RUPERT LEWIS, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND JENASIS STRUCTURES, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Rupert Lewis appealed the denial of unemployment benefits after his employer failed to provide promised light-duty work following a back injury. The court reversed, holding that Lewis did not refuse suitable work but rather made reasonable efforts to accept it, and that an employer cannot escape unemployment benefit obligations by merely offering work in writing without ensuring proper assignment.
Lewis did not refuse suitable work and was not properly disqualified from unemployment benefits. The court held that Lewis made reasonable efforts to accept light-duty work by twice attempting to work after receiving the offer, and that an employer cannot escape unemployment benefit obligations by merely issuing a letter offering suitable work without ensuring it is actually provided.
[1] Fear for one's personal health may constitute good cause for rejecting a job offer as unsuitable.
[2] An individual is disqualified from unemployment benefits if they fail without good cause to accept suitable work when offered.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Lewis did not refuse work, but twice attempted to accept it. He also reported the job foreman's failure to assign light-duty work to his supervisor.”
Establishes that Lewis made reasonable efforts to accept suitable work, contradicting the finding of refusal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLewis worked for Jenasis Structures for three months before sustaining a back injury while lifting heavy equipment. His doctor recommended light-duty …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Suitable Work cases and more on FLexlaw
PER CURIAM.
Rupert Lewis appeals the order of the Unemployment Appeals Commission (UAC) which affirmed the denial of unemployment benefits for failure to accept suitable work. We reverse.
Lewis had served for three months . as an employee of Jenasis Structures, Inc. (Jenasis), when he sustained injury to his back while lifting heavy equipment. After several medical examinations, Lewis’ doctor recommended him for light-duty work within specified limitations. In July 1997 Jenasis’ president sent Lewis a letter from its main office in Tampa, advising him that Jenasis had light-duty work available. Lewis reported to his job site in Plant City for light-duty work, but the job foreman assigned him to the same work he was performing prior to his accident — bending, heavy lifting, and climbing. Lewis notified his immediate supervisor, who sent him home. Shortly thereafter, Lewis returned to the job site, but the job foreman did not assign him light-duty work and his supervisor sent him home again. In August 1997 Jenasis’ controller wrote Lewis a letter advising him that Jenasis had light-duty work available at that time, but Lewis did not return to his job site.
In March 1998 Lewis applied for unemployment compensation benefits, which Je-nasis denied. Lewis sought review of the denial of unemployment compensation and the appeals referee affirmed the denial of benefits pursuant to section 443.101, Florida Statutes (1997). The statute, in pertinent part, reads as follows:
443.101 Disqualification for benefits. — An individual shall be disqualified for benefits:
(2) If the division finds that the individual has failed without good cause ... to accept suitable work when offered ... such disqualification shall continue for the full period of unemployment next ensuing after he or she has failed without good cause ... to accept suitable work.... The division shall by rule provide criteria for determining the “suitability of work,” as used in this section.
§ 443.101, Fla. Stat. (1997). The appeals referee found that Lewis did not have good cause for refusing to accept suitable work, noting that “the claimant did not make reasonable efforts to secure light duty work by contacting either the individuals who wrote to the claimant offering him light duty work or by going to the employer’s home office to obtain light duty work.” The UAC affirmed the appeals referee’s order. The appeals referee’s finding that Lewis refused to accept suitable work by failing to report to either the president or the controller that his job foreman had failed to assign him light-duty work is clearly erroneous. Lewis did not refuse work, but twice attempted to accept it. He also reported the job foreman’s failure to assign light-duty work to his supervisor. Lewis should not be held responsible for Jenasis’ failure to inform anyone at the Plant City job site that he was to be assigned light-duty work. Furthermore, an employer should not be shielded from responsibility to pay unemployment benefits by simply issuing a letter to the effect that it would provide suitable work to an injured employee. Accordingly, we reverse and remand with directions for the UAC to award unemployment benefits.
Reversed and remanded.
PATTERSON, C.J., and PARKER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Yiannopoulos v. Unemployment Appeals Comm'n, 892 So. 2d 1174 (Fla. 5th DCA 2005)…94). The referee was entitled to, and did, resolve eviden-tiary disputes in the company’s favor. [*1176] Smith v. Unemployment Appeals Comm’n, 698 So. 2d 1344 (Fla. 5th DCA 1997). Yiannopoulos cites Lewis v. Florida Unemployment Appeals Commission, 744 So. 2d 1207 (Fla. 2d DCA 1999), in which the claimant was injured on the job and required light-duty work. The main office of the employer informed him that there was light-duty work available, but his immediate superior sent him home because when he arrived at…