Arbster v. Unemployment Compensation Board of Review

690 A.2d 805, 1997 Pa. Commw. LEXIS 97, 1997 WL 104522
CourtCommonwealth Court of Pennsylvania
DecidedMarch 3, 1997
DocketNo. 2803 C.D. 1996
StatusPublished
Cited by10 cases

This text of 690 A.2d 805 (Arbster v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arbster v. Unemployment Compensation Board of Review, 690 A.2d 805, 1997 Pa. Commw. LEXIS 97, 1997 WL 104522 (Pa. Ct. App. 1997).

Opinion

OPINION

PELLEGRINI, Judge.

Jeanne M. Arbster (Claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board) denying [807]*807her benefits under Section 402(e) of the Unemployment Compensation Law (Law).1

Claimant was employed as a registered nurse for Forbes Health System (Employer). On March 16, 1996, Claimant’s mother was admitted to Forbes Regional Hospital for treatment of a broken leg, broken collar bone and head injuries she sustained in a fall. Claimant’s mother had asked Claimant to choose a physician for the treatment of her injuries and gave Claimant permission to assume an active part in the provision of her care while at the hospital. Claimant was not assigned to provide direct care to her mother as part of her employment, and instead, Claimant provided that care when she was off-duty. Additionally, Claimant was informed of her mother’s condition, including the results of various medical tests, by her mother’s treating physician and had reviewed her mother’s medical charts with the treating physician on several occasions.

On four occasions during March, 1996, Claimant accessed information regarding her mother’s medical charts, vital signs and test results through Employer’s computer system. After Claimant sought to discuss the test results with her mother’s treating physician, the treating physician notified Employer that Claimant was accessing confidential information from its computers. After verifying that Claimant had done so, Employer discharged her on April 14, 1996. Claimant subsequently applied for unemployment compensation benefits which were initially denied by the Office of Employment Security, following which Claimant appealed to the Referee.

Before the Referee, Employer introduced the testimony of Rebecca Trumble, its director of personnel services, who was involved in the decision to terminate Claimant’s employment. Ms. Trumble testified that Employer has a strict policy regarding the access of confidential information on its computers. She explained that, under Employer’s policy, employees may only access patient information on Employer’s computer for patients under their care or only as required to perform their duties. Ms. Trumble stated that Employer’s policy is set forth in several documents, including its human resources policy and procedure manual, which is made available to all employees at any time, and its employee manual that each employee receives and for which Claimant signed the acknowledgement page stating that she read and understood the manual. Additionally, Ms. Trumble testified that Claimant attended at least one educational class provided by Employer during which its confidentiality policy was discussed and the employees were informed that computer information regarding family members and their own personal information could not be accessed via the computer. Ms. Trumble also testified that the employee manual sets forth Employer’s discipline policy which, although providing for progressive discipline, expressly states that a violation of Employer’s confidentiality and unauthorized access of information policy would be grounds for immediate discharge. Ms. Trumble stated that several employees had been discharged for unauthorized access of computer information of either themselves or a family member.

Ms. Trumble also explained the reasoning behind Employer’s confidentiality policy, stating that, with a large amount of information, Employer must ensure that confidential information is not accessed by someone that the patient does not want to obtain that information. She stated that Employer is never sure whether a patient wishes to have all of his or her medical information known by family members, and therefore, Employer has instituted its stringent policy to ensure that there is no unauthorized release of information. Ms. Trumble further explained that Employer’s policy applies only to computerized information and that Claimant could have accessed her mother’s written medical records had she obtained written authorization from her mother. Ms. Trumble testified that, although the information contained in [808]*808the written medical records is identical to that on the computer, a patient can never authorize the release of his or her computer files; those files are to be used solely for the performance of an employee’s job and not to review family members’ medical records.

Claimant testified as to the circumstances leading up to her discharge, státing that her mother had asked her to choose a physician and to regulate her care while hospitalized with Employer.2 Claimant explained that she had been very involved with her mother’s ease because she had observed deficiencies in the care provided to her mother. In fact, Claimant testified, she had reviewed all of her mother’s medical charts with the treating physician and was fully informed of her mother’s medical condition. Claimant admitted to accessing her mother’s computerized records on four occasions to obtain information regarding the medicine that she was receiving and her blood pressure. Although she did not have written permission from her mother to access her computer records, and while she was aware of Employer’s confidentiality policy, Claimant testified that she thought that the policy did not apply to family members because other employees allegedly had accessed the computers for that information in the past. Additionally, Claimant explained, she did not believe that she could be discharged for a single violation of the policy because Employer followed a progressive disciplinary procedure.

At the conclusion of the hearings, the Referee determined that Employer faded to prove that Claimant had engaged in willful misconduct. Citing to the facts that Claimant had access to her mother’s medical records with her mother’s permission and that the information contained in the computer records was no different than those medical records, the Referee determined that Claimant’s conduct was, at most, poor judgment and not willful misconduct. Employer appealed to the Board which found that Claimant violated Employer’s policy regarding the unauthorized access of computer information. Additionally, the Board found that Claimant was aware of Employer’s policy, knew of the possible discipline that would follow a violation of that policy, and did not need to access her mother’s medical records in order to perform her duties. Concluding that, because Claimant’s violation of Employer’s rule occurred with respect to her mother did not provide Claimant with good cause for doing so, the Board denied her benefits. Claimant now appeals to this Court.3

Claimant first contends that the Board erred in determining that she had engaged in willful misconduct by violating Employer’s policy regarding confidential computer records because confidentiality is not a concern in the present ease. Claimant argues that, because she had her mother’s permission to access her medical records, confidentiality was no longer a concern and Employer had no interest that needed to be protected by its confidentiality policy. Because she would-not have acted adversely to Employer’s interests, Claimant contends that she could not have engaged in willful misconduct.

Despite Claimant’s argument, however, the Board did not deny her benefits on the basis that her actions were contrary to Employer’s interest. Rather, benefits were denied on the basis that Claimant violated Employer’s policy regarding confidentiality and unauthorized access of computer records.

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Bluebook (online)
690 A.2d 805, 1997 Pa. Commw. LEXIS 97, 1997 WL 104522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arbster-v-unemployment-compensation-board-of-review-pacommwct-1997.