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Navickas v. Unemployment Compensation Board of Review

The Commonwealth Court erred in adopting a higher standard of care for health care workers under which any act of negligence or inadvertence would be deemed willful misconduct, rendering the employee ineligible from receiving unemployment compensation benefits; because the referee's finding that the appellant, a nurse, did not engage in willful misconduct is supported by substantial evidence, the order granting benefits to appellant is reinstated.

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ARGUED: January 29, 2001

OPINION OF THE COURT

In this unemployment compensation matter, the Commonwealth Court determined that nurses “are held to a higher standard of care” than most other employees and, therefore, a nurse’s inadvertent or non-intentional mistake constitutes “willful misconduct” under � 402 of the Unemployment Compensation Law, which renders the nurse ineligible for unemployment compensation. See 43 P.S. � 802(e). This Court granted review to examine the propriety of the Commonwealth Court’s fashioning of a “higher standard” for certain workers in construing the Unemployment Compensation Act. For the reasons set forth below, we hold that the Commonwealth Court erred in fashioning a “higher standard” than is set forth in the Act itself. Accordingly, we reverse. *fn1

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