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. MacKieran 9 2 08

MacKieran
Outcome: Eligible Keyword: domicile  Hearing Officer: Sarah MacKiernan Counsel present for Appellant: James Nelligan Counsel present for DMR: Patrick Murphy Hearing Officer decision: Sept. 2, 2008 (note: decision is Sept., not April) Appeal confirmed by Commissioner: Sept. 5, 2008 This is…

BR -- 106663

BOR (Board of Review)
The claimant, who was employed as a chief at a restaurant, found a new job and gave two weeks notice at his old one. (Although not noted in the Board's decision, the first employer was scheduled to close for the season three weeks after the date the claimant gave his notice.) The old employer…

BR -- 103076

BOR (Board of Review)
This case involved a LPN who was discharged by a nursing home for reporting to work intoxicated by drugs. A screen showed marijuana, cocaine, Klonopin and Adivan in her bloodstream. She did not have a current prescription for the medications. They were left-overs from a past prescription given to…

BR-106310 (7/16/08)

BOR (Board of Review)
Claimant’s negligent failure to check a catheter does not result in disqualification, notwithstanding the gravity of the error, as it was not intentional disregard of employee standards, and thus not deliberate misconduct.

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 23

DHCD
Includes all decisions made between November 24, 2007 and May 24, 2008.

BOR-106513

BOR (Board of Review)
Claimant was initially approved for Section 30 training benefits, but approval was later rescinded by the Training Opportunities Unit because the training program was not full-time.  R/E affirmed denial.  BOR reversed R/E, ruling that training program met regulatory requirement of "12 credits…

DMR Eligibility Decision by H.O. Silver 5 6 08

Silver
Outcome: eligible Keyword: brain injury, mental illness, adaptive skill deficits, test validity of ABAS-II Hearing Officer: Elizabeth Silver Counsel present for DMR: Cynthia Gagne Appellant present: No Hearing Officer decision: 5/6/08 Appeal confirmed by Commissioner: 5/12/08 The…

DMR Eligibility Decision by H.O. MacKieran 4 29 08

MacKieran
Outcome: Ineligible Keyword: non-verbal learning disorder, mental illness, IQ Hearing Officer: Sara Mackiernan Hearing Officer decision: April 29, 2008 Appeal confirmed by Commissioner: May 12, 2008 The issue presented in this case is whether the appellant meets the eligibility criteria for…

DMR Eligibility Decision by H.O. MacKieran 4 22 08

MacKieran
Outcome: eligible Keyword: IQ, deafness, functional impairment Hearing Officer: Sara MacKiernan Counsel present for DMR: Kim LaDue Appellant present: Yes Hearing Officer decision: 4/22/08 Appeal confirmed by Commissioner: 5/12/08 The appellant is 20 years old.  She is a residential…

DMR Eligibility Decision by H.O. Adamo 4 21 08

Adamo
Outcome: Ineligible Keyword: Validity, reliability, IQ Hearing Officer: Jeanne Adamo Counsel present for Appellant: Alfred A. Gray Counsel present for DMR: Kim La Due Hearing Officer decision: April 21, 2008 Appeal confirmed by Commissioner: April 28.…

DMR Eligibility Decision by H.O. Hudgins 4 7 08

Hudgins
Appeal denied by Commissioner on April 14, 2008 Keyword: intellectual function, mental illness Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: Allegra Munson Appellant present: No (mother present) Hearing Officer Decision on April 7,…

DMR eligibility decision of H.O. MacKiernan 4 2 08

Sarah MacKiernan
Keyword: domicile Hearing Officer: Sarah MacKiernan Counsel present for Appellant: James Nelligan Counsel present for DMR: Patrick Murphy Hearing Officer decision: Apr. 2, 2008 Appeal confirmed by Commissioner: Sept. 5, 2008 Outcome: Eligible This is appeal was heard on remand from…

Freetown-Lakeville Public School; BSEA No. 08-2206

Sara Berman, Hearing Officer
Rights of homeless special education student. Assigning residency and responsibility for placement cost.

