Legal Opinion · Concurrence

Department of Corrections, Sci-Camp Hill v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided February 28, 2007Published

1Concurrence

CONCURRING OPINION BY

Judge SIMPSON.

I entirely agree with the result and with the tenor of the majority opinion. I cannot, however, embrace the “higher standard of care” discussion employed by the majority.

There are a number of older Commonwealth Court cases stating that police officers and prison guards are held to a higher standard of care.1 Our Supreme Court, however, never adopted that standard. In fact, our Supreme Court recently rejected *321a higher standard of care approach to evaluating potential willful misconduct of a nurse. Navickas v. Unemployment Comp. Bd. of Review, 567 Pa. 298, 787…

2Cases cited3 opinions

  1. Navickas v. Unemployment Compensation Review BoardSupreme Court of Pennsylvania · 2001
  2. Lower Gwynedd Township v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  3. Williams v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1994

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