CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1996 WL 637253
...(Lakeland Health), without good cause. We conclude that the Commission applied an incorrect rule of law by placing the burden on Ms. Lewis to prove she was not fired. Under the applicable statute, Ms. Lewis needed to establish only that she was "unemployed." § 443.091(1)(e), Fla.Stat....
...y that she was unemployed. It is clear that an employee has the initial burden to prove she is eligible for unemployment benefits. In establishing eligibility, an employee does not need to prove that she was fired, but only that she is "unemployed." § 443.091(1)(e), Fla.Stat....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 228, 1996 WL 13992
...the requalifying terms, and reinstated his unemployment benefits. Turnberry appealed, and after a formal hearing the claims officer ruled in Fernandez's favor. The Unemployment Appeals Commission affirmed, and Turnberry now appeals that affirmance. Section
443.091(2), Florida Statutes (1993), provides in part: No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in s.
443.036, and earned remuneration for such service in an amount equal to not less than 3 times his weekly benefit amount as determined for his current benefit year. (emphasis added). *256 At issue is whether the "remuneration" referred to in section
443.091(2) includes materials and supplies such that Fernandez can claim that the $40.00 he spent on pool chemicals, out of the $150.00 he was paid for the job, can be considered part of the total remuneration necessary for determining his eligibility for unemployment benefits....
...onsidered remuneration for service performed. A rule of liberal construction may not be employed to support a conclusion that has no basis either in the statute, rules of the commission, sound business practice, or common sense. The dissent has read section 443.091(2) out of context....
...evidence." Public Employees Relations Comm'n v. Dade County Police Benevolent Ass'n,
467 So.2d 987, 989 (Fla. 1985); Nelson v. Dade County Aviation Dep't,
616 So.2d 56 (Fla. 3d DCA 1993). The Commission's decision is not contrary to the language of section
443.091(2), Florida Statutes (1993), and the Commission, the agency entrusted with the interpretation of this section, rejected the employer's argument. Section
443.091(2) states: No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed services, whether or not in employment as defined in s....
...and not with a payment found to have been made for use of equipment, i.e., property." Id. at 652 (emphasis added). Similarly, in the instant case, the remuneration earned does not include amounts found to have been paid for the purchase of pool supplies. [3] Contrary to the majority's assertion, the dissent has not read section 443.091(2) in the disjunctive....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...n the United States under "color of law"). The dispositive question, as to twenty-one of the appellants, [2] is whether INS's *358 revocation of their authorizations to work, as a local policy matter, rendered appellants "unavailable" for work under section 443.091(1)(c)1., Florida Statutes (1985), [3] and therefore ineligible for unemployment compensation benefits....
...85-1554); Nordelus (Case No. 85-1645); Philogene (Case No. 85-1750); Saintil (Case No. 85-1643); Innocent (Case No. 85-1971); Jean (Case No. 85-2011); Moise (85-1934); Sanon (Case No. 85-1969); Zephyr (Case No. 85-1972); Stanis (Case No. 85-1747). [3] § 443.091 Benefit eligibility conditions....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1998 WL 551987
...n purportedly pursuant to our mandate, "otherwise eligible" to receive them. This is so because, they say, she did not comply with the supposed requirement that, even after her application was rejected, she continue to file claims for benefits under section 443.091(1)(b), Florida Statutes (1997)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 9549, 2009 WL 2004159
...43.036(1), Fla. Stat. (2007). "`Available for work' means actively seeking and being ready and willing to accept suitable employment." §
443.036(6), Fla. Stat. (2007); see McCormick v. Henry Koerber, Inc.,
252 So.2d 599, 601-02 (Fla. 1st DCA 1971). Section
443.091(1)(c), Florida Statutes (2007), states that an unemployed person is eligible to receive benefits for any week only if the AWI finds that "[s]he or he is able to work and is available for work." "The purpose of the availability prerequ...
...; or (c) Domestic responsibilities and conditions which substantially interfere with the claimant's ability to seek and accept suitable work. (6) For any period in which the claimant is participating in training approved by the Agency as provided in Section 443.091(1)(c)2., F.S., and Rule 60BB-3.022, F.A.C., the claimant is exempt from the requirements set forth in subsections (2) through (5) of this rule....
