As previously discussed, Susan's retention as occupational therapist at Towne Manor West militates against an inference of age discrimination. at 106:20-107:14; Davis Dep. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Co. v. Evans , 166 F.3d 139, 15354 (3d Cir. Jury trial is scheduled for 4/1/2024 if it gets that far. There are also inconsistencies in Davis's testimony about who was involved in the decision to retain Urbanski over Hartman. 20CV002240, is currently pending in the Monterey County Superior Court of the State of California. at 50:6-8; Davis Dep. Select decided to implement a company-wide reduction-in-force in anticipation of the PDPM system. at 68:6-15. You are not alone if you suffered to work without pay working for Select Rehab. 2:20-CV-11450 | 2020-12-18, U.S. District Courts | Intellectual Property | This is a sub for practicing physical therapists to discuss cases, research, old and new tricks, or other therapy-relevant topics. at 16:19-18:3, 66:6-19. It can satisfy its burden by "introducing evidence which, taken as true, would permit the conclusion that there was a non-discriminatory reason for the unfavorable employment decision." Hartman claims that while working for Accomplish and later Select, she was the backup Program Manager for Towne Manor East when Macalis was unable to attend a meeting. Tr. Hartman referred to the role as "Director of Rehabilitation." Thus, we shall deny Select's motion for summary judgment. Dist. 1995). R. CIV. Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC. On 03/22/2021 Nikolay Nisimov filed a Civil Right - Employment Discrimination lawsuit against Select Rehabilitation, LLC. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | Will be used in accordance with our terms of service & privacy policy. Mandel v. M & Q Packaging Corp. , 706 F.3d 157, 170 (3d Cir. She asked Serene if she could remain in a full-time position with a pay cut. Secure .gov websites use HTTPS Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477). Id. She was qualified for her position as an occupational therapist. Feldman Legal Group Shakes Up the Therapy Industry Against Two of the Docket(#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), Docket(#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. 2d 547, 558 (E.D. 27), it is ORDERED that the motion is DENIED . McLaughlin, Vanderveen and Lembke explain that the company knows that the job of a program manager cannot be performed within 40 hours in a week, but that the company warned them against reporting or claiming their overtime hours but unlawfully encouraged, pressured and permitted them to work off the clock without pay, including on weekends, and pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. Granting Application of Non-Resident Attorney Robert Smeltzer to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel #23 . Tr. McLaughlin, Vanderveen and Lembke are now joined in this case by 44 other present and former Select Rehab Program Managers and Therapists who also claim to have been forced to suffer similarly working many hours of overtime off the clock without being paid for this time as required by state and Federal overtime wage laws, such as the FLSA. Mike, a physical therapist in his mid-thirties, and Kendra, a PTA who is 30, were terminated. InterVest, Inc. v. Bloomberg, L.P. , 340 F.3d 144, 159-60 (3d Cir. To prepare for the transition to the new PDPM system on October 1, 2019, Davis and Serene met with the staffs at Towne Manor East and Towne Manor West in the summer of 2019. Hartman claims Select's decision was motivated by her age. at 9; Davis Dep. Additionally, although Davis claimed "clinical performance" was a factor, there is no evidence to suggest Hartman's clinical performance was any different than Urbanski's. She also worked at two nearby facilities, Towne Manor West and Silver Lake. at 16:20-21, 17:16-21. (lh) (Entered: 03/23/2021), CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Nikolay Nisimov, upon Defendant Select Rehabilitation, LLC served on 2/19/2021, answer due 3/12/2021. Id. See In re CitX Corp. , 448 F.3d 672, 680 (3d Cir. The final burden of production "merges with the ultimate burden of persuading [the jury] that [he] has been the victim of intentional discrimination." (Cabrera, Krista) (Entered: 03/22/2021), Docket(#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. Hartman, Shiney and Susan are all in the protected class. Rehab Center Loses Computer Fraud Claim in Ex-Employee Lawsuit Tr. At 27 years old, Urbanski, the only similarly situated employee who assumed some of Hartman's duties, was sufficiently younger than Hartman. at 73:20-74:9. Tr. Tr. In 2019, Medicare introduced changes to its regulatory model. Progress notes summarize the patient's progress over the past few weeks, whereas daily notes summarize the therapy services the patient received on a given day. They considered each employee's leadership skills, clinical performance and documentation. Case activity for Select Rehabilitation, LLC vs Erik D. Painter on (Cabrera, Krista) (Entered: 03/22/2021), (#1) NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV05917 Receipt No: ACACDC-30960825 - Fee: $402, filed by Defendant SELECT REHABILITATION, LLC. The Judges overseeing this case are Harvey E. Schlesinger and Joel B. Toomey. Serene is based in upstate Pennsylvania; and Davis, in Jupiter, Florida. