Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Laverne WRIGHT, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 1996, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was discharged from her employment as a licensed practical nurse following two incidents involving patients under her care. The Unemployment Insurance Appeal Board denied claimant's application for benefits on the ground that she had engaged in disqualifying misconduct. We affirm. The incidents in question occurred when claimant, in derogation of the employer's procedures, failed to verify that a patient's feeding tube had been properly inserted, resulting in the patient being transferred to the Intensive Care Unit. Claimant also failed to monitor a patient's intravenous line every two hours, during which time the intravenous line dislodged, resulting in the patient incurring a substantial loss of blood and requiring a transfusion. Under these circumstances, we conclude that substantial evidence supports the Board's decision, particularly inasmuch as claimant's conduct was clearly adverse to the employer's best interest and jeopardized the safety of the patients. Claimant's testimony to the contrary merely presented a credibility issue, which the Board was free to resolve against her (see, Matter of Dennis [Westgate Nursing Home-Sweeney], 233 A.D.2d 730, 650 N.Y.S.2d 1009, lv. denied 89 N.Y.2d 811, 657 N.Y.S.2d 403, 679 N.E.2d 642). Claimant's remaining contentions have been reviewed and found to be unpersuasive.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 09, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)