...e full-time employment when it becomes available. Thus, the only statutory basis for the referee to have found that Chapman is not "available for work" is that she has conducted a minimal search and is not "actively seeking" suitable employment. See § 443.091(1)(c), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2005 WL 3115938
...ess dismay that an official agency of the State of Florida and its counsel would show so little regard for the controlling holdings of an appellate court of the State of Florida. [2] The statutory scheme relied upon by the Commission is contained in section 443.091(1)(a), Florida Statutes (2002), and, at the time Mr....
...Without an estoppel argument by the appellant or the concession of "no prejudice" by the appellee, the majority's abrogation of these unambiguous statutory requirements during the pendency of an appeal is improper. The primary statutory provisions at issue are sections
443.091 and
443.111, Florida Statutes (2000). Titled "Benefit Eligibility Conditions," section
443.091 provides *784 that an unemployed individual shall be eligible for benefits only if she or he (1) has made a claim for benefits with respect to such week; (2) with limited exception, has registered for work at, and thereafter continued...
...Quite simply, for the weeks in question, Mr. Costarell failed to meet these express, unambiguous statutory conditions for the receipt of UC benefits. He never made a claim for benefits for these weeks; thus, he did not satisfy the benefit eligibility conditions of section 443.091....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...to benefits for the period between August 12, 1996 and September 27, 1996, when he was erroneously deemed in eligible. The sole basis for the ruling was that, during this period, he did not continue to file claims (as he did before and after) under section 443.091(1)(b), Florida Statutes (1997)....
...For those reasons, the order of the Unemployment Commission is reversed and the cause remanded with directions to afford Dines unemployment compensation benefits for August 12, 1996, through September 27, 1996. Reversed. NOTES [1] The statute provides: 443.091 Benefit eligibility conditions. (1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the division finds that: (b) She or he has registered for work at, and thereafter continued to report at, th...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1629293
...uit her job. See §
443.101(1)(a), Fla. Stat. (1997). Sienkiewicz appealed, and the referee determined she was entitled to compensation because she had been terminated and the employer had failed to prove the termination was for misconduct. See id.; §
443.091, Fla....
...Where an employee has been discharged, she is entitled to benefits unless the employer establishes she was terminated for misconduct. Again, Intrepid presented no evidence on this point. Accordingly, Sienkiewicz is entitled to unemployment compensation benefits. See § 443.091, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
..., to reject at will any offers to work which North Miami might, but was likewise not bound to extend on a day-to-day basis. We conclude that a person who, like Ms. Plaza, works only when she wants to is not "available for work" within the meaning of Section 443.091(1)(b), Florida Statutes (1981), and that she was therefore ineligible for unemployment compensation benefits....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2017 Fla. App. LEXIS 208
...benefits,
and therefore must repay the benefits she received, in the total amount of $4,655.
The basis of the Commission’s decision is that Bagarotti was not able to work and
be available for work during the benefits time period, as required by section
443.091(1)(d) of the Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 13727, 2010 WL 3583986
...Unemployment Appeals Comm'n,
15 So.3d 716, 721 (Fla. 1st DCA 2009). At the same time, we are mindful that the UAC's interpretation of the unemployment benefits statutes is entitled to great weight and will not be overturned unless clearly erroneous. Id. Section
443.091(1)(c), Florida Statutes (2009), provides that, to be eligible to receive unemployment compensation benefits, a claimant must be "able to work" and "available for work." A claimant has the burden to prove he or she is able and available to work within the meaning of Chapter 443....
...capable of performing the duties of the occupation in which work is being sought," and section
443.036(6), Florida Statutes (2009), provides that "available for work means actively seeking and being ready and willing to accept suitable employment." Section
443.091(1)(c) gives the Agency for Workforce Innovation the authority to develop criteria to determine a claimant's ability to work and availability to work....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2087
...ximately $18,000. The record also reflects that by June 21, 1984, Stolte had accepted employment with another employer which required occasional weekend duty. The appeals referee concluded that as a matter of law the claimant was available for work. Section 443.091(1)(c)1, Fla. Stat., and Rule 38B-2.19(3)(b), FAC, provide: 443.091 Benefit eligibility conditions....
