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Saxion v. Life Care Centers, America

District Court of Appeal of Florida, Second District
Mar 18, 1998
707 So. 2d 410 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-02139.

Opinion filed March 18, 1998.

Appeal from the State of Florida, Unemployment Appeals Commission.

Joanne L. Saxion, Pro Se Appellant.

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


Claimant challenges the Unemployment Appeals Commission (U.A.C.) order reversing the decision of the appeals referee and denying her unemployment compensation benefits. We reverse.

The U.A.C. can reverse a finding by the appeals referee only when the referee's decision is not based on substantial, competent evidence. See Tedder v. U.A.C., 697 So.2d 900 (Fla. 2d DCA 1997). The U.A.C. cannot reweigh evidence and substitute its findings of fact for that of the referee.See Georgia v. U.A.C., 647 So.2d 279 (Fla. 2d DCA 1994); Studor, Inc. v. Duren, 635 So.2d 141 (Fla. 2d DCA 1994).

In the instant case, the record supports the decision of the appeals referee that claimant consistently performed her duties as a nurse to the best of her ability and that any errors made were not intentional and were within the employer's accepted guidelines. Since there is competent, substantial evidence to support the referee's findings that claimant was not careless or negligent, the U.A.C. erred in reversing that determination.

Accordingly, we reverse the order of the U.A.C. and remand for reinstatement of the appeals referee's decision.

BLUE and FRANK, JJ., Concur.


Summaries of

Saxion v. Life Care Centers, America

District Court of Appeal of Florida, Second District
Mar 18, 1998
707 So. 2d 410 (Fla. Dist. Ct. App. 1998)
Case details for

Saxion v. Life Care Centers, America

Case Details

Full title:JOANNE L. SAXION, Appellant, v. LIFE CARE CENTERS OF AMERICA, INC., and…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 18, 1998

Citations

707 So. 2d 410 (Fla. Dist. Ct. App. 1998)