IO-AURELIA DUNCAN, APPELLANT,
v.
RYDER TRUCK RENTAL, INC. AND DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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The court held that the Unemployment Appeals Commission's reversal of the appeals referee's finding was supported by competent substantial evidence and must be affirmed.
An appeals referee found Duncan entitled to unemployment compensation after her discharge, believing it was without misconduct. The Unemployment Appea…
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MILLS, Judge.
Duncan appeals a decision of the Unemployment Appeals Commission (UAC) which reversed an appeals referee’s finding that she was entitled to receive unemployment compensation. We affirm.
Pursuant to Section 443.06(1), Florida Statutes (1979), the appeals referee found that Duncan, in effect, had been discharged by her employer without misconduct on her part and that she was therefore not disqualified from receiving unemployment compensation. This finding was based on an alleged conversation between Duncan and Ryder’s department director. The UAC reversed, holding that the referee’s finding was not based on competent substantial evidence.
The decision of an appeals referee may not be reversed when it is supported by competent substantial evidence. David Clark & Associates, Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). The appeals referee’s decision was not based on competent substantial evidence. There is no testimony concerning the content of the conversation between Duncan and the department director. Since the UAC may reverse an appeals referee based on evidence in the record, its finding that Duncan left employment voluntarily without good cause attributable to the employer must be affirmed.
AFFIRMED.
BOOTH and THOMPSON, JJ., concur.
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Cited By
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Smith v. Eilon Krugman-Kadi & Fla. Unemployment Appeals Comm'n, 547 So. 2d 677 (Fla. 1st DCA 1989)…oyment compensation benefits were denied for “misconduct”. E.g., Trinh Trung Do v. Amoco Oil Co., 510 So. 2d 1063 (Fla. 4th DCA 1987); Caputo v. Unemployment Appeals Commission, 493 So. 2d 1121 (Fla. 3d DCA 1986); Duncan v. Ryder Truck Rental, Inc., 418 So. 2d 1125 (Fla. 1st DCA 1982). However, our review of the cases pertaining to “misconduct” lead us to the conclusion that the actions of appellant were not “misconduct” as contemplated by the statute. Cognizant that the appeals referee’s findings must be uphe…
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State v. English, 534 So. 2d 726 (Fla. 1st DCA 1988)…dence. In reviewing whether the record contains competent substantial evidence to support the referee’s findings, we cannot make determinations as to credibility or substitute our judgment for that of the referee. Duncan v. Ryder Truck Rental, Inc., 418 So. 2d 1125 (Fla. 1st DCA 1982). In this case the referee found that the preponderance of the evidence did not show that claimant was discharged for misconduct connected with his work within the meaning of section 443.036(24). Although there is substantial evi…
Authorities Cited
- David Clark & Assocs., Inc. v. Lowell E. Kennedy, Jr., 390 So. 2d 149 (Fla. 1st DCA 1980)