ROBERT R. GAILFOIL, APPELLANT,
v.
WINN DIXIE, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 1994-06-07
No. 93-2733
Before BARKDULL, COPE and GERSTEN, JJ.
637 So. 2d 378 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Robert R. Gailfoil, appeals a denial of his unemployment benefits. We reverse.

Succinctly, appellant took on a job that he was physically unable to perform. Unfortunately, he discovered this physical malady shortly after commencing employment. Regardless of the various contested facts, appellant was simply unable to physically continue at this job. Based upon this court’s recent decision in Vajda v. Florida Unemployment Appeals Comm’n, 610 So. 2d 645 (Fla. 3d DCA 1992), which relies upon Herman v. Florida Dep’t of Commerce, Indus. Relations Comm’n, 323 So. 2d 608 (Fla. 3d DCA 1975), we reverse and remand with directions to pay appellant’s unemployment benefits.

Reversed and remanded with directions.


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