BAGWELL LUMBER COMPANY, PETITIONER,
v.
FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY AND THOMAS W. FENDERS, RESPONDENTS
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Bagwell Lumber Company sought certiorari review of an Industrial Relations Commission decision awarding unemployment compensation to a discharged employee. The court held that substantial competent evidence supported the appeals referee's finding that the employee was discharged for misconduct (chronic on-the-job drinking), and therefore reversed the Commission's decision.
The court held that substantial competent evidence supported the appeals referee's factual finding that Fenders was dismissed for misconduct connected with his work. Consequently, the employee is not entitled to receive unemployment compensation benefits.
[1] An appeals referee is the fact-finder in unemployment compensation claims proceedings.
[2] A decision of an appeals referee in an unemployment compensation claim must be upheld if the record contains substantial competent evidence to support the referee's factu…
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Join FLexlaw to unlock all legal intelligence“The appeals referee is the fact-finder in the unemployment compensation claims' procedure.”
Establishes the standard of review—the referee's factual findings are accorded deference if supported by substantial competent evidence.
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Join FLexlaw to unlock all legal intelligenceBagwell Lumber Company discharged Thomas Fenders, a truck driver who had worked for the company for sixteen years. The owner testified that Fenders ha…
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GRIMES, Acting Chief Judge.
Petitioner discharged one of its employees, respondent Fenders. Fenders applied for unemployment compensation benefits, but the claims examiner denied his claim. He appealed to the appeals referee who also found the claimant to be ineligible for the benefits. Fenders appealed the referee’s decision to the Industrial Relations Commission which reversed the referee and ruled Fenders eligible for the benefits. Petitioner sought a writ of certiorari seeking our review of the commission’s ruling.
At the hearing before the appeals referee, Thomas Bagwell, the owner of the petitioning company, testified that Fenders had worked for him as a truck driver for sixteen years. He said Fenders had been drunk on the job on numerous occasions and that he had often warned him about his drinking on the job.
On January 23, 1975, Bagwell’s son sent Fenders home because the son thought he was drunk. The next morning, Bagwell telephoned Fenders. Bagwell stated that from Fenders’ voice he could tell he was drinking so he fired him. In support of his statement that Fenders was often drunk, Bagwell presented police records which showed twelve convictions on drunk charges and one conviction for DWI between 1968 and 1975.
Fenders denied being drunk on either January 23rd or 24th. He said Bagwell had told him he was being fired so that a younger man could be hired.
On the basis of the testimony, the appeals referee found that Fenders was discharged for misconduct and therefore was disqualified from receiving unemployment compensation benefits. In reversing that decision, the Industrial Relations Commission stated that, “The employer’s long delay in discharging the claimant for drinking at work and the quantum and quality of the evidence at the hearing . . . are insufficient to support a finding of misconduct
The appeals referee is the fact-finder in the unemployment compensation claims' procedure. Section 443.07, Florida Statutes (1975). If the record shows that there was substantial competent evidence to support the factual findings of the appeals referee, then that decision must be upheld. Florida Department of Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977) (Opinion filed September 23,1977); Continental Baking Company v. Vilchez, 219 So. 2d 733 (Fla. 2d DCA 1969).
We have concluded that there was competent substantial evidence upon which the referee could have made his finding that Fenders was dismissed for misconduct connected with his work. See Castillo v. Florida Department of Commerce, 253 So. 2d 162 (Fla. 2d DCA 1971). Consequently, he is not entitled to receive unemployment compensation.
The writ of certiorari is hereby granted, the decision of the Industrial Relations Commission is reversed, and the decision of the appeals referee reinstated.
SCHEB and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)…for the UAC to reweigh the evidence and substitute its findings for those of the referee. Flagler County Sheriffs Department; Debus v. Hendry Correctional Institution, 406 So. 2d 1270 (Fla. 2d DCA 1981); Bagwell Lumber Co. v. Department of Commerce, 353 So. 2d 1261 (Fla. 2d DCA 1978). Accordingly, we reverse the decision of the UAC and reinstate the decision of the appeals referee. RYDER, C.J., and HALL, J., concur.…
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Smith v. Eilon Krugman-Kadi & Fla. Unemployment Appeals Comm'n, 547 So. 2d 677 (Fla. 1st DCA 1989)…authority.” The appeals referee is a fact finder in the unemployment compensation claims procedure and his decision must be upheld if there is competent, substantial evidence to support it. Bagwell Lumber Company v. Florida Department of Commerce, 353 So. 2d 1261 (Fla. 2d DCA 1978). The facts are not disputed. The question before us regards whether appellant’s actions constitute statutory “misconduct”. “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia…
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Fort Myers Pump & Supply, Inc. v. Fla. Dep't OF Labor & Emp. Sec., 373 So. 2d 429 (Fla. 2d DCA 1979)…ary and that she would not comply with them. It is well settled that the appeals referee is the finder of fact in the unemployment compensation claims procedure, Bagwell Lumber Co. v. Florida Department of Commerce, Division of Employment Security, 353 So. 2d 1261 (Fla.2d DCA 1978), and that the referee’s decision must be upheld if there is substantial competent evidence to support it. General Telephone Co. of Florida v. Board of Review, 356 So. 2d 1357 (Fla.2d DCA 1978); Bagwell Lumber Co. v. Florida Departm…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cont'l Baking Co. v. Vilchez, 219 So. 2d 733 (Fla. 2d DCA 1969)
- State of Fla. Dep't OF Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977)
- Castillo v. Fla. Dep't OF Commerce, 253 So. 2d 162 (Fla. 2d DCA 1971)