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Davis was not aware that employees sometimes referred to Hartman as Assistant Director of Rehabilitation. A plaintiff can meet her burden by producing evidence from which a factfinder could conclude that the adverse employment action was more likely than not the result of discrimination. Select Medical Corporation was the prior parent company of SMRS, while Encore GC Acquisition LLC is the successor-in-interest to SMRS. In making their decision to reduce therapists at each location sometime before the changes went into effect on October 1, 2019, Davis and Serene looked at the needs of each facility. Id. Settlement Conference Deadline 12/3/2021. 2d (BNA) 152: January 2013. 1 at 9:15-16, 10:14-18 (ECF No. (gk) (Entered: 04/16/2021), (#25) Corrected APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC (Pro Hac Vice Fee - $500 Previously Paid on 4/8/2021, Receipt No. 2:16-cv-03569 (D.N.J.). Urbanski did not recall Select giving its staff any PDPM education. Change lives. If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful. Select Rehabilitation insights Based on 661 survey responses What people like Feeling of personal appreciation Plaintiff Lembke, a former PT alleges that while required by SELECT REHAB to treat patients and bill 8 hours per day, and hit 95% productivity quota, he had to spend numerous hours inputting data, his notes and satisfy reporting requirements which forced her to work more than 40 hours routinely and off the clock, and with the knowledge of the PM and others, and thus the company. The Clermont-Auvergne-Rhne-Alpes Centre brings together the units located in the Auvergne region, from Bourbonnais to Aurillac via Clermont-Ferrand, with 14 research units and 14 experimental facilities, representing 840 staff (permanent and contractual staff). Select Rehabilitation, Inc., et al., Civil Action No. Davis, Serene's supervisor based in Florida, knew nothing of an offer. at 10-11. Select eliminated one of two occupational therapist positions at its Towne Manor East facility as part of a reduction-in-force and terminated Hartman while retaining a significantly younger occupational therapist for the remaining full-time position. The San Francisco employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, Blumenthal Nordrehaug Bhowmik De Blouw LLP. There will be no prejudice to Select. at 16:24-17:14. This case was filed in U.S. District Courts, Florida Middle District Court. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. MEMORANDUM CAPUTO, District Judge. The employees who were retained with pay cuts were Jennie, a physical therapist in her mid to late thirties, Kate, a PTA in her late thirties, Judy, a COTA in her fifties, and Susan, an occupational therapist in her late fifties. Contract rehabilitation therapy companies, like other health care providers, will be held accountable if they knowingly provide patients with unnecessary services that waste taxpayer dollars., Skilled nursing facility residents and their families must be assured that the care and therapy that residents receive is based on medical need, not greed, said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. Id. She was 50 years old. See also Healy v. New York Life Ins. Select's contention that Davis did not know their relative ages is disingenuous. Eastern District of Pennsylvania | Montgomery County Skilled Nursing Id. New comments cannot be posted and votes cannot be cast. Macalis and Serene also observe the therapists during sessions with patients and pass on their evaluations of the therapists' performance to higher level management. To support its claim that age was not a factor, Select contends it retained employees of Hartman's age and older while reducing others under 40 years old. LIFT. TELL US ABOUT YOUR EXPERIENCE WITH SELECT REHAB. Susan's retention as a full-time occupational therapist at Towne Manor West may militate against an inference of age discrimination. (gk) (Entered: 04/20/2021), (#27) ORDER by Judge Stanley Blumenfeld, Jr. Original Summons NOT returned. Retaliation Against Employees Who Speak Out: Not only did Select Rehabilitation and Reliant Rehab possibly force employees to work unpaid overtime, they may have retaliated when workers complained as well. Under the burden-shifting McDonnell Douglas analysis, Hartman must first establish a prima facie case of discrimination based on her age. Davis also claimed Hartman's documentation contained vague and subjective measurements for a patient's goal regarding grip strength. ), filed by KATHERINE HARTMAN. Select furloughed Mike, a physical therapist, and Kendra, a PTA, who are both in their thirties. Was this review helpful? 