Scott v. Unemployment Compensation Board of Review
36 A.3d 643
| Pa. Commw. Ct. | 2012Background
- Claimant was employed as a CSR Tech II at Abington Memorial Hospital from Aug. 11, 1997, to Sept. 9, 2010.
- Employer policy required inspection of trays to ensure cleanliness before sterilization; unclean trays could harm patients.
- Claimant received verbal warnings about dirty trays prior to 2010 and a May 20, 2010 written warning for processing a tray with bio burden.
- On Aug. 12, 2010, a tray processed by Claimant was found to contain suture material and on Aug. 18, 2010 it was opened in the OR; Claimant was suspended Sept. 9, 2010 and later discharged.
- The Service Center denied benefits under 402(e) for willful misconduct; referee and Board affirmed; ultimately the Commonwealth Court affirmed the Board.
- Claimant appeals arguing lack of substantial evidence and misapplication of willful misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports willful misconduct finding | Scott argues evidence fails to show willful misconduct | Board/Employer shows repeated warnings and disregard for policy | Yes, willful misconduct established |
| Whether Board's findings support its willful misconduct conclusion | Scott claims poor performance not willful | Record shows repeated warnings and deliberate disregard | Yes, findings support willful misconduct |
Key Cases Cited
- Kelly v. Unemployment Compensation Board of Review, 747 A.2d 436 (Pa.Cmwlth.2000) (definition of willful misconduct includes disregard of employer's interests and duties)
- Gillins v. Unemployment Compensation Board of Review, 534 Pa. 590, 633 A.2d 1150 (1993) (employer bears burden to prove willful misconduct)
- Herndon v. Unemployment Compensation Board of Review, 115 Pa.Cmwlth. 419, 540 A.2d 633 (1988) (incompetence generally not willful misconduct; repeated warnings may render misconduct)
- Culbreath v. Unemployment Compensation Board of Review, 57 Pa.Cmwlth. 626, 426 A.2d 1267 (1981) (repeated poor performance can show willful misconduct)
- Sacks v. Unemployment Compensation Board of Review, 74 Pa.Cmwlth. 31, 459 A.2d 461 (1983) (continued poor performance after warnings supports willful misconduct)
- Cullison v. Unemployment Compensation Board of Review, 66 Pa.Cmwlth. 416, 444 A.2d 1330 (1982) (continued disregard of duties after warnings supports willful misconduct)
- Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977) (standard of review for Board findings; substantial evidence standard)
- Nolan v. Unemployment Compensation Board of Review, 57 Pa.Cmwlth. 186, 425 A.2d 1203 (1981) (willful misconduct question is a question of law)