COMMONWEALTH LIFE INSURANCE, APPELLANT,
v.
DONOVAN P. WALTERS AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that an insurance agent receiving employer-paid benefits in addition to commissions is eligible for unemployment benefits because their remuneration was not solely commission-based.
Commonwealth Life Insurance appealed a decision finding former employee Donovan Walters eligible for unemployment benefits. Commonwealth argued Walter…
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PER CURIAM.
Commonwealth Life Insurance appeals a final order of the Florida Unemployment Appeals Commission which found appellee Donovan Walters eligible for unemployment benefits. We affirm.
Commonwealth argues that Walters, the former employee, is ineligible for unemployment benefits by virtue of sub-paragraph 443.036(19)(n)(13), Florida Statutes (1989). The cited exclusion applies to “[sjervice performed by an individual for a person as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such person is performed for remuneration solely by way of commission.” Id. (emphasis added). Here, the employee received employer-paid insurance benefits in addition to commissions. As his remuneration was not solely by way of commission, the exclusion does not apply.
Commonwealth urges, however, that we should read the statutory term “wages” into the definition just quoted, in place of the word “remuneration.” See § 443.036(33), Florida Statutes (1989) (defining “wages”). Since the definition of “wages” excludes the insurance benefits at issue here, substitution of “wages” for “remuneration” would make the exclusion applicable to the former employee. We agree with the Commission that the statute cannot be so read. “Wages” is a term of art under the statute. The legislature’s decision to use the broader, generic term “remuneration” * rather than the statutorily defined term “wages” must be given effect. Were there doubt, we would be obliged in any event to construe the statute in favor of the claimant. Baeza v. Pan American/Nat’l Airlines, Inc., 392 So. 2d 920, 923 (Fla.3d DCA 1980).
Affirmed.
*
The term "remuneration” is used within the definition of "wages" under the statute, but the two terms are not used synonymously. Some remuneration is excluded from the definition of wages. See id. § 443.036(33)(b)(l).
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Life Ins. Co. OF Ga. v. Dep't OF Labor & Emp. Sec., 640 So. 2d 1221 (Fla. 5th DCA 1994)…rmination that certain insurance agents at Life of Georgia were not remunerated solely by commission and thus, were employees subject to the provisions of the Florida Unemployment Compensation Law. We affirm. See Commonwealth Life Ins. v. Walters, 581 So. 2d 643 (Fla. 3d DCA), review denied, 591 So. 2d 180 (Fla.1991); Realty Management Corp. v. Kemp, 380 So. 2d 1114 (Fla. 1st DCA 1980). AFFIRMED. W. SHARP, GOSHORN and THOMPSON, JJ., concur.…
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Turnberry Isle Resort & Club v. Madoc D. Fernandez, 666 So. 2d 254 (Fla. 3d DCA 1996)…t. Herman v. Florida Dep’t of Commerce, 323 So. 2d 608, 609 (Fla. 3d DCA 1975). In any event, if there is any doubt as to which construction should be applied, we must construe the statute in favor of the claimant. Commonwealth Life Ins. v. Walters, 581 So. 2d 643 (Fla. 3d DCA 1991). I am unable to agree with a majority decision which “has departed from the purpose of the Unemployment Compensation Law, which is ‘remedial, humanitarian legislation ... [that] should be liberally and broadly construed.’ ” Herma…1 / 2
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Commonwealth Life Ins. v. Kartsen, 588 So. 2d 1094 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. Commonwealth Life Ins. v. Walters, 581 So. 2d 643 (Fla. 3d DCA 1991).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ina M. Baeza v. PAN American/National Airlines, Inc., 392 So. 2d 920 (Fla. 3d DCA 1980)