88 Pa. Commw. 399 | Pa. Commw. Ct. | 1985
Opinion by
Brenda J. Myers (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming the referee’s decision which found Claimant ineligible for unemployment compensation benefits on the grounds of willful misconduct under Section 402(e) of the Unemployment Compensation Law.
The facts, as found by the referee and adopted by the Board, are not in dispute. Claimant was last employed by Lutheran Social Services (Employer) as a nurse at the York Lutheran Home (Home) from September 21, 1981 to August 28, 1982. On August 28, Claimant administered medication to a resident of the
The referee concluded that Claimant’s violation of this known policy of the Employer constitutes willful misconduct. The Board affirmed. On appeal, Claimant argues that her admitted violation of the Employer’s policy was inadvertent and, as such, does not constitute willful misconduct.
The employer bears the burden of proving willful misconduct in an unemployment compensation case.
Whether specific conduct rises to the level of willful misconduct is a question of law, and subject to our reviéw. Gilbert v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 446, 431 A.2d 1151 (1981). The Pennsylvania Supreme Court has defined the term “willful misconduct” as:
An act of wanton or willful disregard of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.
Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 83-84, 351 A.2d 631, 632 (1976). Where the violation of an employer’s rule is involved, the employer must prove both the existence of the rule and the fact of its violation. Doyle v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 494, 426 A.2d 756 (1981). And where an employee attempts to justify the violation, he has the burden of proving good cause. Partsch v. Unemployment Compensation Board of Review, 64 Pa. Commonwealth Ct. 293, 439 A.2d 1331 (1982).
Here, Claimant admits the existence of the Employer’s policy and the fact of its violation. She
Moreover, this Court has refused to extend the inadvertence exception to rule violations by health care professionals. See Philadelphia Geriatric Center v. Unemployment Compensation Board of Review, 46 Pa. Commonwealth Ct. 357, 406 A.2d 1177 (1979). In Philadelphia Geriatric we stated:
a hospital may rightfully expect its employees to carry out their duties, and has recognized the need of health care professionals to be able to rely upon the record of medications and treatments administered to each patient. Performing prescribed treatments and correctly marking treatment charts are vital components of a nurse’s obligation to her employer and to her patients. Any failure to perform those functions is a sufficiently serious offense to*404 constitute willful misconduct. (Citations omitted¡)
Id. at 362, 406 A.2d at 1179-1180.
Accordingly, we believe the Board was correct in concluding that Claimant’s conduct constituted willful misconduct.
The Board’s order is affirmed.
Order
And Now, March 27, 1985, the order of the Unemployment Compensation Board of Review, decision No. B-216300, dated March 28, 1983, is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e).
The resident suffered no serious side-effects as a result of the double dosage.
Claimant testified that had she cheeked the resident’s chart, she would not have administered the medication.
Claimant testified that at the time she administered the medication to the resident, she may have been “busy” or it may have been “time to go off duty”.