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SYLVIA DRAYTON v. COMMONWEALTH PENNSYLVANIA (09/24/81)

decided: September 24, 1981.

SYLVIA DRAYTON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. CHILDREN'S HOSPITAL OF PHILADELPHIA, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Sylvia Drayton, No. B-187588.

COUNSEL

Andrew F. Erba, for petitioner.

Alan D. Berkowitz, with him Mari M. Gursky, Dechert, Price & Rhoads, for intervenor.

No appearance for respondent.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 62 Pa. Commw. Page 52]

Sylvia Drayton seeks review of a decision of the Unemployment Compensation Board of Review denying her claim for benefits on the grounds that her dismissal from a position as a respiratory therapist technician at the Children's Hospital of Philadelphia was on account of her willful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law, 43 P.S. ยง 802(e).

The Board found that the claimant had committed a number of infractions of the rules and policies governing her employment. The claimant contends that these findings are supported only by incompetent evidence consisting of hearsay testimony of her supervisor, Mr. Tridico, which was objected to at the hearing. On the contrary, the Board's findings rest on written disciplinary records which were made promptly upon report of the incidents described, and were offered and admitted into evidence after authentication by their custodian, Mr. Tridico. Such business records are excepted from hearsay objection. Siler v. City of Harrisburg, 54 Pa. Commonwealth Ct. 303, 422 A.2d 704 (1981); Dudley v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 186, 387 A.2d 996 (1978). Moreover, the two most serious incidents relied on by the Board are adequately supported by competent record evidence and these incidents alone constitute disqualifying willful misconduct. Therefore, we affirm.

Specifically, the Board found that

4. On January 18, 1980 the claimant failed to notify her department head of an urgent medical problem. The claimant had been informed that it was important that she notify this individual of the need for cultures to be taken because of a contagious disease but the claimant failed to do so. The claimant did not possess

[ 62 Pa. Commw. Page 53]

    good cause for this failure, and she received an oral warning as a result.

This finding is supported by the testimony of Mr. Tridico who, after describing the incident, which involved the claimant's failure to notify her superior of control measures recommended by an infection control nurse with regard to a possible meningitis outbreak, testified as follows:

Q. Now as a result of the 1/18/80 incident, did the claimant make any admissions, denial, or give you ...


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