ZACHARY COMER, APPELLANT,
v.
STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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Florida's Unemployment Compensation Law permits waiver of overpayment recovery when repayment would defeat the law's purpose or violate equity and good conscience, contrary to the appeals referee's holding that no waiver provision exists.
The Unemployment Compensation Law provides for waiver of overpayment recovery when repayment would defeat the law's purpose or be against equity and good conscience.
[1] Under Florida's Unemployment Compensation Law, an overpayment of benefits may be waived if repayment would defeat the purpose of the law or be against equity and good con…
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Join FLexlaw to unlock all legal intelligence“the [Unemployment Compensation Law] does not provide for the waiver of recovery of the overpayment”
The appeals referee's erroneous statement that the court reversed, holding instead that waiver provisions do exist under the statute.
Comer received unemployment compensation benefits to which he was not entitled, and the Department of Labor and Employment Security issued a Notice of…
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PER CURIAM.
The appellant received unemployment compensation benefits to which he was not entitled. The Florida Department of Labor and Employment Security issued a Notice of Determination seeking repayment. Upon the appeal of the determination, the appeals referee held that the benefits had to be repaid and stated that “the [Unemployment Compensation Law] does not provide for the waiver of recovery of the overpayment.”
We disagree and reverse and remand this case to the Unemployment Appeals Commission with directions to further remand it to the appeals referee so that a hearing can be conducted. At that time, the appellant can present arguments and evidence that repayment of the benefits would defeat the purpose of the Unemployment Compensation Law or would be against equity and good conscience. Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); Sagaert v. State, Department of Labor & Employment Security Unemployment Appeals Commission, 418 So. 2d 1228 (Fla. 3d DCA 1982); see § 443.151(6)(b)-(d), Fla.Stat. (1983). We also certify this decision as being in express and direct conflict with Sheppard v. State, Department of Labor & Employment Security, 442 So. 2d 1114 (Fla. 4th DCA 1983).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Unemployment Appeals Comm'n v. Comer, 504 So. 2d 760 (Fla. 1987)…OVERTON, Justice. The Unemployment Appeals Commission petitions for review of Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla.3d DCA 1985), and Renelus v. Florida Unemployment Appeals Commission, 484 So. 2d 629 (Fla.3d DCA 1986). In each case, the Commission sought repay [*761] ment of unemployment compensation benefits to which the claimants, Comer and Renelus, were…
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Renelus v. Fla. Unemployment Appeals Comm'n, 484 So. 2d 629 (Fla. 3d DCA 1986)…ent Appeals Commission, affirming a finding that section 443.151(6) of the Florida Statutes (1983) does not provide for waiver of recovery of unemployment compensation, is reversed on the authority of Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla. 3d DCA 1985); Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); and Sagaert v. State, Department of Labor & Employment Security, 418 So. 2d 1228 (Fla. 3d DCA 1982). We also certify, as we did in Comer, th…
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Cassady v. Fla. Unemployment Appeals Comm'n, 495 So. 2d 255 (Fla. 3d DCA 1986)…n overpayment.” We reverse and remand on the authority of Renelus v. Florida Unemployment Appeals Commission, 484 So. 2d 629 (Fla. 3d DCA 1986), review pending, no. 68,442 (Fla. filed Mar. 7, 1986); Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla. 3d DCA 1985), review pending, no. 68,145 (Fla. filed Jan. 9, 1986); Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); and Sagaert v. State, Department of Labor & Employment Security, 418 So. 2d 1228 (Fla.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sagaert v. State, 418 So. 2d 1228 (Fla. 3d DCA 1982)
- ORR v. Broward Cnty. Sheriff's Dep't & Former Sheriff Robert Butterworth, 442 So. 2d 1114 (Fla. 4th DCA 1983)
- Garcia v. Dep't OF Labor & Emp. Sec., 426 So. 2d 1171 (Fla. 3d DCA 1983)