CHARLESTON – The Chief Administrative Law Judge for the state’s Workers’ Compensation system has been suspended without pay and urged to resign.
A hearing regarding Rebecca A. Roush’s petition request for a public hearing on the matter is scheduled for March 1 in Kanawha Circuit Judge Carrie Webster’s courtroom.
Roush was appointed as Chief ALJ by former Gov. Earl Ray Tomblin, and reappointed by current Gov. Jim Justice last year to a four-year term.
According to her petition, Roush says she was asked to appear in the Office of the Insurance Commissioner Allen McVey on Dec. 22 and was told she didn’t need to bring counsel. Roush and the other judges of the Office of Judges are housed in the offices of the Insurance Commissioner.
Roush did bring attorney Richard Neely to the meeting, in which she was told she was “suspended without pay” and urged to resign.
“The Chief ALJ can be removed from office only by a vote of four out of five members of the Industrial Commission,” the petition states. “The earliest regular meeting of the Industrial Commission after Judge Roush’s illegal suspension was scheduled” for Jan. 18.
However, Neely couldn’t make that meeting because he was stuck at the airport in Charlotte. Also, the petition states the council did not have a procedure in place to handle this personnel matter.
The next scheduled meeting is March 8, and Roush has informed Jay Arcenaux, attorney for the council, she demands a public hearing rather than the closed hearing as is ordered by a resolution he drafted for the council.
“The council has refused petitioner an open hearing and intends to determine whether ‘cause’ exists for petitioner’s removal in a closed hearing with no court reporter and no press,” Roush’s petition states, adding that McVey has urged the council, which has accepted that the hearing be closed. “This is a flagrant violation of the West Virginia Open Meetings Act.”
Roush’ petition also says McVey doesn’t have authority to suspend Roush with or without pay. The council also has requested a formal opinion from the state Ethics Commission regarding Roush’s right to an open meeting.
According to court documents, two employees of the Office of Judges filed grievances against Roush relating to “debatable personnel matters,” and McVey says those grievances were resolved in favor of Roush. It also mentions an electronic message sent via Facebook to one of the grievants. Roush “adamantly denies” sending it. Roush also asked the State Police to look into the origin of the fraudulent message.
“The outrage here, however, is that the Commissioner has refused to share with Judge Roush the original electronic version of the offending e-mail,” the document states. “Judge Roush will be at a distinct disadvantage at the (March ) hearing because the Commissioner has refused to provide her with a screen shot or electronic version of the message.”
Neely also refers to McVey’s “real agenda.”
“There are two issues on which Judge Roush is a thorn in the Commissioner’s side,” the brief states. “First, the commissioner wants greater deference given to the insurance adjusters who determine the initial award to the claimant and the Commissioner wants less interference with employer ‘discretion.’
“Second, the Commissioner is incensed that Judge Roush wrote a memorandum outlining discrepancies in pay between male and female judges, which resulted in a suit for sex discrimination in federal court.”
The brief also says McVey’s Dec. 22 meeting to suspend Roush without pay was a bullying tactic.
“The agenda was to frighten Judge Roush into resigning,” the brief states. “In that meeting the Governor’s counsel, Brian Abraham, told Judge Roush that having a hearing before the council would ‘humiliate’ her and implied that Judge Roush’s professional reputation would be destroyed.”
The brief says “Roush has been very badly treated for no better reason than that she stood up against pressure from the insurance commissioner to sacrifice the rights and well-being of injured workers, defended her agency’s right to have adequate logistical support, and brought to the Commissioner’s attention prohibited sex discrimination.”
Roush seeks back pay, attorney fees of at least $17,760, court costs of at least $2,000 and other relief.
Kanawha Circuit Court case number 18-C-184
