Capitol Alert

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California pays for years-old chiropractic board whistleblower case

07/18/2014 1:50 PM

07/18/2014 1:52 PM

Four years after a Sacramento jury found a Board of Chiropractic Examiners supervisor liable in retaliating against an employee and more than a decade after the case first went to court, Gov. Jerry Brown announced Friday he has signed legislation authorizing payment of a $2.7 million judgment in the matter.

Former chiropractic board office assistant Carole Arbuckle claimed in a whistle-blower lawsuit in 2003 that she was demoted and pushed from her job from reporting a chiropractic license had lapsed on a former board member.

The 3rd District Court of Appeal initially barred Arbuckle from suing under the California Whistleblower Protection Act, saying she failed to exhaust her administrative and judicial remedies. But the California Supreme Court reversed the lower court’s decision in 2009, reviving the case.

The following year, a Sacramento jury sided with Arbuckle. Finding that her boss, Kim Smith, acted with malice, a Sacramento Superior Court jury awarded Arbuckle about $1.2 million in economic and non-economic damages and $7,500 in punitive damages. According to a legislative analysis, the state was later ordered to pay more than $900,000 in attorney fees, plus costs and interest.

The legislation signed Friday resolving the case was a formality, one of several bills signed annually for legal settlements.

Capitol Alert staff

Amy Chance
Political editor
achance@sacbee.com
@Amy_Chance

Dan Smith
Capitol bureau chief
smith@sacbee.com
@DanielSnowSmith

Jim Miller
California policy and politics
Capitol Alert editor
jmiller@sacbee.com
@jimmiller2

David Siders
Brown administration
dsiders@sacbee.com
@davidsiders

Christopher Cadelago
California politics and health care
ccadelago@sacbee.com
@ccadelago

Laurel Rosenhall
Legislature, lobbying, higher education
lrosenhall@sacbee.com
@LaurelRosenhall

Jeremy B. White
Legislature
jwhite@sacbee.com
@capitolalert

Alexei Koseff
Insider Edition editor
akoseff@sacbee.com
@akoseff

 

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