AMCO Water Metering Systems, Inc. v. Unemployment Appeals Commission

District Court of Appeal of Florida

AMCO Water Metering Systems, Inc. v. Unemployment Appeals Commission

890 So. 2d 1278, 2005 Fla. App. LEXIS 344, 2005 WL 119608

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 2005

DocketNo. 5D04-798

StatusPublished

Cited by1 cases

This text of 890 So. 2d 1278 (AMCO Water Metering Systems, Inc. v. Unemployment Appeals Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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AMCO Water Metering Systems, Inc. v. Unemployment Appeals Commission, 890 So. 2d 1278, 2005 Fla. App. LEXIS 344, 2005 WL 119608 (Fla. Ct. App. 2005).

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Opinion

PLEUS, J.

AMCO appeals a final order of the Unemployment Appeals Commission which ruled that the claimant is not disqualified from receiving unemployment compensation benefits. The Commission’s decision rejected the ruling of the appeals referee that the claimant voluntarily abandoned her job. The issue of whether an employee voluntarily abandoned his or her position has been held to be one of fact within the province of the appeals referee. Cole v. Unemployment Appeals Comm’n, 863 So.2d 1249 (Fla. 5th DCA 2004); Vanek v. Unemployment Appeals Comm’n, 842 So.2d 312 (Fla. 5th DCA 2003). The appeals referee’s determination that the claimant voluntarily abandoned her job when she failed to return to work following emergency leave is supported by substantial competent evidence. The Commission did not expressly determine otherwise. Rather, the Commission impermissibly reweighed and re-assessed the conflicting evidence in reaching a contrary conclusion. This it cannot do. See Cole; Jackson v. Unemployment Appeals Comm’n, 730 So.2d 719, 721 (Fla. 5th DCA 1999).

REVERSED AND REMANDED.

MONACO and TORPY, JJ., concur.

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PLEUS, J.

AMCO appeals a final order of the Unemployment Appeals Commission which ruled that the claimant is not disqualified from receiving unemployment compensation benefits. The Commission’s decision rejected the ruling of the appeals referee that the claimant voluntarily abandoned her job. The issue of whether an employee voluntarily abandoned his or her position has been held to be one of fact within the province of the appeals referee. Cole v. Unemployment Appeals Comm’n, 863 So.2d 1249 (Fla. 5th DCA 2004); Vanek v. Unemployment Appeals Comm’n, 842 So.2d 312 (Fla. 5th DCA 2003). The appeals referee’s determination that the claimant voluntarily abandoned her job when she failed to return to work following emergency leave is supported by substantial competent evidence. The Commission did not expressly determine otherwise. Rather, the Commission impermissibly reweighed and re-assessed the conflicting evidence in reaching a contrary conclusion. This it cannot do. See Cole; Jackson v. Unemployment Appeals Comm’n, 730 So.2d 719, 721 (Fla. 5th DCA 1999).

REVERSED AND REMANDED.

MONACO and TORPY, JJ., concur.

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890 So. 2d 1278, 2005 Fla. App. LEXIS 344, 2005 WL 119608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amco-water-metering-systems-inc-v-unemployment-appeals-commission-fladistctapp-2005.

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