BOR-105149

BOR (Board of Review)
Claimant worked in a residential DMH program.  He was fired for failing to comply with rule requiring that medical errors be reported immediately to employer.  R/E affirmed denial of benefits.  BOR reversed R/E and awarded benefits, ruling that claimant was unable to complete all…

DMR Eligibility Decision by H.O. Adamo 3 13 08

Adamo
Outcome: ineligible Keyword: IQ Hearing Officer: Jeanne Adamo Counsel present for Appellant: none Appellant: present Appellant's father: present Counsel present for DMR: Elise Kopley Hearing Officer decision: Mar. 13, 2008 Appeal confirmed by Commissioner: Mar. 18, 2008 The issue presented in…

DMR Eligibility Decision by H.O. Adamo 3 10 08

Adamo
Outcome: ineligible Keyword: IQ, discrepancy between verbal and performance IQ Hearing Officer: Jeanne Adamo Counsel present for DMR: John C. Geenty, Jr.  Appellant present: No Hearing Officer decision 3/10/08 Appeal confirmed by Commissioner: 3/18/08 The appellant is a 21-year old…

DMR Eligibility Decison by H.O. Rosenberg 3 8 08

Rosenberg, DMR
Outcome: Ineligible Keyword: validity, reliability, IQ   Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: N/A Counsel present for DMR: Elise Kopley Hearing Officer decision: March 8, 2008 Appeal confirmed by Commissioner: March 14, 2008 43-year-old applicant…

DMR Eligibility Decision by H.O. Silver 3 7 08

Silver
Outcome: Ineligible Keyword: IQ, underestimation, mental illness Hearing Officer: Elizabeth Silver Counsel present for Appellant: Elaine W. Cockroft Counsel present for DMR: Douglas White Hearing Officer decision: March 7, 2008 Appeal confirmed by Commissioner: Mar. 14, 2008 The Issue…

DMR Eligibility Decision by H.O. Hudgins 2 28 08

Hudgins
Appeal of Hearing Officer: Marcia Hudgins Counsel present for Appellant: Frederick Misilo, Jr. Counsel present for DMR: Kim LaDue Hearing Officer decision: Feb. 28, 2008 Appeal confirmed by Commissioner: Mar. 5, 2008 Outcome: Eligible Keyword: domicile   After graduating from High School in…

DMR eligibility decision by H.O. Hudgins 2 28 08

Marcia Hudgins
The hearing officer found that the appellant had rebutted the presumption set out in the regulations that she was not domiciled in Mass. Keyword: Domicile Hearing Officer: Marcia Hudgins Counsel present for Appellant: Frederick Misilo, Jr.  Counsel present for DMR: Kim LaDue Hearing Officer…

DMR Eligibility Decision by H.O. MacKieran 2 25 08

MacKieran
Outcome: Ineligible Keyword: subscore discrepancy, validity, IQ, mental illness Hearing Officer: Sara Mackiernan Counsel present for Appellant: N/A (In custody of DSS, though) Counsel present for DMR: Allegra Munson Hearing Officer decision: February 25, 2008 Appeal confirmed by…

BOR-105488

BOR (Board of Review)
Claimant's voluntary separation from employer was due to employer's elimination of night pay differential causing the cliamant a 20 percent salary reduction, which was good cause attributable to employer. Board reversed R/E decision.  Claimant entitled to UI benefits

DMR Eligibility Decision by H.O. Rosenberg 2 19 08

Rosenberg
Outcome: ineligible Keyword: IQ, fine motor impaiment, cognitive and visual perceptual delays Hearing Officer: Deirdre Rosenberg Counsel present for DMR: Patricia Oney Appellant present: Yes Hearing Officer decision: 2/19/08 Appeal confirmed by Commissioner: 3/7/08 The appellant is a…

DMR Eligibility Decison by H.O. Rosenberg 1 30 08

Rosenberg
Outcome: ineligible Keyword: scatter among subtests, underestimation, IQ   Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: no Counsel present for DMR: Patricia Oney Appellant present: yes Hearing Officer decision: Jan. 30, 2008 Appeal denied by Commissioner: Feb.…

