McEnery v. Unemployment Appeals Commission

District Court of Appeal of Florida

McEnery v. Unemployment Appeals Commission

835 So. 2d 290, 2002 Fla. App. LEXIS 18582, 2002 WL 31828161

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 2002

DocketNo. 2D01-5762

StatusPublished

This text of 835 So. 2d 290 (McEnery 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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McEnery v. Unemployment Appeals Commission, 835 So. 2d 290, 2002 Fla. App. LEXIS 18582, 2002 WL 31828161 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

Michael J. McEnery appeals the denial of unemployment compensation benefits based on a finding that he voluntarily left his job without good cause. Because McEnery left work due to illness, which constitutes good cause, we reverse.

The appeals referee found that McEn-ery resigned. We accept this finding because it was supported by competent, substantial evidence. See Sienkiewicz v. Intrepid Powerboats, Inc., 774 So.2d 739, 740 (Fla. 2d DCA 2000).

If the employer meets the burden of showing an employee’s voluntary departure, the employee must prove that he left for good cause in order to qualify for unemployment benefits. Lewis v. Lakeland Health Care Ctr., Inc., 685 So.2d 876, 878 (Fla. 2d DCA 1996). Good cause “includes only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work.” § 443.101(1)(a)(1), Fla. Stat. (2000). “[T]he law permits an illness ... to be a good cause for voluntarily leaving a job.” Lewis, 685 So.2d at 879 (internal quotation marks omitted). Based on the competent, substantial evidence showing that McEn-ery left work because of illness, we reverse the denial of unemployment compensation benefits.

Reversed and remanded.

CASANUEVA and KELLY, JJ., concur.

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BLUE, Chief Judge.

Michael J. McEnery appeals the denial of unemployment compensation benefits based on a finding that he voluntarily left his job without good cause. Because McEnery left work due to illness, which constitutes good cause, we reverse.

The appeals referee found that McEn-ery resigned. We accept this finding because it was supported by competent, substantial evidence. See Sienkiewicz v. Intrepid Powerboats, Inc., 774 So.2d 739, 740 (Fla. 2d DCA 2000).

If the employer meets the burden of showing an employee’s voluntary departure, the employee must prove that he left for good cause in order to qualify for unemployment benefits. Lewis v. Lakeland Health Care Ctr., Inc., 685 So.2d 876, 878 (Fla. 2d DCA 1996). Good cause “includes only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work.” § 443.101(1)(a)(1), Fla. Stat. (2000). “[T]he law permits an illness ... to be a good cause for voluntarily leaving a job.” Lewis, 685 So.2d at 879 (internal quotation marks omitted). Based on the competent, substantial evidence showing that McEn-ery left work because of illness, we reverse the denial of unemployment compensation benefits.

Reversed and remanded.

CASANUEVA and KELLY, JJ., concur.

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835 So. 2d 290, 2002 Fla. App. LEXIS 18582, 2002 WL 31828161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcenery-v-unemployment-appeals-commission-fladistctapp-2002.

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