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CHARLES K. GORBY v. COMMONWEALTH PENNSYLVANIA (03/05/81)

decided: March 5, 1981.

CHARLES K. GORBY, M.D., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, HAVERFORD STATE HOSPITAL, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Charles K. Gorby, M.D. v. Haverford State Hospital, Appeal No. 2571.

COUNSEL

Curtis P. Cheyney, III, Swartz, Campbell & Detweiler, for petitioner.

Stanley Slipakoff, Deputy Attorney General, for respondents.

Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 57 Pa. Commw. Page 313]

This is an appeal from an adjudication and order of the Pennsylvania State Civil Service Commission (Commission) sustaining in part and reversing in part the decision of the Department of Public Welfare (Department) to twice suspend and then to remove Petitioner from his position as Physician III, regular status and Assistant Hospital Director for Medical Services at Haverford State Hospital (Hospital).

The appeal arose out of three separate disciplinary actions initiated by the appointing authority's representative, the Hospital Director (Director). By letter

[ 57 Pa. Commw. Page 314]

    dated August 30, 1978 Petitioner was suspended for three days effective September 6, 1978 for insubordination in failing to comply with a directive to provide the Director with a plan to implement unit rounds by staff physicians under Petitioner's supervision. By letter dated October 30, 1978, Petitioner was suspended for five days effective November 1, 1978 for the same reason. By letter dated December 1, 1978, Petitioner was removed from his position effective November 30, 1978 for insubordination and abuse of sick time.

Upon appeal to the Commission and after four days of hearings, an order was issued which upheld the two suspensions, but which overruled the removal of Petitioner and ordered his reinstatement. The Commission declined to award back pay. This appeal followed.

If the Commission's findings are supported by evidence sufficient to convince a reasonable mind to a fair degree of certainty, we must accept the findings and we may not substitute our own judgment. McClelland v. State Civil Service Commission, 14 Pa. Commonwealth Ct. 339, 322 A.2d 133 (1974).

Petitioner's initial argument is that the Commission's finding of "good cause" for the suspensions pursuant to Section 803 of the Civil Service Act (Act), Act of August 5, 1941, P.L. 752, as amended, 71 P.S. ยง ...


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