1992) ). Serene reported to Kelli Davis, the divisional vice president overseeing 52 facilities serviced by Select in Pennsylvania, Massachusetts and Florida. 2548, 91 L.Ed.2d 265 (1986). (mrgo) (Entered: 04/22/2021), (#29) ORDER by Judge Stanley Blumenfeld, Jr. See also Daniels v. Sch. Hartman and Urbanski were the only full-time occupational therapists at Towne Manor East. Status Report due by 12/14/2021. Genesis Healthcare Inc. Agrees to Pay Federal Government $53.6 Million Contract Rehabilitation Therapy Providers Agree to Pay $8.4 Million to INRAE center Lyon-Grenoble Auvergne-Rhne-Alpes O'Connor v. Consol. at 147:12-21, 149:22-23, 150:15-151:11. (emphasis in original). See also Washco v. Federal Express Corp. , 402 F. Supp. Hartman also worked as an occupational therapist at Suburban Woods. Judgment will be entered against a party who fails to sufficiently establish any element essential to that party's case and who bears the ultimate burden of proof at trial. (DELGAIZO, CHRISTOPHER) Related: [-] Att: 1 Civil Cover Sheet, Att: 2 Designation Form, Att: 3 Case Management Track Form service Summons Issued Mon 04/13 11: . Select Rehabilitation has an overall rating of 2.6 out of 5, based on over 947 reviews left anonymously by employees. at 11:22-12:5; Davis Dep. On the other hand, Mike, Judy and Kendra are not similarly situated. (Cabrera, Krista) (Entered: 03/22/2021), (#2) CIVIL COVER SHEET filed by Defendant SELECT REHABILITATION, LLC. Although Select does not conduct formal performance reviews of its therapists, it completes quarterly audits of their documentation to ensure they are meeting standards. According to Davis, in reviewing progress notes, she found that Hartman's documentation contained inconsistencies regarding one patient's activity tolerance level, another's mobility and another's dressing goal. 3:19-CV-01637 | 2019-08-29, U.S. District Courts | Labor | The case status is Pending - Other Pending. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Towne Manor East reduced its occupational therapy team from two full-time employees Urbanski and Hartman to one full-time employee and one half-time employee Urbanski and Macalis. Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP, MONTEREY, Calif. (PRWEB) Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. Select argues that it offered Hartman employment in Florida and she rejected it, demonstrating that Hartman did not suffer an adverse employment action. Was this review helpful? at 38:14-17. Tr. at 67:14-15. The work of the Program Manager is well known by Select Rehab to work on the weekends handling scheduling and staffing as well as to be always on call for other staff. All current/former Select Rehabilitation employees who worked off the clock at least 1 week in the past 3 years are eligible to join. As a result, Select decided to reduce staff at some of its facilities. 2003) ; and revoking a person's office, dismissing her secretary, and assigning her less work, Durham Life Ins. This case was filed in U.S. District Courts, Arkansas Eastern District. at 72:9-16; Hartman Dep. Though Macalis is an occupational therapist by training, she is the Program Manager who oversaw Hartman and Urbanski. In any event, if an offer was made, there is no evidence that the alternative Florida position was comparable to Hartman's previous position. De Blouw today by calling (800) 568-8020. The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. Select Rehabilitation offers superior clinical care, innovative approaches, state-of-the-art and proprietary technology, training and education, custom reporting, compliance tracking and monitoring, PDPM expertise and more. at 71:20; Pl. Select Rehabilitation | Contract Therapy Solutions Hartman's duties were divided among Urbanski, Macalis and the COTAs. Id. 's Ex. Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. Tr. Cardenas v. Massey , 269 F.3d 251, 263 (3d Cir. Tr. This press release was issued through 24-7PressRelease.com. HARTMAN v. SELECT REHABILITATION, LLC Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. at 79:23-81:19. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. PRNs receive no benefits, no health insurance, no routine schedule and no guaranteed minimum hours. Urbanski Dep. at 123:5-23. (Cabrera, Krista) (Entered: 03/23/2021), (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. 