DMR Eligibility Decision by H.O. MacKiernan 1 18 08

Sara MacKiernan
Keyword: emotional stability during testing Outcome: ineligible Hearing Officer: Sara Mackiernan Counsel present for Appellant: Counsel present for DMR: Hearing Officer decision: January 18, 2008 Appeal confirmed by Commissioner: January 31, 2008   Year Test Age Score Diagnosis…

DMR eligibility decision by H.O. Hudgins 1 16 08

Marcia Hudgins
The hearing officer found that the appellant did meet the criteria of 115CMR6.04(2)(a) because he was considered domiciled in Mass. and intended to stay here indefinitely. While the family assisted in his move to Mass., they did not arrange it. "[Assisting] is not the same as arranging." Keyword:…

DMR Eligibility Decision by H.O. Rosenberg 1 16 08

Rosenberg
Outcome: ineligible Keyword: social security, IQ  Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John Mitchell Appellant present: yes Hearing Officer decision: Jan. 16, 2008 Appeal denied by Commissioner: Feb. 1, 2008 The issue…

DMR Eligibility Decision by H.O. Hudgins 1 10 08

Hudgins
Outcome: ineligible Keyword: IQ, mental illness, adaptive skill deficits  Hearing Officer: Marcia Hudgins Counsel present for DMR: Patrick Murphy Appellant present: Yes Hearing Officer decision: 1/10/08 Appeal confirmed by Commissioner: 2/1/08 The appellant is a 22-year old woman who…

DMR Eligibility Decision by H.O. Rosenberg 1 3 08

Rosenberg, DMR
Outcome: Ineligible Keyword: IQ   Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John C. Geenty, Jr. Appellant present: Yes Hearing Officer decision on January 3, 2008 Appeal denied by Commissioner on January 14, 2008 The appellant is a…

BSEA 08-3070 Belmont Public School

William Crane Hearing Officer
The HO decided that Belmont's behavior intervention plan (BIP) was overly restrictive, and he denied the town's request to force its implementation. Decision involved a 10 year old, 5th grade boy who had ODD and difficulty controlling some aggressive and risky behaviors.  The BIP…

DMR Eligibility Decision by H.O. Rosenberg 12 18 07

Rosenberg
Appeal denied by Commissioner on December 19, 2007 Keyword: subtest score, overstated abilities, adaptive functioning level  Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John C. Greenty Jr. Appellant present: Yes Hearing Officer Decision…

DMR Eligibility Decision by H.O. Deirdre Rosenberg 12/6/07

Deirdre Rosenberg
Outcome: Denied Keyword: reliability, early childhood IQ tests, incomplete ABAS-II questionnaire Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Counsel present for DMR: Allegra Munson Hearing Officer decision: 12/6/07 Appeal confirmed by Commissioner:…

BOR-103925

BOR (Board of Review)
Claimant did not realize he had failed to shut off machine before trying to clear a jam in the machine; therefore, his conduct was not an intentional violation of employer's safety policy and he was entitled to UI benefits.

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 22

DHCD
Includes all decisions made between May 23, 2007 and November 23, 2007.

DMR Eligibility Decision by H.O. Deirdre Rosenberg 11/13/07

Deirdre Rosenberg
Outcome: Approved Keyword: sub test scores, full scale IQ Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Elaine Cockroft Counsel present for DMR: Douglas White Hearing Officer decision: 11/13/07 Appeal confirmed by Commissioner: 11/26/07   The hearing…

DMR Eligibility Decision by H.O. Hudgins 10 16 07

Hudgins
Outcome: Eligible Keyword: learning disability, ADHD, ABAS-II, IQ Hearing Officer: Marcia Hudgins Counsel present for Appellant: n/a Counsel present for DMR: n/a Hearing Officer Decision: 10/16/07 Appeal confirmed by Commissioner:…

Appeal of DMR determination of need, decision by H.O. Deirdre Rosenberg 10/5/07

Deirdre Rosenberg
Outcome: Denied Keyword: Appeal of DMR determination of need, Boulet, residential placement Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Counsel present for DMR: John O. Mitchell Hearing Officer decision: 10/5/07 Appeal confirmed by Commissioner:…

