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Beckwith-Adams v. State

5/2/2000

Claims Commission for Middle Divison No. 97005468


JUDGMENT


This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.


Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and


It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.


Costs will be paid by appellant, for which execution may issue if necessary.


IT IS SO ORDERED.


MEMORANDUM OPINION


Mailed March 22, 2000


AFFIRMED


Tom E. Gray, Special Judge


MEMORANDUM OPINION


This Workers' Compensation Appeal has been referred to the Special Workers' Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated ยง 50-6-225(e)(3) for a hearing and reporting of findings of fact and conclusions of law.


The Tennessee Claims Commission granted the motion for summary judgment filed by the State of Tennessee. The Claims Commission found that the Workers' Compensation Claim should be denied because it did not allege a compensable accident. In addition, the Claims Commission denied plaintiff/appellant's motion to amend the claim to include retaliatory discharge for attempting to file a Workers' Compensation claim in 1995 and a motion to amend the claim to include allegations of wrongful discharge, ADA violations, and violation of the whistle blower's act.


For reasons stated below the Claims Commission's dismissal is affirmed.


Richard W. Beckwith-Adams filed an application for state employment on February 3, 1992; on April 10, 1992 he again signed the application stating all information was true.


An impressive resume' was submitted in support of the application for state employment, and Richard W. Beckwith-Adams stated in writing that he held a bachelor's degree (BGE) in business/general engineering from the University of Omaha (now University of Nebraska at Omaha). He was given employment on May 11, 1992 as environmental engineer now titled environmental protection specialist with the division of air pollution control in the Tennessee Department of Environment and Conservation.


In June, 1997 Mr. Beckwith-Adams was asked by his department to resubmit proof of his educational qualifications. He provided in response to the request a copy of a Bachelor of Science Degree in Environmental Studies awarded January 8, 1995 from Atlantic Union College. He also submitted a Master of Science degree dated January 5, 1995, from Columbia Southern University and a Doctor of Science Degree in Environmental Engineering dated August 10, 1994 from the University of Environmental Science.


On or about June 26, 1997 Mr. Beckwith-Adams met with his supervisors, and he was placed on administrative leave pending determination if Mr. Beckwith-Adams possessed the minimum qualifications for the position of an environmental protection specialist. The meeting was conducted in a professional and collegial manner. Mr. Beckwith-Adams was allowed input; no one raised his voice. Several professionally conducted teleconferences followed the June 26, 1997 meeting.


It was determined that Richard W. Beckwith-Adams did not hold a general engineering degree from the University of Omaha. Columbia Southern University and the University of Environmental

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