...By adopting *962 the latter course, rather than the rule of erroneous interpretation of law, espoused by Plaza, we give proper respect to the powers legislatively entrusted to the Division over the subject of unemployment compensation. As reflected in the majority's opinion, Section 443.091(1), (c)1, confers upon the Division the decision of whether a claimant is able to work and is available for work so as to be eligible to receive unemployment compensation benefits....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...oying unit, and worked less than his normal customary full time hours ... because of lack of full time work." Fla. Admin. Code Rule 38B-2.12(1)(a) (emphasis added). Eligibility for unemployment benefits is also contingent upon availability for work. § 443.091(1), Fla....
...3d DCA 1983), the court held that a respiratory therapist who worked for the hospital only when she wanted to was not eligible for unemployment compensation benefits. The court stated: [w]e conclude that a person who, like Ms. Plaza, works only when she wants to is not `available for work' within the meaning of section 443.091(1)(b), Florida Statutes (1981), and that she was therefore ineligible for unemployment benefits....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1552
...The referee, however, addressed the disqualification issue without first determining that the claimant met the eligibility requirements of the statute, and appellant argues here the claimant was not eligible for benefits because he was not able to or available for work. Section 443.091 lists the conditions under which the claimant is eligible to receive benefits: Benefit eligibility conditions. (1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the division finds that: * * * * * * (c)1. He is able to work and is available for work. § 443.091, Fla....
...s it used in this statutory provision: Able and Available. (1) This rule establishes criteria for determining a claimant's ability to work and availability for work and shall govern the interpretation of Section 443.05(1)(c)1., Florida Statutes [now section 443.091]....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2185336
...The Commission upheld the denial of benefits on the remaining claims because at the time of the hearing, the claimant was physically unable to work. The Commission states that under the statute, in *11 order to claim unemployment benefits, it is required that the claimant "is able to work and is available for work." § 443.091(1)(c)1., Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 75, 2002 WL 15566
...In this appeal from the denial of unemployment compensation benefits, John D. Fish argues that the Unemployment Appeals Commission erred in upholding the referee’s decision that he had not been “paid wages for insured work equal to 1.5 times ... his high quarter wages during ... his base period.” § 443.091(1)©, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2955024
...ment Service is created as a separate system of personnel administration for positions in the executive branch the duties and responsibilities of which are primarily and essentially policymaking or managerial in nature. §
110.402, Fla. Stat.(2003). Section
443.091(1)(f), Florida Statutes provides that an unemployed individual is eligible to receive benefits if the Agency finds that the individual "has been paid wages for insured work equal to 1.5 times her or his high quarter wages during her or his base period." §
443.091(1)(f), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 323149
...ts under section
443.101(2), Florida Statutes (1991), for "fail[ing] without good cause ... to accept suitable work... ." There is no indication whether the examiner ever considered whether Berger was eligible for unemployment, within the meaning of section
443.091(1)(c)1, Florida Statutes (1991)....
...In response to the claim determination, Sun timely sent the Division a letter requesting a "reconsideration and appeal", arguing at length that Berger was not eligible for unemployment because she had not been "available for work" within the meaning of section 443.091(1)(c)1....
...the work offered by Sun. The order was later affirmed by the Unemployment Appeals Commission (the "Commission"). On appeal, Sun again contends that Berger was ineligible for unemployment because she was not "available for work" within the meaning of section 443.091....
...and the Commission has cited us none. See generally Fla. Admin. Code R. 38B-3.017. Chapter 443 places the duty on the Division affirmatively to determine that a claimant is "able to work and available for work" prior to making an award of benefits. § 443.091(1)(c)1, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 15167, 2002 WL 31322543
...ineligible for unemployment compensation and ordering repayment of $183.00 in unemployment benefits. On August 21, 2001, Dixon was found ineligible for unemployment compensation because he was not “able and available for work” in accordance with Section 443.091(l)(c)l, Florida Statutes (2001)....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19046, 2011 WL 5965805
...The appeals referee made no mention of her uncontradicted testimony of searching the internet for jobs in Okeechobee County. To be eligible to receive unemployment benefits in any week, a claimant must show, among other requirements, that she is "able to work and is available for work." § 443.091(1)(d), Fla....
