JASON C. LOVETT, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND TARMAC FLORIDA, INC., APPELLEES
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[*1254] PER CURIAM.
We reverse the order of the Florida Unemployment Appeals Commission because the Commission impermissibly substituted its own findings of fact for facts found by the appeals referee based on competent substantial evidence in the record. Heifetz v. Department of Business Regulation, Div. of Alcoholic Beverages & Tobacco, 475 So. 2d 1277 (Fla. 1st DCA 1985). We hold that the employer’s failure to intercede in the dispute between appellant and a coemployee on the date in question was sufficient, under the circumstances found by the appeals referee, to meet the good cause standard of section 443.101, Florida Statutes (1987), and avoid loss of entitlement to unemployment compensation benefits. Buckeye Cellulose Corporation v. Williams, 522 So. 2d 39 (Fla. 1st DCA 1988).
REVERSED.
ERVIN, WENTWORTH and ZEHMER, JJ., concur,
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Fran T. Brown v. Unemployment Appeals Comm'n & Jacobs & Goodman, P.A., 633 So. 2d 36 (Fla. 5th DCA 1994)…is responsible for the work environment in which the employees must work, so failure to provide Brown with a tolerable work environment is good cause for leaving employment attributable to the employer. Lovett v. Florida Unemployment Appeals Comm’n, 547 So. 2d 1253, 1254 (Fla. 1st DCA 1989); Wilson v. Florida Unemployment Appeals Comm’n, 604 So. 2d 1274 (Fla. 4th DCA 1992). In Lovett, the court found that the employer’s failure to intercede in a dispute between appellant and a coemployee was sufficient to meet…
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- Mel Heifetz v. Dep't of Bus. Reg., 475 So. 2d 1277 (Fla. 1st DCA 1985)
- Buckeye Cellulose Corp. v. Robert T. Williams & the Fla. Unemployment Appeals Comm'n, 522 So. 2d 39 (Fla. 1st DCA 1988)