DANIEL KACSIR, APPELLANT,
v.
STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION AND PACIFIC INTERMOUNTAIN EXPRESS COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the hearing officer's findings were supported by competent, substantial evidence, and thus the order denying unemployment benefits is affirmed.
Daniel Kacsir resigned from his job and sought unemployment benefits, claiming he quit for good cause due to reduced pay and misrepresented duration. …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credibility Determinations cases and more on FLexlaw
BASKIN, Judge.
Daniel Kacsir appeals an order of the Unemployment Appeals Commission which affirmed the decision of the appeals referee finding Kacsir ineligible to receive unemployment benefits from May 4, 1983, the date of his resignation, to July 12,1983, the date of a company merger. On appeal, Kacsir asserts that he quit his job for good cause: the company substantially reduced his pay and misrepresented the duration of his position. § 443.101(l)(a), Fla.Stat. (1981).
A reviewing court may not overturn a hearing officer’s findings of fact when those findings are supported by competent, substantial record evidence. See Fort Myers Pump & Supply, Inc. v. Florida Department of Labor & Employment Security, Division of Employment Security, 373 So. 2d 429 (Fla. 2d DCA 1979). In this case, the record supports the hearing officer’s findings that Kacsir could have continued to work from May 4, 1983, to July 12, 1983. In his original appeal of the claims adjuster’s decision, Kacsir listed six “company” reasons and four “personal” reasons for quitting. A transcript of the telephone hearing conducted by the appeals referee reveals that Ed Aumer, Kacsir’s employment supervisor, testified that Kac-sir told him he wanted to return to the midwest in April, rather than in July, because the employment opportunities were greater in April. Kacsir admitted that this was a factor in his resignation. Thus, the hearing officer could have concluded that Kacsir resigned for reasons other than those advanced in this appeal.
Conflicts in the testimony presented questions of credibility to be determined by the fact-finder, here the appeals referee. See Florida State Board of Dental Examiners v. Feinglass, 166 So. 2d 686 (Fla. 3d DCA), cert. dismissed, 168 So. 2d 146 (Fla.1964). Finding that the order appealed is supported by competent, substantial evidence, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Scholastic Book Fairs, Inc. v. Unemployment Appeals Comm'n, 671 So. 2d 287 (Fla. 5th DCA 1996)…l as the Commission, must accept those findings unless they are not based on competent substantial evidence. Smith v. Krugman-Kadi, 547 So. 2d 677 (Fla. 1st DCA 1989), rev. denied, 558 So. 2d 20 (Fla.1990); Kacsir v. Unemployment Appeals Commission, 456 So. 2d 528, 529 (Fla. 3d DCA 1984). In this case, the employer’s testimony consisted largely of Smith’s supervisor’s account of what others had told him. The supervisor did paint a picture of Smith as wrongfully trying to obtain a lap-top computer without his…
-
SUN State Servs., Inc. v. Fla. Unemployment Appeals Comm'n & Lucille A. Leonard, 503 So. 2d 373 (Fla. 1st DCA 1987)…l Company, Inc. v. Florida Unemployment Appeals Commission, 494 So. 2d 268 (Fla. 2d DCA 1986); Department of Air Force v. State Unemployment Appeals Commission, 486 So. 2d 632 (Fla. 1st DCA 1986); and Kacsir v. State Unemployment Appeals Commission, 456 So. 2d 528 (Fla. 3d DCA 1984). See also Baptist Medical Center v. Stolte, 475 So. 2d 959 (Fla. 1st DCA 1985). REVERSED. JOANOS and BARFIELD, JJ., concur.…
-
Narbona v. Fla. Unemployment Appeals Comm'n & Garrison Protective Servs. of Fla., Inc., 851 So. 2d 226 (Fla. 3d DCA 2003)…Commerce, 354 So. 2d 450, 451 (Fla. 1st DCA 1978) (“Although the claimant’s reason for leaving may be considered a good personal reason, it cannot be considered attributable to the employer.”)). See also Kacsir v. State Unemployment Appeals Comm’n, 456 So. 2d 528 (Fla. 3d DCA 1984) (reviewing court may not overturn hearing officer’s findings of fact which are supported by competent, substantial record evidence).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fort Myers Pump & Supply, Inc. v. Fla. Dep't OF Labor & Emp. Sec., 373 So. 2d 429 (Fla. 2d DCA 1979)
- The Fla. State Bd. OF Dental Exam'rs v. Feinglass, 166 So. 2d 686 (Fla. 3d DCA 1964)
- Weinfeld v. Fla. Indus. Comm'n, 168 So. 2d 146 (Fla. 1964)
- Leverette v. Carter, 168 So. 2d 146 (Fla. 1964)