CopyPublished | Florida 4th District Court of Appeal
...“Reemployment assistance” is defined as, “[C]ash
benefits payable to individuals with respect to their unemployment pursuant to
the provisions of this chapter. . . . Any reference to reemployment assistance
shall mean compensation payable from an unemployment fund as defined in 26
U.S.C. s. 3306(f).” Id. Under section 443.091’s “benefit eligibility conditions,” the
person seeking reemployment assistance must be “able to work and is available
for work.” § 443.091(1)(d), Fla....
...The plain reading of “income
disability act” means an act that provides income assistance for persons
with a disability. A person cannot qualify for unemployment compensation
unless he or she is physically able to work; unemployment compensation
cannot fit within the term “income disability act.” §§ 443.091(1)(d),
.036(1), Fla....
...under which wages, or payments in lieu of wages, are paid to an
employee for a period during which he is absent from work on account of
a personal injury or sickness.”
Unemployment compensation would not fall under this section as it
does not involve sickness or injury. See § 443.091(1)(d), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 17061, 2003 WL 22658159
...s that Winters received during this period was an overpayment on her unemployment claim. Winters appealed this decision and the UAC affirmed. She now appeals the UAC decision. To be entitled to unemployment benefits, a person must be unemployed. See § 443.091(1), Fla....
...ram. Therefore, the evidence does not support a finding that Winters was providing services to First Warranty or earning income payable to her from First Warranty during the first three weeks of January. Thus, pursuant to sections
443.036(39)(a) and
443.091(1) of the Florida Statutes, Winters was totally unemployed and entitled to receive unemployment benefits....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 6402, 2004 WL 1057707
...ffirming the appeals referee’s decision that he was not entitled to benefits for a portion of the time he was unemployed. The sole basis for the UAC’s af-firmance is that Costarell failed to continue claiming unemployment benefits as required by section 443.091(a), Florida Statutes (2002), during the pendency of his appeal from the appeals referee’s determination that he was ineligible for benefits....
...al would be tantamount to requiring the claimant to “perform! ] a series of useless acts.” Id. at 379 (quoting Savage v. Macy’s E., Inc.,
719 So.2d 1208, 1209 (Fla. 3d DCA 1998)). Additionally, it determined the statutory filing requirement of section
443.091 to be “advisory or directory only.” Id....
...City of Gainesville,
768 So.2d 432, 435 (Fla.2000) (noting that the first step a court must take in interpreting a statute is to look at its actual language and then proceed to rules of statutory construction only when the language is unclear). Moreover, the legislature’s recent amendment to sections
443.091 and
443.111 reinforces our conclusion that its original intent was to require claimants to continue to file for benefits during the pendency of any appeal....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 5938, 2001 WL 467554
....00, etc. Parties are bound by the clear words of their agreements and a subsequent interpretation in *371 conflict with the clear meaning cannot be given effect. 4 AFFIRMED. GRIFFIN and SAWAYA, JJ., concur. . §
443.036(16), Fla. Stat. (Supp.1998); §
443.091, Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 6009, 1998 WL 275621
...The referee further found that benefits were paid for the weeks ending June 7, 1997, June 14, 1997 and June 21, 1997, although the school year ended June 2, 1997; the academic term started on August 5, 1997 and appellant had reasonable assurance of returning as a substitute. Section 443.091(3)(a) and (c), Florida Statutes (1996) provides that no benefits shall be paid for any period of unemployment between two academic years or during an established or customary vacation period or holiday recess where services were perfo...
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 7215, 2005 WL 1163256
...Therefore, Kratz does not fall under the exception to the general rule that “an unemployed individual is eligible to receive benefits for any week only if the Agency for Workforce Innovation finds that ... she or he is able to work and is available for work.” § 443.091(l)(e)l., Fla. Stat. (2004). Rule 60BB-3.022 was promulgated under the authority of section 443.091(l)(c)2....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4789, 1994 WL 195491
...Because Bell’s discharge was not attributable to her misconduct, the Commission believes she should be eligible for unemployment compensation benefits. The Commission, however, has overlooked the fact that Bell, who would work only when she desired, was not “available for work” as that term is used in section 443.091(l)(c)l, Florida Statutes (1993), and thus she was not eligible for unemployment compensation benefits....
