LORRAINE WALUKIEWICZ, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 5th DCA | 2004-01-09
No. 5D03-415
SHARP, W., MONACO, and TORPY, JJ., concur.
861 So. 2d 1288 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Lorraine Walukiewicz appeals a final order of the Unemployment Appeals Commission affirming a decision of an unemployment appeals referee that Ms. Wa-lukiewicz was disqualified from receiving unemployment benefits because she was discharged for misconduct connected with her work. We affirm.

The standard of review of an administrative agency’s adjudicative findings is whether the findings are supported by competent, substantial record evidence. If they are so supported, the findings may not be disturbed on appeal. See, Brown v. Unemployment Appeals Commission, 633 So. 2d 36 (Fla. 5th DCA), review denied, 642 So. 2d 1362 (Fla.1994), cert. denied, 513 U.S. 1082, 115 S.Ct. 733, 130 L.Ed.2d 636 (1995). Upon careful review of the record we conclude that the findings are supported by sufficient evidence. We cannot substitute our judgment for that of the referee.

AFFIRMED.

SHARP, W., MONACO, and TORPY, JJ., concur.


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  • Gfrorer v. Unemployment Appeals Comm'n, 864 So. 2d 1290 (Fla. 5th DCA 2004)
    …n administrative agency’s adjudicative findings is whether those findings are supported by competent, substantial record evidence. If they are, the findings should generally not be disturbed on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288 (Fla. 5th DCA 2004); Brown v. Unemployment Appeals Comm’n, 633 So. 2d 36 (Fla. 5th DCA), review denied, [*1291] 642 So. 2d 1362 (Fla.1994), cert. denied, 513 U.S. 1082, 115 S.Ct. 733, 130 L.Ed.2d 636 (1995). Whether a claimant leaves employment volu…
  • Meridith R. Cain v. Unemployment Appeals Comm'n, 876 So. 2d 592 (Fla. 5th DCA 2004)
    …ported by substantial competent record evidence. See Gfrorer v. Unemployment Appeals Comm’n, 864 So. 2d 1290, 1290 (Fla. 5th DCA 2004). If they are, the findings are generally not reversable on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288 (Fla. 5th DCA 2004). Whether a claimant for unemployment benefits leaves his or her employment voluntarily and without good cause attributable to the employer is a question of fact, and thus should not be disturbed on appeal provided there is compet…
  • Atcitty v. Unemployment Appeals Comm'n, 907 So. 2d 1223 (Fla. 5th DCA 2005)
    …ey are supported by substantial competent evidence. See Forte v. Florida Unemployment Appeals, 899 So. 2d 1159 (Fla. 3d DCA 2005). If they are so supported, the findings may not be disturbed on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288, (Fla. 5th DCA 2004); Brown v. Unemployment Appeals Comm’n, 633 So. 2d 36 (Fla. 5th DCA), review denied, 642 So. 2d 1362 (Fla.1994), cert. denied, 513 U.S. 1082, 115 S.Ct. 733, 130 L.Ed.2d 636 (1995). Concomitantly, an appeal referee’s findings in a…

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