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Mancebo v. Dep. of Labor

District Court of Appeal of Florida, Third District
Oct 25, 2000
770 So. 2d 228 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1152.

Opinion filed October 25, 2000. JULY TERM, A.D. 2000

An Appeal from the Florida Unemployment Appeals Commission. LOWER TRIBUNAL NO. 00-01003

Mario Mancebo, in proper person; Alexander J. Labora, for appellant.

John D. Maher (Tallahassee), for Unemployment Appeals Commission.

Rolando A. Amador, as amicus curiae.

Before SCHWARTZ, C.J., and SHEVIN and RAMIREZ, JJ.


The only disputed issue in this unemployment compensation proceeding was whether the claimant was "able and available" for work under sections 443.036(1),(6) and 443.091(1)(c)1, Florida Statutes (1999). On this point, the appeals referee found as follows:

The claimant is of Cuban nationality and entered the United States on December 14, 1960. The claimant also has a valid driver's license and an unrestricted social security card and an I 94 with no restrictions.

The record shows that the claimant has sufficient documentation to authorize his work status in the United States. Accordingly, the referee concludes that the claimant is authorized to work in this country.

For no discernible reason, this plainly correct determination was reversed by the Unemployment Appeals Commission, with an accompanying and similarly erroneous order for Mancebo to return the benefits he had already received. That decision was plainly wrong and is itself reversed. The cause is remanded with directions to vacate the order of recoupment and to award the appellant the full amount of benefits claimed.


Summaries of

Mancebo v. Dep. of Labor

District Court of Appeal of Florida, Third District
Oct 25, 2000
770 So. 2d 228 (Fla. Dist. Ct. App. 2000)
Case details for

Mancebo v. Dep. of Labor

Case Details

Full title:MARIO MANCEBO, Appellant, v. DEPARTMENT OF LABOR EMPLOYMENT SECURITY…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 25, 2000

Citations

770 So. 2d 228 (Fla. Dist. Ct. App. 2000)