DINA PORUBSKY, APPELLANT,
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, APPELLEE
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An appeal referee's factual determinations are presumed correct, and absent a hearing transcript in the record, the court must assume the referee's findings of work-related misconduct are supported by evidence.
[1] Without a transcript of hearing proceedings in the record on appeal, an appellate court must presume that an appeal referee's factual findings in an unemployment benefits…
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Join FLexlaw to unlock all legal intelligence“An appeal referee's factual determinations are ordinarily presumed to be correct ... [and thus], if there is substantial competent evidence in the record to support the appeal referee's findings ... this court must affirm.”
The court stated the standard of review for referee factual determinations in unemployment benefits cases.
Dina Porubsky was disqualified from receiving unemployment benefits by a referee, and that decision was affirmed by the Reemployment Assistance Appeal…
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Dina Porubsky appeals from a final order of the Reemployment Assistance Appeals Commission, which affirmed a referee’s decision to disqualify her from receiving unemployment benefits. Having carefully considered Ms. Porubsky’s arguments on appeal and the record before us, we affirm. See, e.g., Parker v. Unemployment Appeals Comm’n, 41 So.3d 1090, 1090 (Fla. 5th DCA 2010) (“An appeal referee’s factual determinations are ordinarily presumed to be correct ... [and thus], if there is substantial competent evidence in the record to support the appeal referee’s findings ... this court must affirm.”) (citations omitted).1
AFFIRMED.
ORFINGER, EVANDER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Parker v. Unemployment Appeals Comm'n, 41 So. 3d 1090 (Fla. 5th DCA 2010)
- Sheridan v. State, 873 So. 2d 617 (Fla. 2d DCA 2004)
- Soonja Roach v. Unemployment Appeals Comm'n, 873 So. 2d 617 (Fla. 5th DCA 2004)