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Beckwith-Adams v. State5/2/2000
Sciences were found to be non-accredited, independent studies institutions, and no credence was given to their degrees by the Tennessee Department of Environment and Conservation.
By letter dated the 14th day of July, 1997 Richard W. Beckwith-Adams was informed that he had misrepresented his educational background when he indicated he held a bachelor's degree in business/general engineering from the University of Omaha in February, 1992 and April, 1992 on his application for state employment. He was reminded that by his signature he certified that the information contained in the application was correct and that he acknowledged that any falsification would result in dismissal. The letter stated that the information available indicated that Mr. Beckwith-Adams did not meet the minimum qualifications for a position as environmental protection specialist and that falsification of official state documents relating to employment were cause for dismissal from state service. He was advised that before a decision of dismissal would be made that he had the opportunity to rebut the allegations and to present any information at a pre-decision, due process meeting.
On July 22, 1997 a pre-decision discussion was conducted by conference call by agreement. Mr. Richie Patton of the Tennessee State Employees Association was present at the request of Richard Beckwith-Adams. Based upon all information presented, including testimony, documents, transcripts and acknowledgment by Mr. Beckwith-Adams that he did not in 1992, and did not on July 22, 1997 have the required college degree, Richard W. Beckwith-Adams was dismissed from state service due to his failure to meet the minimum qualifications of the position for which he was hired.
The action by the Department of Environment and Conservation did not preclude application by Richard W. Beckwith-Adams for positions for which he was qualified.
On or about September 8, 1997 Richard W. Beckwith-Adams, claimant, filed an accident report for stress-related health problems claiming that stress came from two areas of his employment (1) his termination and (2) a great deal of stress for 5½ years in the job . The Division of Claims Administration through its claims adjustor, Sedgwick James, denied the claim and advised claimant that he had the right to file an appeal to the Tennessee Claims Commission within 90 days.
Claimant filed Notice of Appeal from Denial of Claim by the Division of Claims Administration on December 16, 1997 stating:
Applicant was put on administrative leave so as to determine if disabled applicant was qualified to do an environmental specialist III job that the State Personnel Dept. Rating Section had so rated and hired claimant on 5/92. This action caused applicant/claimant too much stress and caused diabetes and depression to the extent that the applicant is unable to do more than light duty for which job search for the last two months has proved that employers will not hire a one-eyed applicant/claimant thus if applicant is truly unqualified as per this dismissal then he worked under a great deal of stress for 5 ½ years with the defendant and that stress is what caused the loss of one eye 3+ years ago due to shingles caused by stress, and caused loss of ½ of 2nd eye since this erroneous layoff/administrative leave causing depression and diabetes on top of existing back injury (from Army) as this person was hired by State of Tennessee as handicapped veteran.
Discovery was conducted by Claimant and by the State of Tennessee, defendant. The deposition of claimant was taken by defendant.
The State of Tennessee filed a motion for summary judgment on the workers' compensation
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