Missoula veteran’s case allowed to proceed

07/03/2014 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release)

Virginia – An Iraq war veteran’s case against a psychologist with the Department of Veterans Affairs has been allowed to move forward following a state hearings officer’s decision. As reported by the Missoulian, Gregory Hanchett of the Office of Administrative Hearings at the Department of Labor and Industry, denied the request to dismiss the case that is expected to be heard mid-July.

The request for a dismissal in the case was filed by Assistant U.S. Attorney Victoria Francis on behalf of VA psychologist Robert Bateen. A Board of Psychologists’ screening panel’s findings last year stated that there was reasonable cause to determine that during Bateen’s examination of retired U.S. Army Capt. Charles Gatlin in 2011, “unreasonable risk of mental harm and financial loss” was caused.

David Scrimm, chief administrative law judge with the Office of Administrative Hearings, is quoted as stating of the recent decision in the hearing, “Hanchett found there are factual disputes that still exist, therefore summary judgment would not be appropriate…But Hanchett also found that he didn’t have jurisdiction to determine if federal law pre-empted state law.”

This report is provided by Justice News Flash – Virginia Legal News

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