Morris v. Unemployment Appeals Commission

District Court of Appeal of Florida

Morris v. Unemployment Appeals Commission

866 So. 2d 1269, 2004 Fla. App. LEXIS 2357, 2004 WL 355611

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 2004

DocketNo. 5D03-959

StatusPublished

Cited by1 cases

This text of 866 So. 2d 1269 (Morris 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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Morris v. Unemployment Appeals Commission, 866 So. 2d 1269, 2004 Fla. App. LEXIS 2357, 2004 WL 355611 (Fla. Ct. App. 2004).

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Opinion

TORPY, J.

Tyron Morris (“Appellant”) asserts that the Unemployment Appeals Commission (the “UAC”) erred in reversing the appeals referee’s finding that Appellant was eligible for unemployment benefits. The referee concluded that Appellant was entitled to benefits because he was discharged from his employment for reasons other than misconduct. The UAC, in denying benefits, found that Appellant had not been discharged, but instead, had quit his job voluntarily.

We agree with the UAC that the referee’s finding on this point was erroneous. However, it is apparent from the record that Appellant’s alternative ground supporting an award of unemployment benefits, that he voluntarily terminated his employment due to disability, was not sufficiently developed because the referee concluded that Appellant had been discharged. We, therefore, reverse the [1270]*1270UAC’s order with instructions that this cause be remanded to the referee to determine whether Appellant had “good cause” for quitting his employment due to physical disability. § 443.101(l)(a)l., Fla. Stat. (2001). See Lewis v. Lakeland Health Care Center, Inc., 685 So.2d 876, 879 (Fla. 2d DCA 1996).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

SHARP, W., and MONACO, JJ., concur.

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TORPY, J.

Tyron Morris (“Appellant”) asserts that the Unemployment Appeals Commission (the “UAC”) erred in reversing the appeals referee’s finding that Appellant was eligible for unemployment benefits. The referee concluded that Appellant was entitled to benefits because he was discharged from his employment for reasons other than misconduct. The UAC, in denying benefits, found that Appellant had not been discharged, but instead, had quit his job voluntarily.

We agree with the UAC that the referee’s finding on this point was erroneous. However, it is apparent from the record that Appellant’s alternative ground supporting an award of unemployment benefits, that he voluntarily terminated his employment due to disability, was not sufficiently developed because the referee concluded that Appellant had been discharged. We, therefore, reverse the [1270]*1270UAC’s order with instructions that this cause be remanded to the referee to determine whether Appellant had “good cause” for quitting his employment due to physical disability. § 443.101(l)(a)l., Fla. Stat. (2001). See Lewis v. Lakeland Health Care Center, Inc., 685 So.2d 876, 879 (Fla. 2d DCA 1996).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

SHARP, W., and MONACO, JJ., concur.

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866 So. 2d 1269, 2004 Fla. App. LEXIS 2357, 2004 WL 355611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-unemployment-appeals-commission-fladistctapp-2004.

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