Administrative Decisions

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

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DMR Eligibility Decision by H.O. Hudgins 11 8 04

Hudgins
Appeal denied by Commissioner on November 15, 2004 Keyword: intellectual function, age 18, discrepancy between scores Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: No Hearing Officer Decision on November…

DMR Eligibility Decison by H.O. Hudgins 10 18 04

Hudgins
Appeal denied by Commissioner on October 26, 2004 Keyword: intellectual function, subset score discrepancy, lack of global deficits Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: David Fleischman Appellant present: Yes Hearing Officer…

DMR Eligibility Decision by H.O. Hudgins 10 13 04

Hudgins
Outcome: Ineligible Keyword: significantly sub-average intellectual functioning Appellant is a 19 year old male currently living in a group home at the Protestant Guild Learning Center. He had been diagnosed with Asperger's Disorder and moderate to severe ADD. Hearing Officer: Marcia A.…

Appeal BR-92307

BOR (Board of Review)
University janitor fired after refusing to accept transfer to an assignment where he would have reported to a supervisor who had recently treated him unfairly. Despite some incoherence, BOR credits claimant's testimony that he believed he could be disciplined but not fired for refusing this…

Appeal BR-93594

BOR (Board of Review)
Where legal secretary to a sole practitioner quit because of what she perceived to be hostile and unreasonable criticism, evidence that she broke out in a rash was sufficient to establish that she quit for good personal cause. "Leaving because the workplace is making you ill constitutes such an…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 15

DHCD
Includes all decisions made between November 22, 2004 and May 23, 2004.

Appeal BR-91637

BOR (Board of Review)
Cl quit hospital patient representative job because of unfriendly treatment by coworkers. Although final provocation was not severe in and of itself, BOR finds that course of dealing over 2 1/2 months justified claimant in believing that supervisor and colleagues were implacably hostile to her and…

DMR Eligibility Decision by H.O. Hudgins 5 15 04

Hudgins
Keyword: intellectual function, Asperger's, learning disability, IQ increase  Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: No Hearing Officer Decision on May 15, 2004 The appellant had been…

DMR Eligibility Decision by H.O. Hudgins 4 22 04

Hudgins
Appeal denied by Commissioner on May 5, 2004 Keyword:   intellectual function, subset score discrepancy, Asperger's Disorder, MCAS Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: No Hearing…

DMR Eligibility Decision by H.O. Hudgins 4 1 04

Hudgins
Appeal allowed by Commissioner on June 28, 2004 Keyword: intellectual function, adaptive skills Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: David Fleischman Appellant present: Yes Hearing Officer Decision on April 1,…

Appeal BR-91976

BOR (Board of Review)
Claimant fired for using a vulgarism in a private phone call to describe consequences of owner's bouncing paychecks. BOR finds this was not deliberate misconduct considering that owner had recently used some of the same vulgarities. Also, mitigating circumstances existed since claimant had been…

DMR Eligibility Decision by H.O. Hudgins 3 25 04

Hudgins
Hearing Officer decision modified and eligibility denied by Commissioner's decision of June 17, 2004 Keyword: intellectual function, standard error of measurement, Flynn effect, abuse of discretion Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present…

DMR Eligibility Decision by H.O. Hudgins 3 18 04

Hudgins
  Appeal denied by Commissioner on March 23, 2004 Keyword: 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 March 18,…

DMR Eligibility Decision by H.O. Hudgins 2 4 04

Marcia Hudgins
Appeal denied by Commissioner on February 10, 2004 Keyword: intellectual function, muscular dystrophy Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: C. J. Gagne Appellant present: Yes Hearing Officer Decision on February 4, 2004 The…

DMR Eligibility Decision by H.O. Hudgins 1 27 04

Hudgins
Keyword: intellectual function Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: George M. Casey Appellant present: No Hearing Officer Decision on January 27, 2004   Year Test Age Score Diagnosis in…

DMR Eligibility Decision by H.O. Hudgins 1 6 04

Hudgins
Keyword: intellectual function, adaptive skills, IQ increase, subtest scatter Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: Yes Hearing Officer Decision on January 6, 2004 One evaluation of the…

DMR Eligibility Decision by H.O. Hudgins 1 5 04

Hudgins
Keyword: subtest score discrepancy, adaptive skills Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Kim LaDue Appellant present: Yes Hearing Officer Decision on January 5,…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 14

DHCD
Includes all decisions made between May 19, 2003 and November 26, 2003.

