Opinion

Navickas v. Unemployment Compensation Review Board

  • 567 Pa. 298
  • 787 A.2d 284
  • 2001 Pa. LEXIS 2773
Court
Supreme Court of Pennsylvania
Filed
Dec 31, 2001
Status
Published
Author
Nigro
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Saylor, Newman, Nigeo
Cited by
74 cases
Authority
More cited than 10.2%

holding that the Unemployment Compensation Act sets forth a single governing standard of willful misconduct and rejecting idea that a higher standard may apply based upon the type or nature of the employment involved

How later courts described this case

  • holding that the Unemployment Compensation Act sets forth a single governing standard of willful misconduct and rejecting idea that a higher standard may apply based upon the type or nature of the employment involved
  • stating whether activity constitutes willful misconduct is a question of law subject to plenary review
  • rejecting the application of a higher standard of care for 11 health care workers in a determination of whether a claimant’s conduct amounts to willful misconduct under the Law
  • a higher standard of care applies to health care workers and, therefore, where the inadvertent failure of a phlebotomist to label a patient’s blood sample in accordance with hospital procedure constituted willful misconduct

Written by the judges who cited it.

The opinion

*310 NIGRO, Justice,

ConcuiTing.

I agree with the majority that the Commonwealth Court improperly set a higher standard of care for nurses than for other types of employees under § 402 of the Unemployment Compensation Law. However, although not applicable in the instant case, I believe that if an employee commits a series of errors, even if unintentional, those multiple errors may support the conclusion that the employee is guilty of willful misconduct under § 402. See Myers v. Unemployment Compensation Board of Review, 533 Pa. 373 , 625 A.2d 622, 630 (1993) (Zappala, J., dissenting).

ZAPPALA, Justice, joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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