Sun States Services v. Grasiano

Full title: SUN STATES SERVICES, INC., d/b/a ALWAYS CARE, Appellant, v. HELEN GRASIANO…

Court: District Court of Appeal of Florida, Second District

Date published: Jul 31, 1998

714 So. 2d 1177 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-03917

July 31, 1998.

Appeal from the Unemployment Appeals Commission.

Gregory A. Hearing and Richard L. Bradford of Thompson, Sizemore Gonzalez, P.A., Tampa, for Appellant.

William T. Moore, Tallahassee, for Appellee Unemployment Appeals Commission.

FRANK, Judge.

Sun States Services, Inc. appeals from the order of the Unemployment Appeals Commission upholding the referee's determination that Helen Grasiano, the claimant, is eligible for unemployment compensation benefits. We reverse.

Sun States argues that this case should be remanded to the UAC for a determination of whether Grasiano, a temporary employee of Sun States who was permitted by it to refuse work, was "able and available for work" within the meaning of section 443.091(1)(c)1, Florida Statutes (1995). We agree with Sun States' position. See Sun States Services, Inc. v. Florida Unemployment Appeals Comm'n, 629 So.2d 858 (Fla. 5th DCA 1993). Moreover, the UAC concedes that Sun States should be permitted to seek a determination of this issue.

Accordingly, we reverse and remand.

CAMPBELL, A.C.J. and GREEN, J., concur.