STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VIRGINIA RYAN, )

)

Petitioner, )

)

vs. ) CASE NO. 80-592

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on June 12, 1980, in Miami, Florida.

APPEARANCES

For Petitioner: Ms. Virginia Ryan

685 Northeast 64th Street Miami, Florida 33138

For Respondent: Morton Lightner, Esquire

District 11 Legal Counsel Department of Health and

Rehabilitative Services

401 Northwest 2nd Avenue, Room 1040 Miami, Florida 33128

ISSUE

At issue herein is whether or not the Petitioner is entitled to continue receiving vocational rehabilitation benefits.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the arguments of the parties and the entire record compiled herein, the following relevant facts are found.

1. Ms. Virginia Ryan, Petitioner, has been a client in the Vocational Rehabilitation program since September of 1978. Pursuant to an administrative review by her counselor and specialist assigned to the Vocational Rehabilitation program, Petitioner was advised on February 1, 1980, that she was being terminated from the Vocational Rehabilitation program for the following reasons:

   
   

   1. Petitioner's case had been active since September, 1978, without accomplishment vocationally.

   2. Vocational Rehabilitation services had expended approximately Two Thousand ($2,000.00) Dollars to rehabilitate Petitioner, with no visible results from such expenditures.

      
      

   3. Work evaluation reports completed for Petitioner at Jackson Memorial Hospital Rehabilitation Center indicate that Petitioner was not trainable or employable.

      
      

   4. Petitioner's participation in two vocational training sessions were without success.

      
      

   5. Counselors for vocational rehabilitative services who had serviced and counseled Petitioner concluded, based on the foregoing, that further expenditure of Federal funds would not result in any gainful employment for Petitioner.

      
      

2. Petitioner charges that her counselor, Mrs. Harriet B. Weaver, was unprofessional and had sabotaged her training program at Charron Williams Vocational Center; had practiced reverse discrimination with respect to her counseling and efforts to rehabilitate her vocationally; was incompetent to carry out any program to rehabilitate her and had sabotaged her efforts to obtain services through a dental program.

   
   

3. Harriet Weaver, a Vocational Rehabilitation counselor since approximately January of 1976, was assigned to service Petitioner during approximately April of 1979. Mrs. Weaver examined Petitioner's medical history file and accepted her as an orthopedic disability client. (Respondent's Composite Exhibit 1.) During the period April, 1979, through February, 1980, Mrs. Weaver assigned Petitioner to approximately four dentists and enrolled her in the rehabilitation program at Charron Williams Vocational School. During this period, Mrs. Weaver also obligated the Vocational Rehabilitation program to defray lodging expenses for Petitioner at the Cadillac Hotel in the amount of approximately Two Hundred ($200.00) Dollars.

   
   

4. The evidence also reveals that the program expended approximately Eight Hundred Seventy-seven ($877.00) Dollars to Petitioner in taxi fares, of which approximately 70 percent represented unauthorized fares for taxicab services. Evidence also reveals that Petitioner has repeatedly appeared late for scheduled appointments with dentists, doctors, therapists, and for that matter, she arrived at the subject hearing approximately thirty (30) minutes late, with no explanation for her lateness. Doctors Wainger and Rudman determined that Petitioner was not employable and would not benefit from vocational rehabilitative training so long as her present attitude continued.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chanter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 413, Florida Statutes, and Rule Chapter 10G-1, Florida Administrative Code.

8. Section 413.30, Florida Statutes, sets forth the criteria of eligibility for vocational rehabilitation. An examination of that criteria reveals that vocational rehabilitative services may be provided to any disabled individual: (a) whose vocational rehabilitation, the Department. . .determines after full investigation, can be satisfactorily achieved; or (b) who is eligible therefor under the terms of an agreement with another state or with the Federal Government. Eligibility as used refers to a certification that a physical or mental disability is present; a substantial handicap to employment exists; and vocational rehabilitative services may reasonably be expected to render the individual fit to engage in a gainful occupation.

   
   

9. By examining the above criteria, it is evident that Petitioner's rehabilitation will not be satisfactorily achieved based on her past enrollment in the program for more than two years. Additionally, based on Petitioner's attitude and enrollment in the rehabilitation programs at Jackson Memorial and Charron Williams Vocational School, it is doubtful that vocational rehabilitation services will render her fit to engage in a gainful occupation as is required pursuant to Section 413.30(1)(c), Florida Statutes. Based thereon, it is concluded that Petitioner was properly terminated from the rehabilitation program on February 1, 1980, pursuant to the guides of Chapter 10G-1.16, Florida Administrative Code.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent's termination of Petitioner from the Vocational Rehabilitation program be UPHELD.

RECOMMENDED this 21st day of July, 1980, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st Day of July, 1980.

COPIES FURNISHED:

Ms. Virginia Ryan

685 Northeast 64th Street Miami, Florida 33138

Morton Lightner, Esquire District 11 Legal Counsel Department of Health and

Rehabilitative Services

401 Northwest 2nd Avenue, Room 1040 Miami, Florida 33128

Alvin J. Taylor, Secretary Department of Health and

Rehabilitative Services 1321 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 80-000592

Orders for Case No: 80-000592