MARGUENS NOEL, APPELLANT,
v.
CUSANOS ITALIAN BAKERY, INC. AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Florida appellate court affirmed the Unemployment Appeals Commission's disqualification of Noel from unemployment benefits for failure to report to work, finding competent substantial evidence supported the referee's credibility determinations.
A decision of the Unemployment Appeals Commission supported by competent substantial evidence cannot be overturned, and the appeals referee's credibility determinations regarding witness testimony must be deferred to on appeal.
[1] A decision of the Unemployment Appeals Commission supported by competent substantial evidence cannot be overturned, and an appellate court must defer to the appeals refer…
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Join FLexlaw to unlock all legal intelligenceMarguens Noel failed to report to work at Cusanos Italian Bakery. Noel claimed a supervisor authorized his absence, but the bakery's general manager a…
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PER CURIAM.
Marguens Noel appeals the decision of the Unemployment Appeals Commission affirming the appeals referee’s finding in which Noel was disqualified from receiving benefits due to his failure to report to work. We affirm.
A decision of the Unemployment Appeals Commission cannot be overturned if it is supported by competent substantial evidence, and the Commission cannot reweigh the evidence and substitute its findings for those of the appeals referee. See Continental Baking Co. v. Vilchez, 219 So. 2d 733, 734 (Fla. 2d DCA 1969); Studor Inc. v. Duren, 635 So. 2d 141, 142 (Fla. 2d DCA 1994). A review of the record before us reveals that there is competent substantial evidence to support the Commission’s findings, including the testimony of Noel’s general manager and supervisor, both of whom testified that Noel’s absence from work was not authorized. Although Noel testified that a supervisor authorized his absence from work, we point out that it is within the purview of the appeals referee to judge the witnesses’ credibility and to resolve conflicts in testimony. See Morrison v. Newport Wholesalers, Inc., 738 So. 2d 1037, 1038 (Fla. 3d DCA 1999); Andrus v. Florida Dept. of Labor and Em ployment, 379 So. 2d 468, 470 (Fla. 4th DCA 1980). We are therefore required to defer to the appeals referee’s finding and determination.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cont'l Baking Co. v. Vilchez, 219 So. 2d 733 (Fla. 2d DCA 1969)
- Andrus v. Fla. Dep't of Labor & Emp. Sec., 379 So. 2d 468 (Fla. 4th DCA 1980)
- Studor Inc. v. Duren, 635 So. 2d 141 (Fla. 2d DCA 1994)
- Davis v. State, 738 So. 2d 1037 (Fla. 3d DCA 1999)
- Chauncey Tyrone Lyons v. Moore, 738 So. 2d 1037 (Fla. 1st DCA 1999)