Opinion
No. 97-2661
October 14, 1998
State of Florida, Unemployment Appeals Commission; UAC Order No. 97-02309.
Mark F. Carbonell of Law Offices of Garcia, Elkins Carbonell, P.A., West Palm Beach, for appellant.
Jason H. Clark, West Palm Beach, for appellee Hardrives of Delray, Inc.
Claimant challenges the Unemployment Appeals Commission (UAC) order reversing the decision of the appeals referee and denying him unemployment compensation benefits. We reverse and remand for the UAC to reinstate the decision of the appeals referee.
The UAC can reverse an appeals referee's decision only when the referee's decision is not supported by competent evidence. See Maynard v. Florida Unemployment Appeals Comm'n, 609 So.2d 143, 145 (Fla. 4th DCA 1992). If the findings of the appeals referee are supported by competent substantial evidence, the UAC cannot reweigh the evidence and substitute its findings for that of the appeals referee.
After reviewing the record in the instant case, we conclude that the finding of the appeals referee that appellant voluntarily quit his employment with good cause attributable to his employer was supported by competent substantial evidence, and that the UAC erred when it reweighed the evidence.
Accordingly, we reverse the order of the UAC and remand for reinstatement of the appeals referee's decision.
REVERSED AND REMANDED
KLEIN and TAYLOR, JJ., and LABARGA, JORGE, Associate Judge, concur.