Board of Review Decision, BR-89507

BOR (Board of Review)
After-school child care worker's failure to report that one girl reported another touched her private parts did not violate policy requiring her to report "suspected abuse" since claimant believed no inappropriate touching had occurred. BR-89507  

BSEA# 03-3557 Halima and Lincoln-Sudbury Public Schools

Lindsay Byrne
Student with Downs Syndrome did not receive an adequate IEP, and the school did not communicate adequately with parents. The District was ordered to reimburse parents for tuition at a prvate school - the GROW Program at Riverview School The hearing officer placed great weight on the testimony of Dr…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 13

DHCD
Includes all decisions made between November 20, 2002 and May 18, 2003.

Appeal BR-87291

BOR (Board of Review)
Claimant was fired and disqualified from UI; found new work, but at a wage that never exceeded what would have been her weekly benefit rate; was laid off over a year later and was denied UI benefits based on the previous disqualification. BOR holds that disqualification is lifted once a claimant…

BSEA # 02-4323 Boston Public Schools and Waltham Public Schools

Bill Crane, Hearing Officer (BSEA)
BSEA hearing officer Bill Crane affirms jurisdiction to enforce settlement agreements, contra to Lindsay Burne, In re: Agawam Public Schools, 8 MSER 103 (SEA MA 2002).

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 12

DHCD
Includes all decisions made between May 17, 2002 and November 19, 2002.

S.W. and Joanne W. v. Holbrook Public Schools

O'Toole, D.J.
Expulsion case. S.W. and Joanne W. v. Holbrook Public SchoolsIn this case, a ninth-grade student who had not previously been identified as having a disability was expelled from school for allegedly providing drugs to another student. In an important interpretation of IDEA requirements regarding…

UI Decision 9/11/2002

BOR (Board of Review)
Assistant teacher was accused by a mother of trying to smother the mother's child, which was untrue. Claiamnt was very upset by this, called in sick for several days, then did not return to her job. Supervisor had said that if she couldn't deal with this kind of accusation she should find another…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 11

DHCD
Includes all decisions made between November 19, 2001 and May 17, 2002.

UI Decision 5/16/2002

BOR (Board of Review)
Claimant needed to quit work when her son would start kindergarten, but instead of waiting till faill, she left in June. She had no child care for the summer and she was already having problems because of her long commute. Following remand and the taking of additional evidence, R/E finds she left…

UI Decision 1/4/2002

BOR (Board of Review)
Automotive technician discharged after thirteen years for "refusal to perform assigned work," a rule violation, with no warning after he refused to switch from one priority assignment to another. Board, applying Still v. DET, finds no intent to violate the rule since claimant reasonably thought he…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 10

DHCD
Includes all decisions made between May 18, 2001 and November 18, 2001.

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 09

DHCD
Includes all decisions made between November 18, 2000 and May 17, 2001.

Medical Assistance Board of Hearings' Practice Tips

Kim M. Larkin, Director
Practice and Procedure at the Division of Medical Assistance Board of Hearings

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 08

DHCD
Includes all decisions made between May 18, 2000 and November 17, 2000.

UI Decision 10/1/2000

BOR (Board of Review)
Claimant was laid off when there was a large reduction at his plant. Under the union contract he was entitled to a severance payment to be made in four installments over a one-year period. Claimant contends and BOR finds that this was a "lump sum in connection with a plant closing," under…

UI Decision 9/5/2000

BOR (Board of Review)
Claimant was found drinking on the job, refused a police offer of a ride home, and as a result was arrested, refused Breathalyzer, and had his driver's license suspended. Employer fired him even though driving was a small part of his job. Claimant was a documented alcoholic. He argued that he quit…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 07

DHCD
Includes all decisions made between November 17, 2000 and May 17, 2000.

