BARBARA C. SHACKLETON, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND MOTHERHOOD MATERNITY BOUTIQUE, APPELLEES
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The court reversed the Unemployment Appeals Commission's denial of unemployment benefits, holding that the referee's finding that the claimant was not guilty of work-related misconduct was supported by competent substantial evidence and the UAC failed to comply with statutory requirements for rejecting the referee's factual findings.
The UAC may not reject or modify an appeals referee's findings of fact unless it determines from the complete record and states with particularity that the findings lack competent substantial evidence or that proceedings violated essential legal requirements.
[1] An administrative agency reviewing an appeals referee's factual findings must determine from the complete record and state with particularity in its order that the findin…
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Join FLexlaw to unlock all legal intelligenceBarbara Shackleton was denied unemployment compensation benefits by the UAC based on alleged insubordination and disregard of her employer's orders at…
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THOMPSON, Judge.
The claimant appeals an Unemployment Appeals Commission (UAC) order finding her ineligible for unemployment compensation benefits because of her alleged insubordination and disregard of her employer’s legitimate orders. Claimant contends the UAC erred in rejecting the referee’s determination that she was not guilty of misconduct connected with her work. We agree and reverse.
The UAC is authorized to review claims and to affirm, modify or reverse the findings and conclusions of appeals referees, but the UAC may not reject or modify an appeals referee’s findings of fact unless it first determines from a review of the complete record and states with particularity in its order that the findings of fact of the appeals referee were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. § 120.57(l)(b)10, Fla.Stat.; David Clark & Associates, Inc. v. Kennedy, 890 So. 2d 149 (Fla. 1st DCA 1980). In the instant case there is ample competent substantial evidence in the record to support the appeals referee’s finding that claimant was not guilty of misconduct connected with her work and was entitled to unemployment compensation. There was no showing that the proceedings on which the findings were based did not comply with the essential requirements of law.
The decision of the UAC is reversed and remanded with instructions to affirm the decision of the appeals referee.
NIMMONS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Clay Cnty. Sheriff's Off. v. Loos, 570 So. 2d 394 (Fla. 1st DCA 1990)…ot based on competent substantial evidence or that the proceeding on which the findings were based did not comply with the essential requirements of law. Section 120.57(l)(b)10, Florida Statutes (1989); Shackleton v. Unemployment Appeals Commission, 534 So. 2d 753 (Fla. 1st DCA 1988). In the instant case, there is ample competent substantial evidence in the record to support the referee’s finding that Loos attended radar school despite the employer’s denials of his requests to do so, and that his attendance…
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Scardino v. Unemployment Appeals Comm'n & Georgia-Pacific Corp., 603 So. 2d 549 (Fla. 1st DCA 1992)…hown the proceedings before the referee did not comply with the essential requirements of law. § 120.57(l)(b)(10), Fla.Stat. (1989); Clay County Sheriff's Office v. Loos, 570 So. 2d 394 (Fla. 1st DCA 1990); Shackleton v. Unemployment Appeals Comm’n, 534 So. 2d 753 (Fla. 1st DCA 1988). The Commission’s order is silent as to whether the appeals referee’s findings are supported by competent, substantial evidence; it simply expresses a different view of the evidence. We conclude that there is competent, substant…
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Panama City Hous. Auth. v. Sowby, 587 So. 2d 494 (Fla. 1st DCA 1991)…y of witnesses and substitute its judgment for that of the referee, the court deemed the record contained the requisite competent substantial evidence to support the referee’s findings. See also Shackleton v. Florida Unemployment Appeals Commission, 534 So. 2d 753 (Fla. 1st DCA 1988); Lewis v. Unemployment Appeals Commission, 473 So. 2d 6, 7 (Fla. 1st DCA 1985). The instant case is somewhat analogous to English. The record in this case includes evidence that the executive director during the relevant time pe…
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