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IN THE COMMONWEALTH COURT OF PENNSYLVANIA DEPARTMENT OF MILITARY AND : VETERAN AFFAIRS, : Petitioner : : v. : : CIVIL SERVICE COMMISSION : (KORENYI-BOTH), : Respondent : BEFORE:

No. 630 C.D. 1998 Argued: September 17, 1998

HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE CHARLES P. MIRARCHI, JR., Senior Judge

OPINION BY SENIOR JUDGE MIRARCHI

FILED: October 30, 1998

The Department of Military and Veterans Affairs (Department) petitions this Court to review an adjudication of the Pennsylvania Civil Service Commission (Commission) dated January 28, 1997. The Commission overruled the removal of Dr. Andras Korenyi-Both as a Management Physician 1 with the Department and reinstated his employment. We affirm. The Commission made the following findings of fact: Dr. KorenyiBoth was employed as a Management Physician 1 at the Southeastern Pennsylvania Veteran's Center (SEPVC) from 1993 to May 28, 1996, the day of his dismissal. Prior to his dismissal, Dr. Korenyi-Both attempted, on a number of occasions, to address with his immediate supervisor and the Commandant of SEPVC concerns about problems in the quality of care being provided to the

patients at SEPVC. Dr. Korenyi-Both's superiors, however, ignored his concerns and warnings. Thereafter, Dr. Korenyi-Both was charged by his immediate A predisciplinary

supervisor with allegations of poor work performance.

conference (PDC) was held at which Dr. Korenyi-Both was represented by three attorneys. During the PDC, the Chief Counsel for the Department provided Dr. Korenyi-Both with the medical records of seven patients. The allegations against Dr. Korenyi-Both were based upon care provided to these patients. The patients' names and their medical records were discussed at the PDC before Dr. KorenyiBoth's attorneys and others present. At the conclusion of the PDC, two significant things happened: (1) the Chief Counsel gave the medical records to Dr. KorenyiBoth, at the request of the doctor's attorneys, so that he could prepare a rebuttal to the charges, and (2) Dr. Korenyi-Both's attorneys approached the Chief Counsel informing him that Dr. Korenyi-Both had information concerning mismanagement at the facility and negligent care given to patients there. The Chief Counsel stated that he was very anxious to receive such information and that the attorneys should send any information they had to him directly. As a result of the PDC proceedings, however, Dr. Korenyi-Both was suspended for one day for failure to follow established procedures, negligence, and failure to obey superiors. Dr. KorenyiBoth appealed to the Commission. Before the Commission could review the

matter, however, the Department withdrew Dr. Korenyi-Both's suspension. Pursuant to the discussion between the Chief Counsel and Dr. Korenyi-Both's attorneys regarding mismanagement and negligence with patient care, Dr. Korenyi-Both drafted summaries of the medical records of forty-seven patients and forwarded to his attorneys copies of the records with his summaries to, in turn, give to the Chief Counsel. This information was directly mailed to the

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Chief Counsel. As a result of this information, the Chief Counsel launched an investigation that resulted in, among other things, the removal of Dr. KorenyiBoth's immediate supervisor as an attending physician at SEPVC. In fact, the Department's investigation into the matters Dr. Korenyi-Both raised in the patient summaries was described by the Department as aggressive. A second consequence came from Dr. Korenyi-Both's efforts, however. By letter dated May 28, 1996, Dr. Korenyi-Both was removed from his position as Management Physician 1, being charged with "poor work performance and violations of state code and statute concerning confidentiality of medical information." The latter charge stemmed from Dr. Korenyi-Both's release to his attorneys of the patient information to send to the Department for its investigation. Dr. Korenyi-Both appealed to the Commission. At a hearing before the

Commission, the Department, through its Chief Counsel, dropped all allegations of poor work performance, stipulating that Dr. Korenyi-Both is a "very fine physician." Commission's Adjudication, p. 9. The Department, however, continued to argue that Dr. Korenyi-Both had violated the confidentiality of patients' medical records by handing over to his attorneys the records of the forty-seven patients for delivery to the Chief Counsel. The Department cited violations of 49 Pa. Code

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