Were Syneks procedural due process rights violated by the Departments procedures?
In the course of Synek’s employment with the Professional Nursing Personnel Pool, she suffered two accidents in 1980. In October 1980, she sustained cervical, lumbar and knee injuries. A few months later, she injured her upper back, left shoulder, arm and wrist. The State Compensation Insurance Fund (State Fund) is Professional Nursing Personnel Pool’s workers’ compensation insurer. Synek sought treatment for her injuries from Dr. J.L. Cromwell (Cromwell), a chiropractor. In 1984, Cromwell sold his practice to Dr. Karlene Berish (Berish), who continued treating Synek. The State Fund paid for Synek’s chiropractic treatments. In correspondence with the State Fund regarding Synek’s condition in 1987, Berish stated that she was treating Synek on a “patient need basis … for relief of pain associated with flare-ups due to a very unstable lower back.” She further indicated that Synek’s condition “continues to deteriorate” and that she was providing Synek with “palliative care … so that [S
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