for DMR: John Mitchell Hearing Officer decision: Feb. 19, 2007 Appeal confirmed by Commissioner: April 3,…

DMR Eligibility Decision by H.O. Marcia Hudgins 12/28/06

Marcia Hudgins, Esq.
Outcome: Ineligible Keyword: subtest score discrepancy; learning disability; reporting FSIQ Hearing Officer: Marcia Hudgins Counsel present for Appellant: No Counsel present for DMR: C.J. Gagne Appellant present: No Hearing Officer decision: 12/28/06 Commissioner letter:…

DMR eligibility decision by H.O. Brown 12 6 06

Kathleen Brown
 I find that the Appellant has failed to show by a preponderance of the evidence that he is domiciled in Massachusetts." Thus, the determination for ineligibility was upheld.Keyword: domicileHearing Officer: Kathleen BrownCounsel present for Appellant: James NelliganCounsel present for…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 20

DHCD
Includes all decisions made between May 22, 2006 and November 21, 2006.

DMR Eligibility Decision by H.O. Marcia Hudgins 11/18/06

Marcia Hudgins, Esq.
Outcome: Eligible Keyword: IQ testing after age 18; test validity; WAIS-R; marked early delays Hearing Officer: Marcia Hudgins Counsel present for Appellant: Frederick M. Misilo, Jr. Counsel present for DMR: John C. Geenty, Jr. Appellant present: No Hearing Officer decision:…

DMR Eligibility Decision by H.O. Marcia Hudgins 11/09/06

Marcia Hudgins, Esq.
Outcome: Ineligible Keyword: IQ, IQ testing after age 18 Hearing Officer: Marcia Hudgins Counsel present for Appellant: No Counsel present for DMR: John Mitchell Appellant present: Yes Hearing Officer decision: 11/09/06 Commissioner letter:…

DMR Eligibility Decison by H.O. Hudgins 10 19 06

Hudgins
Outcome: Ineligible Keyword: autism, IQ, trauma, depressed scores Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Tim Sindelar Counsel present for DMR: Patrick Murphy Appellant present: Yes Hearing Officer decision on October 19, 2006 Appeal denied by…

Holyoke P.S. BSEA # 06-5994

Lindsay Byrne
Whether DESE policy of only appointing educational surrogate for youth in state custody or whose parents are unknown violates IDEA. No, it does not.

Appeal BR-100360

BOR (Board of Review)
Employee of temp agency on long-term contract to child care center discharged for missing work for school vacation week and two following days.  Following remand and new hearing, BOR determines that policy was too vague and left to client's discretion, and extenuating circumstances existed to…

DMR Eligibility Decision by H.O. Hudgins 7 18 06

Hudgins
Keyword: intellectual function Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: John Geenty Appellant present: No Hearing Officer Decision on July 18, 2006 Appeal denied by Commissioner on July 27, 2006 Three evaluations before age 18 were entered into…

DMR Eligibility Decision by H.O. Rosenberg 6 13 06

Rosenberg
Keyword: intellectual function before age 18, adaptive skills Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John Mitchell Appellant present: Yes Hearing Officer Decision on June 13, 2006 [Some pages are missing.] Two evaluations showed that the…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 19

DHCD
Includes all decisions made between November 21, 2005 and May 21, 2006.

DMR Eligibility Decision by H.O Rosenberg 5 3 06

Rosenberg
Appeal denied by Commissioner on May 23, 2006 Keyword: Learning disability, intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: C.J. Gagne Appellant present: No Hearing Officer Decision on May 3, 2006 The appellant…

DMR Eligibility Decision by H.O. Rosenberg 3 17 06

Rosenberg
Appeal denied by Commissioner on May 23, 2006 Keyword: Score Discrepancy, Learning disability, intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine W. Cockcroft (second hearing only) Counsel present for DMR: Kim LaDue Appellant present:…

Appeal BR-99136

BOR (Board of Review)
Immigrant worker obtained overnight mail sorter job at a bank through a friend who worked there.  Although claimant's actual employer was a temp agency and he filled out paperwork with the agency's name and address, he had no contact with the agency himself, and did not receive notice as…

BR 98350-CTRM

BOR (Board of Review)
Telephone operator had good cause to accept "voluntary separation" buyout offer where she had already been transferred several times when offices closed, her union steward warned her that her current office was likely to be closed, and any other office would have required a much longer…

