HARRY E. LOWRY, D.V.M, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND BARBARA J. SOPER, APPELLEES
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The Unemployment Appeals Commission (UAC) cannot reject an appeals referee's findings of fact if they are supported by competent substantial evidence.
An employer appealed a UAC order that reversed an appeals referee's decision denying unemployment benefits to a claimant. The appellate court reviewed…
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PER CURIAM.
Appellant, Dr. Harry Lowry (Employer), seeks review of an Unemployment Appeals Commission (UAC) order reversing an appeals referee’s decision which found that Barbara Soper (Claimant) was not entitled to unemployment benefits. We reverse and remand for the UAC to reinstate the decision of the appeals referee.
The UAC may not reject an appeals referee’s findings of fact where such findings are supported by competent substantial evidence in the record. See Maynard v. Florida Unemployment Appeals Comm’n, 609 So. 2d 143, 145 (Fla. 4th DCA 1992). If such findings are supported by competent substantial evidence, the UAC may not reweigh the evidence or substitute its findings for the appeals referee’s findings. See Volk v. Florida Unemployment Appeals Comm’n, 673 So. 2d 574 (Fla. 4th DCA 1996); Maynard, 609 So. 2d at 145.
After reviewing the record in the instant case, we conclude that the appeals referee’s findings were supported by competent substantial evidence and that the UAC erroneously reweighed the evidence and substituted its findings for those of the appeals referee. Accordingly, we reverse and remand with directions to reinstate the appeals referee’s decision.
REVERSED AND REMANDED.
STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.
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Miller v. Fla. Unemployment Appeals Comm'n & Range Sys. Eng'g Support Co., 768 So. 2d 1218 (Fla. 4th DCA 2000)…ased on “competent, substantial evidence in the record.” Volk v. Florida Unemployment Appeals Comm’n, 673 So. 2d 574 (Fla. 4th DCA 1996). The UAC may not reject a referee’s findings if they are so supported. See Lowry v. Unemployment Appeals Comm’n, 702 So. 2d 645 (Fla. 4th DCA 1997). This is because “[a]s trier of fact, the referee is responsible for weighing and resolving conflicting evidence and judging credibility, having witnessed the demeanor of the parties, is deemed to be in the best position to make…
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Lucido v. State, 862 So. 2d 913 (Fla. 4th DCA 2003)…v. Unemployment Appeals Comm’n, 609 So. 2d 143, 145 (Fla. 4th DCA 1992). Thus, an appeals referee’s factual findings must be accepted by the UAC if such findings are supported by competent, substantial evidence. Lowry v. Unemployment Appeals Comm’n, 702 So. 2d 645 (Fla. 4th DCA 1997). This is so, because, as trier of fact, the referee is responsible for weighing and resolving conflicting evidence and judging credibility. Having witnessed the demeanor of the parties, the referee is deemed to be in the best pos…
Authorities Cited
- Maynard v. Fla. Unemployment Appeals Comm'n & Neighborhood Variety Stores, Inc., 609 So. 2d 143 (Fla. 4th DCA 1992)
- Volk v. Fla. Unemployment Appeals Comm'n & Gulf Atl. Mgmt. Grp., Inc., 673 So. 2d 574 (Fla. 4th DCA 1996)