complaint·April 7, 2023

Regarding the allegation: Staff handled resident in rough manner resulting in injury. Concerns were that a facility staff handled a resident in a rough manner resulting in injury. It was alleged that resident #1 (R1) was pushed to the ground by staff #1 (S1). Witness to the incident, Staff #2 (S2), indicated that as they were approaching R1’s room and they could hear that R1 and S1 were arguing. S2 observed that S1 was blocking R1 from exiting their room as R1 was allegedly trying to leave their room to look for their family member. R1’s family member was not present in the facility; this urge was generated by R1’s dementia. The resident became agitated and reportedly pushed S1 and then S1 became agitated with R1 and subsequently pushed them, resulting in R1 falling to the ground. As a result of the fall, R1 sustained a minor cut above the corner of their left eye. R1 has dementia, refused to be interviewed by LPA Walker and had no memory of the incident based on other interviews. Interviews revealed that Staff #3 (S3) arrived to help S2 after S1 had pushed R1, resulting in a fall. S3 stayed with R1 until paramedics arrived while S2 went to get the in touch with the Administrator. The Administrator contacted the police on the day of the incident, the police report indicated that R1 was upset due to a Dementia episode and pushed S1. S1 became upset and grabbed R1’s right arm and pushed R1 to the ground causing their head to bleed. Paramedics arrived and administered First Aid to R1 at the facility. The paramedics cleared R1 to remain at the facility as per R1’s request. Interviews with S2 confirmed that S1 had pushed R1 to the ground. S2 stated that when they asked S1 ‘why did you do that?, S1 denied that they knew what happened. The LPA’s interview with S1 did not confirm or deny the above allegation as they stated that they did not recall the incident. The Administrator conducted an investigation into the incident and indicated that S1 had recognized that R1 had fallen but claimed their mind had gone blank and did not provide further explanation to the administrator. The administrator further explained that S1 did not defend themselves against the allegation or say it was an accident and only continued to claim that their mind went blank. **Continued on LIC 9099-C** The administrators interview with S2 explains that S2 confirmed that they saw S1 shove R1. The Administrator interviewed R1; however, R1 was unable to recall the incident as they were diagnosed with Dementia. The LPA’s interview with the Administrator Dion Gallarza confirmed that S1 was sent home, suspended, pending an investigation, and ultimately terminated from their position with the belief that they did violate company policy 4.2 Standards of Conduct and 8.4 Policy against workplace violence by pushing R1 back after being pushed by R1, which resulted in R1 sustaining a fall. Based on the information obtained during the course of the investigation and interview conducted, it was confirmed that staff #1 (S1) did handle the resident roughly which resulted in an injury. Therefore, the allegation is deemed Substantiated at this time. Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiency was cited (refer to LIC 9099-D):