MIGUEL R. DOMINGUEZ, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND THE WACKENHUT CORPORATION, APPELLEES
Explore caselaw by topic → Browse Deference To Agency Expertise cases and more on FLexlaw
PER CURIAM.
Miguel R. Dominguez appeals a decision of the Unemployment Appeals Commission which adopted the findings of fact made by the unemployment compensation appeals referee, and which affirmed the referee’s decision holding Dominguez disqualified from receiving benefits.
The referee’s findings of fact (which we must accept as being based on substantial competent evidence in the absence of a transcript of the hearing) reveal that Dominguez was discharged by The Wackenhut Corporation for abandoning his post while his supervisor was in the process of giving him a written reprimand. The Commission’s conclusion that Dominguez’s behavior amounted to misconduct connected with work is within the Commission’s area of expertise in the interpretation and application of its governing laws. It is thus entitled to our deference. See Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987 (Fla.1985).
Accordingly, the Commission’s decision is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Earnest Jackson v. Unemployment Appeals Comm'n, 730 So. 2d 719 (Fla. 5th DCA 1999)…charged with the responsibility of interpreting and enforcing, at least in the first instance, the unemployment laws of this state, its decisions should carry considerable weight with the court. See Dominguez v. Florida Unemployment Appeals Comm’n, 679 So. 2d 835 (Fla. 3d DCA 1996); Brooks v. Unemployment Appeals Comm’n, 695 So. 2d 879 (Fla. 5th DCA 1997). I agree with the Commission that the record does not support a finding that Mr. Rager was the aggressor and I also agree with the conclusion of the Commis…
-
Martinson v. Breit's Tower Serv., Inc., 680 So. 2d 599 (Fla. 3d DCA 1996)…nsistent with legislative intent and is supported by substantial, competent evidence.” Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987, 989 (Fla.1985); Dominguez v. Florida Unemployment Appeals Comm’n, [*600] 679 So. 2d 835 (Fla. 3d DCA 1996). The referee’s findings of fact are supported by substantial, competent evidence.1 The record contains testimony that Mr. Martinson was tardy, that he received warnings for his tardiness, and that his late arrivals negatively affe…
-
Borakove v. Fla. Unemployment Appeals Comm'n & Aucc, Inc., 14 So. 3d 249 (Fla. 1st DCA 2009)…ppellant cannot overcome the presumption that the appeals referee’s factual findings are correct. See Applegate, 377 So. 2d at 1152; Lopez v. Unemployment Appeals Comm,’n, 680 So. 2d 1144 (Fla. 3d DCA 1996); Dominguez v. Unemployment Appeals Comm’n, 679 So. 2d 835 (Fla. 3d DCA 1996). The record does not demonstrate that the appeals referee or Appellee misconstrued or misapplied its organic law to the findings of fact. Accordingly, we are constrained to AFFIRM the final order pursuant to Apple-gate and Wolfso…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pub. Emps. Relations Comm'n v. Dade Cnty. Police Benevolent Ass'n, 467 So. 2d 987 (Fla. 1985)