PA: was nurse terminated for good cause?: unemployment insurance benefits denied. (Legal Case Briefs for Nurses).
COURT'S OPINION: The Commonwealth Court of Pennsylvania reversed the judgment of the Board denying benefits. The court noted that Nurse Grysiak had submitted correspondence from Keystone Health Plan West (Keystone), which indicated that her employer had provided no coverage for her as provided for in her employment contract. The court noted that it appeared that the Board failed to consider Keystone's letter. The court held that the Board failed to make any specific findings about the documentary evidence from Keystone. Accordingly, the court ordered that the case be remanded back to the Board for consideration of that evidence. In unemployment compensation proceedings, the Board is the ultimate fact finding body empowered to determine the weight to be given to all evidence presented to it. Editor's Note: A dissenting opinion was fled by one justice on the grounds that there was no evidence indicating that Nurse Grysiak terminated her employment for reasons relating to the lack of insurance coverage. Apparently, the dissenting judge concluded that the issue relative to the failure of the employer to provide the insurance coverage required in accordance with the nurse's employment contract was not a factor in the nurse's termination and consequently, could not be utilized by her to justify her otherwise unfounded reason for terminating her employment contract. Insurance was not a factor according to the dissenting judge. Grysiak v. Unemployment Compensation Board, No.1452 C.D. 2002 (Pa.Commw. 02/07/2003)
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|Author:||Tammelleo, A. David|
|Publication:||Nursing Law's Regan Report|
|Date:||Mar 1, 2003|
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