Court rules nurse pay plan proper

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruled today Indiana's restructured pay plan for nurses was rational and proper, reversing the judgment of the trial court.

In Madison State Hospital, Indiana Family & Social Services Administration, and State Personnel Department V. Karen L. Ferguson, 09A04-0703-CV-259, the Court of Appeals reversed the trial court's award of relief to Karen Ferguson. Ferguson, a Nurse Supervisor 5 at Madison State Hospital, and six other nurse supervisors, filed separate complaints with the State Employee Appeals Commission, arguing the 2000 pay scale for nurse supervisors and night nurses was improper because night nurses were being paid more despite the fact nurse supervisors would supervise them.

The pay range for nurse supervisors in 2000 was $43,316 to $60,320 and night nurses $49,036 to $65,356. The state had a difficult time attracting and retaining night nurses, so it increased their pay to more than what a nurse supervisor typically made.

The SEAC consolidated all the complaints and an administrative law judge ruled in favor of the nurse supervisors.

The state appealed, and the SEAC reversed the administrative law judge's ruling. The complainants sought judicial review of the SEAC ruling, and the trial court reversed the decision and remanded to the agency.

All the nurses settled with the state except Ferguson, who filed a second petition for judicial review in May 2006. Ferguson believed the SEAC erroneously found in the state's favor on remand. The trial court then ruled in her favor in January 2007 and again remanded to the SEAC. In February 2007, the state filed notice of its appeal of the trial court's ruling.

The Court of Appeals ruled even though nurse supervisors and night nurses are considered by the state in the same category, the state presented sufficient evidence to support its pay plan. The state collected data from national and local market surveys to determine how much to pay night nurses to work in Indiana. Turnover was not high for nurse supervisors, and even though they too received a raise with the revised pay scale, it was not as high as the pay for night nurses. The Court of Appeals decided the SEAC did not abuse its discretion or act arbitrarily by denying Ferguson's petition and agreed raising the salaries for night nurses above the nurse supervisor's pay is rational and appropriate for the state to do.

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.