Appeal from the Order of the Unemployment Compensation Board of Review in the case of Suzanne M. LaFramboise, No. B-259143.
Julianne M. Keri, for petitioner.
Gary L. Kelley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.
Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 117 Pa. Commw. Page 416]
Suzanne M. LaFramboise (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) denying her benefits on the grounds that she was discharged for willful misconduct.*fn1
Claimant, a licensed practical nurse (L.P.N.) was employed as a charge nurse with Beverly Enterprises (Employer). Employer owns Meyersdale Manor, a health care facility for the elderly. On October 7, 1987, Claimant was assigned to the third floor at Meyersdale Manor for the 11:00 p.m. to 7:00 a.m. shift. Claimant was responsible for monitoring the condition of various residents, including Edna Fullem. During her shift, Claimant charted the fact that Edna Fullem complained of extreme stabbing pain on her right side and shortness of breath. Claimant further charted two instances of the resident coughing up a small amount of bright red mucus.
Claimant admitted she was aware of the Employer's policy that any change in a patient's condition is to be reported to either the doctor or the registered nurse on duty. If in doubt as to whether a patient was experiencing a change in condition, Claimant was to report or contact the registered nurse on duty.*fn2 The Employer's policy concerning reporting changes in a patient's condition was outlined in Claimant's job description in the Employer's Personnel Policies and Procedures.
Claimant conferred with two other L.P.N.s on October 7, 1986, concerning Edna Fullem's condition but did not attempt to contact the doctor or the registered
[ 117 Pa. Commw. Page 417]
nurse on call. The L.P.N. charge nurse, who came on duty the following shift, reported the same symptoms to the registered nurse who immediately called the physician. The patient was sent to the hospital that day for tests.
Claimant had received a written warning on March 11, 1986, for unsafe work habits when she failed to notify a doctor of a change in his patient. The written warning which Claimant received stated that whenever a patient experienced a change in condition, the physician must be notified. Claimant was discharged as a result of the prior warning and her failure to notify the patient's physician or the registered nurse on call of the change in Edna Fullem's condition on October 7, 1986.*fn3
Claimant contends that her conduct on October 7, 1986, does not amount to willful misconduct as a matter of law and that several of the Board's findings are not supported by substantial evidence. Pursuant to Section 704 of the Administrative Agency Law, 2 Pa. C. S. § 704, our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law has been committed, or any necessary findings of fact are not supported by ...