Experience, expertise and common sense.
I’m Going to Need Your License, Registration and Proof Your Bills are Compensable; When Supervision of Adults is Not Personal Care
The opinion from Life Skills reiterates several important principles. First, statements of witnesses are not dispositive in statutory interpretation and application. Fact specific analysis beats testimony ever time. Second, Nationwide’s counsel’s imprecise use of the applicable statutory language critically crippled any opportunity to rely upon the witness testimony on appeal. Third, Nationwide’s examination of the applicable statutory scheme was so narrow, it failed to address alternative statutory exceptions. The irony is that the testimony Nationwide was so reliant upon is almost a word-for-word recitation of the statutory definition of “supervision.” This appears to be a great example of when knowing a little about something, when an adult care facility needs to be licensed, versus knowing a lot, when an adult care facility does not need to be licensed, is dangerous.
The Court of Appeals’ decision in Life Skills is unpublished and, therefore, not binding precedent under the doctrine of stare decisis. However, its lessons are sure to influence trial court opinions and decisions regarding license and statutory interpretation of the same.
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