Appeal BR-99108

BOR (Board of Review)
Carpenter left work early because job had hit a bottleneck and thereafter did not report back for more work.  Employer assumed he had quit, sent him "final pay."  Claimant was surprised, asked for job back, but employer had no more work at that time.  Based on the particular…

DMR Eligibility Decision by H.O. Rosenberg 2 24 06

Rosenberg
Appeal denied by Commissioner on March 29, 2006 Keyword: intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John Mitchell Appellant present: No Hearing Officer Decision on February 24, 2006 The appellant had been diagnosed with autism,…

DMR Eligibility Decision by H.O. Rosenberg 2 12 06

Rosenberg
Appeal approved by Commissioner on March 16, 2006 Keyword: Brain abnormality, executive function difficulties, vocational assessments Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Robert Hamel, Esq. Counsel present for DMR: Allegra Munson, Esq. Appellant present:…

MCAD & Karl Hanson v. DSS

Full Commission
This is an important MCAD CORI related opinion that is hard to find on MCAD website although you can get it on Westlaw. In a nutshell, employer should not ask about or use juvenile records.

DMR Eligibility Decision by H.O. Rosenberg 1 30 06

Rosenberg
Appeal denied by Commissioner on March 16, 2006 Keyword: DSS, Post Traumatic Stress Disorder, intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: N/A Counsel present for DMR: N/A Appellant present: N/A Hearing Officer Decision on January 30,…

DMR Eligibility Decision by H.O. Hudgins 1 14 06

Hudgins
Keyword: ABAS-II, substantial limitations, intellectual function, age 18 Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Douglas J. White Appellant present: Yes Hearing Officer Decision on January 14, 2006 Appeal approved by…

DMR Eligibility Decision by H.O. Hudgins 1 13 06

Hudgins
Keyword:, intellectual function, medication side effect, score interference Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: John O. Mitchell Appellant present: Yes Hearing Officer Decision on January 13, 2006   Four evaluation…

DMR Eligibility Decision by H.O. Rosenberg 12 23 05

Rosenberg
Appeal denied by Commissioner on January 3, 2006 Keyword: intellectual function, behavior and psychiatric problems Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine Cockroft, Esq. Counsel present for DMR: Douglas White Appellant present: No Hearing Officer…

DMR Eligibility Decsion by H.O. Hudgins 12 2 05

Hudgins
Keyword: intellectual function, score discrepancy, score increase, functional impairment due to other causes Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Tim Sindelar Counsel present for DMR: Douglas White, David B. Fleishman Appellant present: Yes Hearing Officer…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 18

DHCD
Includes all decisions made between May 21, 2005 and November 20, 2005.

DMR Eligibility Decision by H.O Rosenberg 11 29 05

Rosenberg
Appeal denied by Commissioner on January 4, 2006 Keyword: medication side effect, attention span, safety issues, intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine Cockroft Counsel present for DMR: John Mitchell Appellant present:…

BOR-98096 (2005)

BOR (Board of Review)
Employer discharged claimant for testing positive for marijuana on random drug test.  On claimant's appeal, employer failed to present evidence to show that claimant used marijuana or chain of custody evidence to demonstrate that positive drug test report was reliable.  Board reversed…

DMR Eligibility Decision by H.O. Hudgins 11 17 05

Hudgins
Keyword: intellectual function, thought disorder Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Allegra Munson Appellant present: Yes Hearing Officer Decision on November 17,…

DMR Eligibility Decision by H.O. Hudgins 11 14 05

Hudgins
Appeal denied by Commissioner on November 27, 2005 Keyword: intellectual function Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Douglas J. White Appellant present: Yes Hearing Officer Decision on November 14, 2005 In 2004, when the appellant was 19,…

DMR Eligibility Decision by H.O. Hudgins 11/9/2005

Marcia Hudgins
DMR Eligibility Decision by H.O. Hudgins 11/9/2005 Outcome: eligible Keyword: testing prior to age 18; one on one testing conditions Hearing Officer: Hudgins           Counsel present for Appellant: N/A Counsel present for DMR: David…

Appeal BR-98096

BOR (Board of Review)
Car salesman was fired for failing random drug test, testing positive for marijuana. Claimant challenged reliability of test, pointing out that he should have but did not test positive for other drugs because of prescription medications he was taking. R/E finds that since employer had no knowledge…

