Liliana Yearns

Court lacks legal authority to compel EPD to refer untimely hearing request

Direct Appeal

Two individuals filed a Petition for Direct Appeal, arguing that the Environmental Protection Division (EPD) failed to refer their joint hearing request to this Court for adjudication.  The individuals sought to challenge the EPD’s approval of another person’s requested stream buffer variance.  The EPD, in turn, argued that it was not required to refer untimely […]

Court lacks legal authority to compel EPD to refer untimely hearing request Read More

Agency can recoup food stamps from the entire household based on a single member’s trafficking violation

Public Assistance

In this matter, an individual appealed the reduction of food stamp benefits for his household.  The benefits had been reduced because the agency was recouping overpayments from the time the individual had been illegally trafficking food stamps.  The individual conceded that he had been disqualified from the program due to the trafficking, but that the

Agency can recoup food stamps from the entire household based on a single member’s trafficking violation Read More

Diagnoses of ADHD and schizophrenia do not qualify as “closely related conditions” under NOW/COMP

Medicaid Eligibility

The Court denied an applicant’s request for benefits under Medicaid’s New Options Waiver/Comprehensive Supports Waiver Program (NOW/COMP) because he did not meet the criteria of having an intellectual disability or a closely related condition. Although the applicant had been diagnosed with ADHD and schizophrenia before the age of 22, a “closely related condition” under NOW/COMP

Diagnoses of ADHD and schizophrenia do not qualify as “closely related conditions” under NOW/COMP Read More

Nurse’s refusal to examine inmate deemed a failure to meet minimal standard of care

Professional Licensing

A Georgia nurse was placed on probation for one year after failing to perform anything more than a visual assessment on an inmate who was having trouble breathing while under her care and eventually died. Although the nurse was operating under the belief that the patient was detoxing from drugs and did not face any

Nurse’s refusal to examine inmate deemed a failure to meet minimal standard of care Read More

Court cites absence of physician-patient relationship in rejecting Board’s attempt to sanction license

Professional Licensing

Although the Georgia Composite Medical Board sought to sanction a pediatrician’s medical license, the Court reversed this attempt in part because there was no evidence that a physician-patient relationship had formed between the doctor and one of the complaining parties.  The Court further concluded the Board failed to present sufficient evidence on the remaining claims. 

Court cites absence of physician-patient relationship in rejecting Board’s attempt to sanction license Read More

Economic damages from public employee’s theft can include salary earned on days crimes were committed

Employment

This matter involved a determination of the economic damages a municipal employee was liable for after committing theft-by-taking crimes related to his work.  The Court rejected the agency’s proposal that a portion of the damages should equal the employee’s salary during the seven-month period in which the two thefts occurred.  The Court instead concluded that

Economic damages from public employee’s theft can include salary earned on days crimes were committed Read More

Scroll to Top