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DEPT. OF CORRECTIONS v. BD. OF REVIEW

943 A.2d 1011 (2008)

DEPARTMENT OF CORRECTIONS, SCI-Camp Hill, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 6, 2008.

Attorney(s) appearing for the Case

Michael J. McGovern, Asst. Counsel, Camp Hill, for petitioner.

Beth S. Harris, Asst. Counsel and Gerard M. MacKarevich, Deputy Chief Counsel, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

This case is before us on remand from our Supreme Court. We are again called upon to determine whether a corrections officer's fear of retaliation constitutes good cause for his failure to report and intervene in an assault on an inmate orchestrated by a fellow corrections officer. In particular, we are to review this case in light of the Supreme Court's decisions in Grieb v. Unemployment Compensation Board of Review, 573 Pa. 594,...

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