WHS Trucking LLC v. Reemployment Assistance Appeals Commission

183 So. 3d 460
CourtDistrict Court of Appeal of Florida
DecidedJanuary 14, 2016
Docket15-0693
StatusPublished
Cited by1 cases

This text of 183 So. 3d 460 (WHS Trucking LLC v. Reemployment Assistance 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.

Bluebook
WHS Trucking LLC v. Reemployment Assistance Appeals Commission, 183 So. 3d 460 (Fla. Ct. App. 2016).

Opinions

ROBERTS, C.J.

In this appeal, the employer/appellant, WHS Trucking, LLC (WHS), argues that the appellee, the Reemployment Assistance Appeals Commission (the Commission), erred in holding a Reemployment Assistance Appeals Referee (the Referee) had jurisdiction and legal authority to make a correction to its original decision after the decision became final. We agree that the Referee lacked jurisdiction and legal authority to enter the corrected decision and reverse.

WHS employed the claimant, Michael Henry, as a CDI-lieensed, professional truck driver to haul forestry products from January 2012 to February 2014. At the time of hire, WHS’s insurance company ran a driver’s license check and determined that the claimant had a clean driving record. Between October 2013 and January 2014, the claimant was involved in two traffic accidents and received one speeding ticket. In February 2014, WHS discharged the claimant because it could not obtain cost-effective insurance coverage for him.

The claimant filed a timely claim for benefits with the Department of Economic Opportunity, Reemployment Assistance Program (the Department). On February 24, 2014, the Department entered a Notice of Approval that determined the claimant’s discharge was for reasons other than misconduct, the claimant was entitled to benefits, and benefits paid would be charged to WHS’s account.

WHS initiated an appeal, challenging the finding of no misconduct. On April 16, 2014, the Referee entered a decision (the original decision) finding WHS failed to prove the accidents were due to the claimant’s misconduct. The last sentence in the conclusions of law portion of the original decision stated: “Thus, the claimant will remain eligible for benefits, but the employer will not be charged.” Immediately below this sentence was the decisional paragraph, which stated:

Decision: The determination dated February 24, 2014, is AFFIRMED. The claimant is eligible for the receipt of benefits for the period beginning February 2, 2014.

The original decision also contained the standard language regarding appeal rights: “This decision will become final unless a written request for review or reopening is filed within 20 calendar days after [April .16,2014].”

It is undisputed that the 20-day time period for appeals expired without action from either party. On May 13, 2014, a Notice' of Benefits Paid was issued to WHS identifying a charge of $1,375 made to its account with respect to the claimant.

On May 14, 2014, in order to align the original decision with the Notice of Benefits Paid, the Referee sua sponte entered a proposed corrected decision, stating the original decision contained “clerical errors.” The proposed corrected decision changed the finding that the employer would not be charged to, “The employer will be charged because misconduct was not established.”

On June 2, 2014, WHS’s attorney sent a letter directly to the Commission seeking review of the proposed corrected decision on the basis that it was entered without jurisdiction because the original decision became final and binding on the parties and the Department on May 6, 2014. The [462]*462letter argued the correction made was not merely clerical, but was a prohibited, substantive change .that impacted WHS’s substantial interest. The letter also disputed the Referee’s conclusion of no misconduct.

On- June 4, 2014, the Referee entered a corrected decision making the change in the proposed corrected decision. WHS again sought review of the Referee’s jurisdiction and the finding of no misconduct with the Commission.

The Commission entered an order upholding the Referee’s actions in both regards. The Commission agreed that a referee would typically be without jurisdiction to rehear a case after expiration of the 20-day appeal period; however, it concluded that a referee could still make corrections so long as the corrections were clerical and not substantive corrections that would affect a party’s substantial interests; The Commission held, in correcting WHS’s chargeability in the conclusions of "law to render it consistent with the affirmance in the decisional paragraph, the Referee only remedied a clerical inconsistency. -Because- the Referee did not modify, the substantive outcome of, the case in the deci-sional paragraph, the Referee acted, within the scope of Florida Administrative Code Rule 73B-20.026(1) to clarify the actual effect of the Referee’s ruling and preserve WHS’s right to file a timely appeal.. The Commission also upheld the Referee’s finding of no misconduct because there was. not sufficient evidence to infer the degree of negligence or conscious disregard to justify disqualification. WHS sought review of the Commission’s .order in this Court.

We review the underlying, interpretations and applications of the law de novo. See Arbor Tree Mgmt., Inc. v. Fla. Unemployment Appeals Comm’n, 69 So.3d 376, 381 (Fla. 1st DCA 2011) (citing Chapman v. Fla. Unemployment Appeals Comm’n, 15 So.3d 716, 721 (Fla. 1st DCA 2009)). This Court generally gives deference to an agency’s interpretation and application of its laws. See Chapman, 15 So.3d at 721 (finding the de novo standard of review applied to review the appeals referee’s and Commission’s application of the law to the facts, but recognizing that the Commission’s interpretation of its statutes was entitled to great weight and would not be overturned unless it was clearly erroneous).

Florida agencies are creatures of statute and only have the authority and jurisdiction conferred by statutes. See Fiat Motors of. N. Am., Inc, v. Calvin, 356 So.2d 908, 909 (Fla. 1st DCA 1978). Section 443.151(4)(b)6.-, Florida Statutes (2013), provides that a referee’s decision is final unless an appeal is initiated with 20 days after the date of mailing or delivery of the notice of the decision. After expiration of the 20-day appeals period, the Department loses jurisdiction, and the case may not be reviewed or revisited by the Commission. See Fla. Admin. Code R. 73B-22.006; Molina v. Home Depot USA Inc., 941 So.2d 460, 461 (Fla. 3d DCA 2006) (stating the same principles under a previous version of the rule).

Here, it is undisputed that the proposed corrected decision issued after the 20-day time period expired. Under the plain language of section 443.151(4)(b)6., the original decision was already final at this time, and the Referee was divested of jurisdiction to make the correction. We are not persuaded by the Commission’s reliance on Taylor v. Department of Professional Regulation, Board of Medical Examiners, 520 So.2d 557 (Fla.1988), which-we find distinguishable from, the instant case; While Taylor recognized an agency’s inherent authority to correct clerical errors and errors arising from mistake [463]*463or inadvertence in order to align the order with the intention of the agency, the Court also specifically recognized that upholding the agency’s inherent authority in the case did not affect the doctrine of administrative finality and that inherent authority was not applied in a manner that would result in prejudice to a party. Id. at 560. In contrast here, expanding the agency’s jurisdiction to allow the correction prejudiced WHS. See also Dep’t of Rev. v. Vanamburg, 174 So.3d 640 (Fla. 1st DCA 2015).

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183 So. 3d 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whs-trucking-llc-v-reemployment-assistance-appeals-commission-fladistctapp-2016.