DMR Eligibility Decision by H.O. Deirdre Rosenberg 9/23/07

Deirdre Rosenberg
Outcome: Denied Keyword: sub-test scores, adaptive skills Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Tim Sindelar Counsel present for DMR: Douglas White Hearing Officer decision: Sept. 23, 2007 Appeal confirmed by Commissioner: Oct. 5, 2007   The…

DMR Eligibility Decision by H.O. Rosenberg 8 30 07

Rosenberg
Outcome: Ineligible Keyword: IQ, lack of evidence Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: Patricia Oney Appellant present: Yes Hearing Officer decision on August 30, 2007 Appeal denied by Commissioner on September 7, 2007 Appellant is…

Appeal BR-103186

BOR (Board of Review)
Data entry clerk relocated out of state hoping to find more successful medical treatment for her adolescent son, who had autism and whose behaviour was no longer controlled by medication. Even though no Massachsuetts doctor recommended that claimant move to Georgia, she believed that a doctor there…

DMR Eligibility Decision by H.O Hudgins 8 13 07

Hudgins
Outcome: Ineligible Keyword: underestimate, reliability, ABAS-II Hearing Officer: Marcia Hudgins  Counsel present for Appellant: n/a Counsel present for DMR: John C. Geenty Jr. Hearing Officer Decision: 8/13/07 Appeal confirmed by Commissioner:…

DMR Eligibility Decision by H.O. Deirdre Rosenberg 8/6/07

Deirdre Rosenberg
Outcome: Approved Keyword: Mixed Receptive-Expressive Language Disorder, co-existing conditions, discrepancy between sub-test scores Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Counsel present for DMR: Douglas White Hearing Officer decision: 8/6/07 Appeal…

DMR Eligibility Decision by H.O. Hudgins 7 30 07

Hudgins
Outcome: Ineligible Keyword: IQ Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: No Counsel present for DMR: John O. Mitchell Appellant present: Yes Hearing Officer decision on July 30, 2007 Appeal denied by Commissioner on September 6, 2007 Appellant is a 20 year old…

DMR Eligibility Decision by H.O. Rosenberg 6 23 07

Rosenberg
Outcome: Ineligible Keyword: IQ, age at time of examination, testing behavior, performance scores depressed Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Tim Sindelar Counsel present for DMR: John C. Geenty, Jr. Appellant present: Yes Hearing Officer decision on June 23,…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 21

DHCD
Includes all decisions made between November 22, 2006 and May 22, 2007.

DMR Eligibility Decison by H.O. Rosenberg 5 20 07

Rosenberg
Outcome: Ineligible Keyword: IQ Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: No Counsel present for DMR: John C. Geenty, Jr. Appellant present: Yes Hearing Officer decision on May 20, 2007 Appeal denied by Commissioner on June 6, 2007 Appellant is a 21 year old man who…

DMR Eligibility Decision by H.O. Hudgins 5 10 07

Marcia Hudgins
Outcome: ineligible Keyword: receptive aphasia, deafness Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Veronica Whelan Counsel present for DMR: Douglas White and Elise Kopley Hearing Officer decision: May 10, 2007 Appeal confirmed by Commissioner: May 18,…

BOR-106513

BOR (Board of Review)
Claimant was initially approved for Section 30 training benefits, but approval was later rescinded by the Training Opportunities Unit because the training program was not full-time.  R/E affirmed denial.  BOR reversed R/E, ruling that training program met regulatory requirement of "12 credits…

DMR Eligibility Decision by H.O. Rosenberg 4 23 07

Rosenberg
Outcome: Ineligible Keyword: IQ, academic abilities Hearing Officer: Deirdre Rosenberg Counsel present for Appellant: Paul L. Durkee Counsel present for DMR: John C. Geenty, Jr. Appellant present: No Hearing Officer decision on April 23, 2007 Appeal denied by Commissioner on May 16,…

BSEA 07-3824 Swansea Public Schools

William Crane Hearing Officer
The HO found a direct and substantial relationship between the student's disabilities (ADHD and ODD) and his threatening actions.  He decided that the student's actions were a manifestation of his disabilities.