Lancaster v. Black Mountain Center

323 S.E.2d 760, 72 N.C. App. 136, 1984 N.C. App. LEXIS 3992
CourtCourt of Appeals of North Carolina
DecidedDecember 28, 1984
DocketNo. 8328SC1218
StatusPublished
Cited by2 cases

This text of 323 S.E.2d 760 (Lancaster v. Black Mountain Center) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lancaster v. Black Mountain Center, 323 S.E.2d 760, 72 N.C. App. 136, 1984 N.C. App. LEXIS 3992 (N.C. Ct. App. 1984).

Opinion

JOHNSON, Judge.

Claimant was discharged from her employment as a health care technician with appellant Black Mountain Center (employer), an institution for severely mentally retarded individuals, on 17 December 1982 for alleged “gross personal misconduct.” In the letter of termination, the employer charged that claimant committed six incidents which were the cause of her discharge: (1) engaging in inappropriate verbalization to residents by saying to a resident: “Why are you living?” and “You should not have been born”; (2) attaching a paper with tape over the face of a resident; (3) drawing a circle in ink on a resident’s nose and placing a dot inside the circle; (4) pulling a headband over a resident’s face and placing the resident’s glasses over the headband; (5) spraying a resident in the face with water; and (6) handling residents roughly by jerking their limbs, shaking them, or slapping their faces.

Claimant applied for unemployment compensation. From the denial of her application on the ground that she was disqualified from receiving benefits due to work-related misconduct, she appealed to the appeals referee, who allowed her to recover. The employer appealed to the Commission, which reversed the appeals referee and denied her benefits. The Commission made the following pertinent findings of fact:

3. As to the six (6) alleged incidents [for which claimant was terminated]:
(i) The claimant admits saying “Why are you living?” but denies saying “You should not have been born.” It is found as fact that she did say “Why are you living?” to a resident or residents.
(ii) The claimant admits attaching a piece of paper with tape over the face of a resident, and it is found as fact she did.
(iii) The claimant admits drawing a circle in ink on a resident’s nose and placing a dot within the circle, and it is found as fact she did.
(iv) The claimant admits pulling a headband over a resident’s face and then putting the resident’s glasses over the headband, and it is found as fact she did.
[138]*138(v) The claimant admits spraying water in the face of a resident, while bathing the resident, and it is found as fact she did.
(vi) The claimant denies handling residents in a rough manner, no evidence was introduced to support that she did, and it is found as fact she did not.
4. As to incident (v) supra, the claimant’s action was, apparently, accidental while she was bathing a resident. As to incidents (i), (ii), (iii) and (iv), she gives as reasons that she was acting in jest, in play, or otherwise attempting to evoke responses from these residents, who have IQ’s of no more than six-month old children. She, however, admits to knowing, and it is found as fact, that each resident had a written treatment plan showing his specified needs and that none of her actions in incidents (i), (ii), (iii) or (iv) were contained as treatments in the treatment plans. Her actions were things she decided to do wilfully on her own.
5. The employer’s written policies and G.S. 122-55.1, et seq. are intended to ensure to the residents the right to dignity, privacy and humane care, and they prohibit physical and emotional abuse. Emotional abuse is defined in the policies as associated with acts of harrassment, teasing or other behaviors which belittle or “attack” the ego of the person and may cause or causes emotional harm. Emotional abuse also is defined in the policies as verbal abuse. The claimant knew or should have known of these policies, because she had been given training for her job.
6. The claimant did not have good cause for her admitted actions in incidents (i), (ii), (iii) and (iv).

Based upon these findings, the Commission concluded that claimant’s actions constituted misconduct disqualifying her from receiving unemployment benefits.

Claimant appealed to the Superior Court of Buncombe County which entered the following Order:

This matter was heard by the undersigned at the July 25, 1983 civil session of Superior Court for the county of Buncombe and reviewed as provided in G.S. § 96-15. The Court [139]*139having examined the record on appeal and reviewed the evidence finds and concludes:
1. That Commission finding 3 (i) is not supported by the evidence. Claimant was asked if she made such a statement to a specific patient. She denied this specifically, and the only testimony is that she does not deny because she cannot recall this statement. The employer failed to offer evidence to show where or when or under what circumstances such statement was made.
EXCEPTION NO. 1 of the Employer and the Employment Security Commission.
2. Commission finding 3 (ii). This finding is not supported by evidence. The claimant only admitted that she attached a piece of paper across the head of a patient to draw attention to her finding (sic); that she attached a paper “over the face” implies that she blinded the patient. This was not what the claimant admitted.
Exception No. 2 of the Employer and the Employment Security Commission.
3. Commission finding 3 (iii). This finding is supported by the evidence.
4. Commission finding 3 (iv). This is totally unsupported by the evidence. Claimant admitted putting a headband over the forehead of a patient where it was supposed to be and putting prescribed glasses on her nose where they were supposed to be. She specifically denies switching the headband with the glasses as implied in this finding. (See page 54 of the transcript.)
EXCEPTION NO. 3 of the Employer and the Employment Security Commission.
5. Commission finding 3 (v). This finding is supported by the evidence.
The Court concludes that the findings of fact which are supported by the evidence are insufficient to constitute “misconduct” because there was a total failure on the part of the employer to show the effect, if any, of the claimant’s actions, [140]*140and the evidence is insufficient to show that the employee wilfully disregarded the employer’s interest. Therefore, the employer did not meet its burden to show circumstances which disqualify this claimant from unemployment benefits.
EXCEPTION NO. 4 of the Employer and the Employment Security Commission.
Now, therefore, it is ordered, adjudged and decreed that the decision of the Employment Security Commission under docket 83(G)1423 is hereby reversed, and it is further ordered that the claimant is entitled to unemployment benefits as provided by law.

Appellants contend the Superior Court erred by making findings of fact in contradiction of the findings of fact made by the Commission. The law is settled that the jurisdiction of the Superior Court in reviewing a decision of the Commission is limited to determining whether there is evidence to support the Commission’s findings of fact and whether these findings so supported sustain the legal conclusions and the award. G.S. 96-15(i); In re Enoch, 36 N.C. App. 255, 243 S.E. 2d 388 (1978).

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Bluebook (online)
323 S.E.2d 760, 72 N.C. App. 136, 1984 N.C. App. LEXIS 3992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lancaster-v-black-mountain-center-ncctapp-1984.