2:20-CV-06442 | 2020-07-20, U.S. District Courts | Civil Right | at 85:14-20. According to Davis, Niketa Patel was the backup Program Manager at Towne Manor East in 2019, and Urbanski became the backup Program Manager in January 2020. When Urbanski started with Select, she split her time between Towne Manor East and another facility, Suburban Woods. 2008) (internal quotation marks omitted) (quoting Tex. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), Docket(#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), Docket(#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. Courts "look to the job function, level of supervisory responsibility and salary, as well as other factors relevant to the particular workplace." The defendant's burden is "relatively light." We will hold all health care providers who violate the False Claims Act responsible for their actions., Sticking taxpayers with a hefty bill for unnecessary health care services will never be tolerated, said Special Agent in Charge Scott J. Lampert of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). , 964 F.2d 577, 583 (6th Cir. Her hourly rate is $38. at 62:13-18. Doe v. C.A.R.S. Rail Corp. , 297 F.3d 242, 249-50 (3d Cir. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 1996) (citation omitted). Though Macalis was a manager, the PDPM system reduced her administrative burdens, enabling her to conduct more patient treatment. Jury Trial set for 3/1/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Select Rehab lawsuit regarding working off the clock and owed wages (Found on Geriatric Therapy Group on FB). 's Mot. Nevertheless, the two occupational therapists that were reduced to part-time work through Select's reduction-in-force, Hartman and Shiney, are both members of the protected class, supporting an inference of discrimination. Concurrent treatment is expected everyday and you're repeatedly "talked" to if you don't do it daily. Jury Demanded, filed by Plaintiff Nikolay Nisimov. PRNs do not receive health insurance. Urbanski Dep. Select Rehabilitation and Reliant Rehab may have violated state and federal overtime laws by not paying employees for all hours they worked. She graduated from Temple University with bachelor of science and master's degrees in occupational therapy earlier that year. sites in 46 states across the nation and growing. Id. The affiant must set forth specific facts that reveal a genuine issue of material fact. See FED. The complaint further alleges Select Rehabilitation, LLC committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. at 112:12-24, 115:10-18, 116:19-117:3. In others, she only listed codes instead of describing the skilled services she provided. Davis Dep. No appearance is required. 1999) (quoting Sempier v. Johnson & Higgins , 45 F.3d 724, 729 (3d Cir. From 1997 through March 31, 2016, SMRS offered contract rehabilitation therapy services to SNFs across the country. Hartman Dep. 118:6-14; Davis Dep. Compl. Tr. 1998) ). If you are not a licensed PT or currently under the care of a PT please do not post here. Davis admitted that Select did not conduct performance reviews. After speaking with Serene, Hartman learned that although some staff at the Towne Manor facilities were eliminated or reduced to part-time work, others were retained with a pay cut. Tr. Discharge summaries discuss the patient's progress towards their goals and include a discharge recommendation. Performance Rating Act - 5 USC 4303, Nikolay Nisimov v. Select Rehabilitation, LLC et al, (#34) PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr) (Entered: 04/30/2021), (#33) MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 6/28/2021 are dismissed by operation of this Order and without further notice. (vcr) TEXT ONLY ENTRY (Entered: 04/26/2021), (#31) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Select Rehabilitation, LLC.. (Cabrera, Krista) (Entered: 04/22/2021), (#30) ORDER by Judge Stanley Blumenfeld, Jr: granting #25 Non-Resident Attorney Kristen W. Roberts APPLICATION to Appear Pro Hac Vice on behalf of defendant Select Rehabilitation, LLC, designating Kristina M. Fernandez Mabrie as local counsel. at 75:11-17. Same complaints from multiple facilities in our area. By accepting our use of cookies, your data will be aggregated with all other user data. The Centre is part of a particularly dynamic ecosystem, within the second French . at 50:24-51:12; Davis Dep. The lawsuit alleges that the companies sometimes fired or demoted employees who sought full pay for the overtime hours they worked. Three other Towne Manor staff members suffered adverse employment actions. The case status is Pending - Other Pending. Pa. 2005) ("[A] plaintiff can survive summary judgment without alleging a reduction in pay or benefits, provided that the plaintiff alleges other facts demonstrating that the transfer was in some way adverse"). Consequently, there is insufficient information necessary to inform whether the offer was a lateral transfer or a materially different job assignment. at 21:14-19. Id. Gen. Assur. Final Pretrial Conference and Hearing on Motions in Limine set for 2/11/2022 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 6/28/2021. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/23/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 03/23/2021), CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Select Rehabilitation, LLC. Tr. at 51:22-52:2; Davis Dep. Susan's continued employment does not necessarily rule out that Urbanski was chosen to remain over Hartman because of her age. Bus. See document for further details. Id. Their direct supervisor was Heather Macalis, a licensed occupational therapist and the Program Manager at Towne Manor East. Copyright 2022 The Select Rehab employee class overtime wage information site - All Rights Reserved. The age difference must be enough for a fact-finder to reasonably conclude that the employment decision was based on age. at 61:22-62:7, 153:16-21; Hartman Dep. Id. Certified Occupational Therapy Assistants ("COTAs") are qualified to complete daily notes, but only occupational therapists can complete the other documents. We're the nation's trusted leader in contract therapy services. , 808 F.3d 638, 644 (3d Cir. Diane Walker, Walker Morton LLP, Chicago, IL, Stanley B. Cheiken, Huntingdon Valley, PA, for Select Rehabilitation, LLC. Cases involving employment discrimination (gender, age, religion, etc. at 146:17-23. 21) ("Hartman Deposition Transcript"). See document for further details. Davis stated that Urbanski's documentation was more thorough and detailed. The determination of whether a prima facie case has been established is, under most circumstances, a question of law for the court. Pa.). Although Davis testified in detail about purported deficiencies in Hartman's documentation compared to Urbanski's, it is for the jury to compare Urbanski's documentation with Hartman's and decide if Urbanski's was superior and whether the evidence suggests Select's reasons for eliminating Hartman's position are pretextual. Although Hartman's hourly rate was higher than Urbanski's and she did not possess a master's degree, Davis testified that hourly rate and education were not factors in their decision. 30% of employees would recommend working at Select Rehabilitation to a friend and 30% have a positive outlook for the business. (gk) (Entered: 04/20/2021), (#26) MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Kristen W. Roberts to Appear Pro Hac Vice on behalf of Defendant Select Rehabilitation, LLC filed by Defendant Select Rehabilitation, LLC #22 , without prejudice to refiling in compliance with the Notice of Deficiency in Electronically Filed Pro Hac Vice Application #24 . (lh) (Entered: 03/23/2021), Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. Would rather shovel dog dirt for a living than work for this company again. As occupational therapists, Hartman and Urbanski were required to complete and submit treatment documentation to Casamba. By law, all hourly paid employees are entitled to overtime pay at no less than time and a half of the employee's regular rate of pay. Because Hartman is proceeding under a pretext theory and does not present any "direct evidence" of discrimination, her claims are governed by the burden-shifting McDonnell Douglas analysis. Looking at the similarly situated employees, Select's decisions regarding whom to reduce and whom to retain could support a finding of bias favoring younger workers. ), Filed By Select Rehabilitation, Llc. The CEUs are only through their website, not reimbursed for any course. 2017) (citing Burlington Indus., Inc. v. Ellerth , 524 U.S. 742, 761, 118 S.Ct. Change the course of yours. This case was filed in U.S. District Courts, California Central District Court. Tr. Davis disputed that Hartman was the backup Program Manager after Select acquired Accomplish in 2016. (citations omitted). & Prof. Code 17200, et seq. Public Records Policy. at 68:16-69:9; Davis Dep. In re CitX Corp. , 448 F.3d at 680 (citing 10A Charles Alan Wright et al., Fed. Our responsive, hands-on local management is backed by our regional and national support and extensive corporate resources. A party moving for summary judgment may use depositions and affidavits or declarations to show a fact is not genuinely disputed, and a party opposing the motion may also rely on them to demonstrate that a fact is disputed. Although Davis claimed that leadership potential, clinical performance and documentation "weighed equally" in Select's decision, she stated that the decision was based "primarily" on documentation.
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