MARY E. WALZ, APPELLANT,
v.
REGGIE'S SEAFOOD AND BBQ HOUSE, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that the appeals referee's findings were supported by competent, substantial evidence, and thus the Unemployment Appeals Commission (UAC) erred in reversing those findings.
The appeals referee found that the Claimant had good cause to leave her employment due to material changes in the terms and conditions of her job. The…
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PER CURIAM.
This cause is before us on appeal from an order of the Unemployment Appeals Commission (UAC) reversing the appeals referee’s finding that Claimant voluntarily quit her job for good cause and was, therefore, entitled to unemployment compensation. We hold that the appeals referee’s conclusions are supported by competent, substantial evidence; therefore, we reverse the UAC.
In the context of an unemployment compensation proceeding, the fact finder is the appeals referee. The appellate court, as well as the UAC, must accept the findings of the appeals referee unless those findings are not based on competent, substantial evidence. See Scholastic Book Fairs, Inc. v. Unemployment Appeals Comm’n, 671 So. 2d 287 (Fla. 5th DCA 1996)(citing Smith v. Krugman-Kadi, 547 So. 2d 677 (Fla. 1st DCA 1989), rev. denied, 558 So. 2d 20 (Fla.1990)).
Here, the appeals referee, as factfin-der, was presented with two versions of the facts, and found Claimant’s version to be more credible. The referee found that Claimant had good cause to leave her employment, and awarded Claimant benefits based on the finding that material changes were made to the terms and conditions agreed to at the time of her employment. This finding is supported by competent, substantial evidence. It was, therefore, error for the UAC to reverse the referee’s finding.
Accordingly, we REVERSE the order of the UAC and direct the UAC to enter an order consistent with the decision of the appeals referee.
BOOTH, BENTON and PADOVANO, JJ., concur.
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HIS Kids Daycare v. Fla. Unemployment Appeals Comm'n, 904 So. 2d 477 (Fla. 1st DCA 2005)…loyment compensation proceedings, the appeals referee is the finder of fact, and both the appellate court and UAC “must accept the findings of the appeals referee unless those findings are not based on [CSE].” Walz v. Reggie’s Seafood and BBQ House, 718 So. 2d 861, 862 (Fla. 1st DCA 1998); see also [*480] § 120.57(1)(l), Fla. Stat. (2004) (providing administrative agency may not .reject findings of fact unless agency states with particularity that findings of fact are not based on CSE). The appeals referee is…
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Gevity HR v. Fla. Unemployment Appeals Comm'n, 890 So. 2d 538 (Fla. 1st DCA 2005)…n of the appeals referee disqualifying the claimant from receiving unemployment benefits. The UAC wrongfully rejected findings of the appeals referee which were based on competent substantial evidence. See Walz v. Reggie’s Seafood & BBQ House, Inc., 718 So. 2d 861 (Fla. 1st DCA 1998). Accordingly, we reverse the order of the UAC and direct the UAC to enter an order consistent with the decision of the appeals referee. WOLF, C.J., WEBSTER and HAWKES, JJ., Concur.…
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Am. M. Novas v. Fla. Unemployment Appeals Comm'n & St. Kevin Sch., 735 So. 2d 563 (Fla. 3d DCA 1999)…set forth by the referee, which we must accept since they are supported by competent, substantial evidence in the record, see Ryals v. Unemployment Appeals Comm’n, 722 So. 2d 845, 846 (Fla. 2d DCA 1998); Walz v. Reggie’s Seafood and BBQ House, Inc., 718 So. 2d 861, 862 (Fla. 1st DCA 1998), are as follows: The claimant was employed by the employer for approximately 18 years as a school principal. In March of 1997, the claimant tendered her written resignation to the Father, indicating that she was tired of ad…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. Eilon Krugman-Kadi & Fla. Unemployment Appeals Comm'n, 547 So. 2d 677 (Fla. 1st DCA 1989)
- Scholastic Book Fairs, Inc. v. Unemployment Appeals Comm'n, 671 So. 2d 287 (Fla. 5th DCA 1996)