This appeal arises out of the trial court’s reversal of a ruling entered by the State Personnel Board the board with regard to the dismissal of an employee of Southwestern State Hospital the hospital. Because we conclude that the trial court erroneously substituted its judgment for that of the board, we reverse. Gail Odom was employed as a health service technician by the hospital, a facility for psychiatric patients. Following an altercation with a patient, the Department of Human Resources DHR notified Odom that she would be dismissed. Odom appealed this decision, and a hearing was conducted before an administrative law judge with the Office of State Administrative Hearings. See OCGA § 45-20-9 a.
Odom testified that she informed a patient being admitted to the hospital that she needed to take the patient’s vital signs. The patient was uncooperative and told Odom, “You don’t tell me what to do.” Odom again explained to the patient that she needed to examine her, and the victim “began to curse and call Odom all kinds of names.” Odom advised the admitting physician that the patient was refusing the examination, and Odom then left the room. The physician apparently persuaded the patient to allow Odom to conduct the examination, and Odom returned to the room, propping the door open because she did not want to be alone with the patient. Odom testified that as she was turned toward the sink in the examination room and was donning rubber gloves, the patient was “constantly fussing,” cursing her, calling her names, and stating, “I’m not going to do nothing you say” and “You don’t tell me what to do.” According to Odom, the security guard on duty in the area came to the door when he heard the patient’s loud talking and asked her to quiet down.
