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KLEIN v. MO. DEPT. HEALTH & SENIOR SERVICES

No. SC 88138.

226 S.W.3d 162 (2007)

Alice Louise KLEIN, Respondent, v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, Appellant.

Supreme Court of Missouri, En Banc.

June 26, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Sharon K. Euler, Office of Atty. Gen., James R. Layton, State Solicitor, William S. Vanderpool, Asst. Atty. Gen., Jefferson City, for Appellant.

Daniel P. Card II, Benicia Baker-Livorsi, St. Charles, Kevin F. Hennessey, Chesterfield, for Respondent.

STEPHEN N. LIMBAUGH, JR., Judge.

Alice Klein, a nursing home employee, appeals the decision of the Missouri Department of Health and Senior Services (DHSS) placing her name on the employee disqualification list (EDL) under section 198.070, RSMo 2000, for "recklessly abusing" a nursing home resident. The Cooper County Circuit Court reversed the decision. After opinion by the Court of Appeals, Western District, this Court granted transfer. Mo. Const. art.V, sec. 10...

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