UI Decision 7/7/2000

BOR (Board of Review)
Manufacturing supervisory employee was fired for insubordination after refusing to issue a reprimand to a line worker for an improper inspection. The claimant refused to do it because he did not believe the worker was at fault. R/E and BOR ruled claimant disqualified, reasoning that since the…

UI Decision 6/5/2000

BOR (Board of Review)
Claimant applied for §30 benefits. DET sat on her application until after her program had already started, orally assured her it would be approved, but then denied it because the program would last more than one year, in violation of DET regs. BOR finds claimant eligible because she was prejudiced…

UI Decision 6/1/2000

BOR (Board of Review)
Claimant's schedule was changed to one which she could not work because of her fibromyalgia. She ended up quitting. After remand and taking of new evidence, BOR concludes that the change was imposed unilaterally and that a further revised schedule more accommodating to the claimant was never…

UI Decision 4/4/2000

BOR (Board of Review)
Claimant, on a medical leave of absence from a part-time employer, was found to be in unemployment as to that employer. BR-0263321 Advocate: Patti Prunhuber, WMLS

UI Decision 4/3/2000

BOR (Board of Review)
Claimant was discharged after failing to come to work after a final warning. Because the reason was the effects of domestic violence on herself and her child, BOR concluded that she had constructively quit, but for urgent and compelling personal reasons. BR-26003700 Advocate: Patti Prunhuber, WMLS

UI Decision 3/27/2000

BOR (Board of Review)
Claimant quit after being required to stay later beyond normal working hours, which conflicted with her child care arrangements. She tried to switch child care programs and to get employer to change its practices, without success. R/E found claimant did not make adequate effort to preserve her job.…

UI Decision 3/13/2000

BOR (Board of Review)
Claimant worked as a store Santa Claus. He was fired for doing personal business on company time after having once been warned. Prior warning (probation) was for using ATM; this time claimant picked up some merchandise which he had ordered before his shift but could not pick up on personal time…

UI Decision 3/6/2000

BOR (Board of Review)
Claimant was depressed and alcoholic. After returning to work from a family and medical leave, he had several warnings for absences. One day he became frustrated and asked for leave to get counseling, but permission was denied. He left anyway and was fired. BOR concludes that employer's denial of…

Appeal BR-270342

BOR (Board of Review)
Claimant didn't apply for extended benefits until 24th week -- despite receiving notice of the 15-wk deadline -- because career center told her she did not need further training and she believed them. Claimant was an RN who could no longer do direct care and who needed computer skills to qualify…

UI Decision 1/12/2000

BOR (Board of Review)
Deli worker quit after being harassed and humiliated by the president of the company. Last straw was making her wait a half hour to pick up a paycheck while she needed to get home to give medicine to her ill son. R/E found claimant not credible, but BOR found that hostile work environment gave her…

UI Decision 12/7/1999

BOR (Board of Review)
Where there was no postal service postmark on claimant's appeal to BOR because attorney mailed it using her postage machine, and it arrived a day past the filing deadline, attorney's testimony was credible and Board treats the application as timely filed. BR-267814 Advocate: Patti Prunhuber, WMLS

UI Decision 11/18/1999

BOR (Board of Review)
Part-time cashier took medical leave because she could not stay on her feet during pregnancy. She looked for other work through a temp agency but found nothing suitable, and ceased looking for work shortly before the birth of her child. R/E disqualified her for the period she was looking for…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 06

DHCD
Includes all decisions made between May 18, 1999 and November 6, 1999.

UI Decision 11/15/1999

BOR (Board of Review)
Cook's work was increased by 50% with no increase in pay. Then employer tried to increase it by another third, but claimant resisted. Later, employer reduced his overtime hours, causing his earnings to decrease by 10%. R/E found no good cause to quit by BOR reversed. BR-260578 Advocate: Audrey…