DMR Eligibility Decision by H.O. Rosenberg 10 22 05

Rosenberg
Keyword: intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine Cockroft, Esq. Counsel present for DMR: Allegra E. Munson, Esq. Appellant present: Yes Hearing Officer Decision on October 22, 2005 The appellant had been diagnosed with attention deficit…

DMR Eligibility Decision by H.O. Rosenberg 10 14 05

Rosenberg
Keyword: academic achievement testing, discrepancy in testing, intellectual function  Hearing on August 3, 2005 Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: No Hearing Officer Decision on October 14,…

DMR Eligibility Decision by H.O. Hudgins, August 17, 2005

Marcia Hudgins
Appeal of T.J.G. Appeal allowed -- eligible Keyword:  subtest score discrepancy, verbal versus performance scores Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: David Fleischman Appellant present: Yes Hearing Officer Decision…

DMR Eligibility Decision by H.O. Hudgins 8 3 05

Hudgins
Appeal denied on by Commissioner August 17, 2005 Keyword: subtest score discrepancy, intellectual function Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: John C. Geenty, Jr. Appellant present: No Hearing Officer Decision on August 3,…

DMR Eligibility Decision by H.O. Hudgins 6 11 05

Hudgins
Appeal denied by Commissioner on August 17, 2005 Keyword: intellectual function, mental illness and impairment Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Patrick Murphy Appellant present: No Hearing Officer Decision on June 11,…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 17

DHCD
Includes all decisions made between November 22, 2004 and May 20, 2005.

TAFDC-- Overpayment--Cannot recover OP of grandmother from grandkids grant

John Whelan, Hearing Officer
The grandmother had previously been assessed an overpayment. She was now receiving assistance for 3 grandchildren (not part of the original overpaid unit) and not for herself. 106 CMR 206.750 provides that DTA may recover overpayments only from the grantee, whether eligible or ineligible, of the…

DMR Eligibility Decision by H.O. Rosenberg 4 1 05

Rosenberg
Appeal denied by Commissioner on April 14, 2005 Keyword: intellectual function Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: Diane Johnson, James Bergeron Appellant present: Yes Hearing Officer Decision on April 1, 2005 The appellant had been diagnosed…

BOR-95104-TRA (2005)

BOR (Board of Review)
Even though claimant's enrollment in TAA-approved training was not within the statutory deadlines, where she filed all TRA paperwork promptly and the delay was due to an administrative error over which she had no control, she will be considered to have complied with the requirements and is…

DMR Eligibility Decision by H.O. Rosenberg 2 15 05

Rosenberg
Appeal denied by Commissioner on March 18, 2005 Keyword: intellectual function, verbal scores, age 18 The appellant was born with hypospodias and encephalocele and developed hypothalamic dysfunction, diabetes insipidus, asthma and a seizure disorder. Hearing Officer: Deirdre…

DMR Eligibility Decision by H.O. Hudgins 2 8 05

Hudgins
Appeal denied by Commissioner on March 14, 2005 Keyword: Fetal alcohol syndrome, adaptive skill deficits, test validity, Stanford Binet, intellectual function, age 18 Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Tim Sindelar Counsel present for DMR: Patrick…

Appeal BR-95193

BOR (Board of Review)
Assistant bank manager was fired for talking about the manager to a line worker in a way that employer said undermined the manager, but the decision to fire her was made by others in the company. Reversing R/E, BOR finds no misconduct, reasoning that since the manager did not view the offense as…

DMR Eligibility Decision by H.O. Hudgins 12 24 04

Marcia Hudgins
Appeal denied by Commissioner on March 14, 2005 Keyword: learning disability, score inconsistency, intellectual function, PDD, adaptive skills Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: George Casey Appellant present: No Hearing…

DMR Eligibility Decision by H.O. Hudgins 12 22 04

Hudgins
Appeal allowed by Commissioner March 14, 2005 Keyword: subtest score discrepancy, verbal versus performance scores Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Fred Misilo Counsel present for DMR: Kim LaDue Appellant present: Yes Hearing Officer Decision on…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 16

DHCD
Includes all decisions made between May 24, 2008 and November 21, 2004.

Appeal BR-94360

BOR (Board of Review)
Claimant worked for large corporation that offered a mass "voluntary separation program" and threatened to close two out of 5 or 6 offices. R/E found that claimant did not meet burden of proof of a reasonable belief that she would be laid off if she did not accept the buyout offer.…