FORKEY & KIRSCH, P. A., APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, STATE OF FLORIDA, AND PAULETTE RICH, APPELLEES
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The Unemployment Appeals Commission (UAC) erred in reversing the appeals referee's decision because the referee's findings were supported by substantial competent evidence.
A former employer sought review of a UAC order reversing an appeals referee's decision. The referee found the employee left employment without good ca…
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PER CURIAM.
A former employer seeks review of an order of the Unemployment Appeals Commission (UAC) which reversed the decision of an unemployment compensation appeals referee. The appeals referee had found the former employee left her employment without good cause attributable to her employer and, therefore, was disqualified from receiving unemployment benefits. § 443.-06(1), Fla.Stat. (1979). In reversing the decision of the appeals referee, the UAC found that the record revealed that the claimant had good cause attributable to her employer to leave her employment. It is our conclusion that the UAC erred in reversing the findings of the appeals referee.
While the UAC has the authority, pursuant to Section 443.07(4)(c), Florida Statutes (1979), to “... reverse the findings and conclusions of the appeals referee,” it can do so only where there is no substantial competent evidence to support the referee’s determination. David Clark & Associates, Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980); Catholic Social Services v. State Department of Commerce, Board of Review, 365 So. 2d 427 (Fla. 1st DCA 1978). The UAC cannot re weigh evidence or reverse a referee when his decision is based on substantial competent evidence. Citrus Central v. Detwiler, 368 So. 2d 81 (Fla. 4th DCA 1979); Taylor v. State Dept. of Labor and Employment Security, 383 So. 2d 1126 (Fla. 3d DCA 1980); McCray v. Dept. of Health and Rehabilitative Services, 384 So. 2d 980 (Fla. 3d DCA 1980); David Clark & Associates, Inc. v. Kennedy, supra.
We find the decision of the appeals referee was supported by substantial competent evidence, and must be upheld. The decision of the Unemployment Appeals Commission is reversed and the cause is remanded with instructions to reinstate the referee’s decision.
REVERSED AND REMANDED.
MOORE and GLICKSTEIN, JJ„ and OWEN, WILLIAM C., Jr. (Retired), Associate Judge, concur.
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Roman v. Unemployment Appeals Comm'n & Aldrich Party Rental, Inc., 711 So. 2d 93 (Fla. 4th DCA 1998)…proceeding is the trier of fact, and he or she is privileged to weigh and reject conflicting evidence. See David Clark & Assoc., Inc. v. Kennedy, 390 So. 2d 149, 151 (Fla. 1st DCA 1980); see also Forkey & Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4th DCA 1981). Whether “good cause” exists frequently involves a mixed question of law and fact. See Amato v. State, Unemployment Appeals Comm’n, 648 So. 2d 284, 285 (Fla. 4th DCA 1995); Poppe v. Eclectic Business Machines, Inc., 661 So. 2d 6…
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Smith v. Fla. Unemployment Appeals Comm'n & DGP Invs., Inc., 588 So. 2d 324 (Fla. 4th DCA 1991)…ree’s conclusion that appellant was terminated at the earlier date. The U.A.C. cannot reweigh the evidence or reverse the referee when her decision is based on substantial competent evidence. See Forkey & Kirsch, P.A. v. Unemployment Appeals Comm’n, 407 So. 2d 319 (Fla. 4th DCA 1981) and Citrus Central v. Detwiler, 368 So. 2d 81 (Fla. 4th DCA 1979). We therefore reverse and remand with instructions to reinstate the appeals referee’s decision. DOWNEY, LETTS and WARNER, JJ., concur.…
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Orange Bank v. Unemployment Appeals Comm'n & Janice S. Sloan, 611 So. 2d 107 (Fla. 5th DCA 1992)…6); Lake County Sheriffs Department v. Unemployment Appeals Commission, 478 So. 2d 880 (Fla. 5th DCA 1985); Verner v. State Unemployment Appeals Commission, 474 So. 2d 909 (Fla. 2d DCA 1985); Forkey & Kirsch, P.A. v. Unemployment Appeals Commission, 407 So. 2d 319 (Fla. 4th DCA 1981); David Clark & Associates, Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980); § 443.151(4)(c), Fla.Stat. (1991). The referee found that Sloan was discharged not because she continued complaining about the work load, but becaus…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- David Clark & Assocs., Inc. v. Lowell E. Kennedy, Jr., 390 So. 2d 149 (Fla. 1st DCA 1980)
- John v. Smith and Lucy L. Smith, 368 So. 2d 81 (Fla. 4th DCA 1979)
- McCRAY v. Dep't OF Health & Rehabilitative Servs. of the State of Fla., 384 So. 2d 980 (Fla. 3d DCA 1980)
- Catholic Soc. Servs. v. State of Fla. Dep't OF Commerce, 365 So. 2d 427 (Fla. 1st DCA 1978)
- Taylor v. State, 383 So. 2d 1126 (Fla. 3d DCA 1980)