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 7613, 2012 WL 1697032
...to any individual, if the individual performs those services in the first of those academic years or terms and there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution ... in the second of those academic years or terms. § 443.091(3)(a), Fla....
...d has a ‘reasonable assurance’ of working for the employer in a similar capacity during the second of those school years.” The Commission, in affirming the decision of the referee, provided no analysis or comment. The referee erred in applying section 443.091(3)(a) to Ms....
...Duran “could be called back on the first day of school if ... a school needs her.” A reasonable assurance of employment is a factor to be considered only in the case of an educator, researcher, or administrator who was not terminated. The plain language of the section 443.091(3)(a) establishes two necessary criteria for the disqualification from receiving unemployment benefits during the interval between academic years: (1) performing educational, research, or administrative services in the first of two su...
...ly approved unemployment benefits from April 19, 2009 through April 18, 2010. *1177 The Agency properly found that Ms. Duran was eligible for benefits as a result of her termination, but incorrectly determined her eligibility between the terms since section 443.091(3)(a) is not applicable to her situation....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 4413, 2006 WL 784768
PER CURIAM. We affirm the order denying appellant unemployment compensation benefits. An unemployment benefits claimant is not entitled benefits for a new benefit year until the requirements of section 443.091(2), Florida Statutes (2005), are met....
CopyPublished | District Court of Appeal of Florida | 38 Educ. L. Rep. 1314, 12 Fla. L. Weekly 870, 1987 Fla. App. LEXIS 7339
is also contingent upon availability for work. §
443.091(1), Fla.Stat. (1985). It is undisputed that under
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 4161, 2012 WL 880654
...An appeals referee affirmed the determination of ineligibility, and the Unemployment Appeals Commission (“Commission”) affirmed the referee’s decision, finding it supported by competent, substantial evidence. We affirm the Commission’s order. Under section 443.091(3)(a), Florida Statutes (2010), unemployment benefits are not payable for instructional services at an educational institution during the period between academic years or terms if the individual seeking benefits performed those servic...
...ual will perform services in any such capacity for any educational institution ... in the second of those academic years or terms.” Benefits are similarly not payable during “an established and customary vacation period or holiday recess ....” § 443.091(3)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4060, 1990 WL 73235
...equired fourteen-day reporting period and he further had not shown good cause for the submission of the late claim. The claims examiner then determined the appellant to be ineligible for benefits for the period of April 9, 1989 through May 13, 1989. Section 443.091(1), Florida Statutes (1987) provides that in order to be eligible to receive compensation benefits for a weekly pay period, a claimant must lodge a claim in accordance with the division’s rules....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 8978, 2011 WL 2415839
...PER CURIAM. Caridad M. Oliva appeals an order of the Unemployment Appeals Commission affirming the appeal referee's finding that Ms. Oliva was disqualified from receiving benefits because she was not "able to work and available for work" as required by section 443.091(1)(c)1., Florida Statutes (2010)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 8952, 2000 WL 966298
...Unemployment Appeals Comm’n,
710 So.2d 108 (Fla. 4th DCA 1998), the referee erred in interpreting section
443.101(l)(e), Florida Statutes. We therefore REVERSE the Commis- sion’s order and REMAND for a determination of Claimant’s eligibility for benefits pursuant to section
443.091(l)(c)l., Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 2814006, 2012 Fla. App. LEXIS 11108
...is application for unemployment benefits during the summer of 2010. This appeal turns on whether a statute disqualifying teachers from receiving unemployment benefits for the summer vacation in between school years applies to Mr. Vidal. We find that section 443.091(3)(a), Florida Statutes (2010), does apply to Mr....
...Vidal was an active certified substitute teacher for the Miami-Dade County School Board from 2004-2011, and RAAC denied his request for unemployment benefits for the summers in between the 2009-2010 and 2010-2011 school years. An appeals referee found that Mr. Vidal was ineligible for benefits under section 443.091(3)(a), Florida Statutes (2010), because he was a certified substitute teacher and had reasonable assurance he would have work after the summer based upon his employment tradition as a substitute school teacher....
...3d DCA 2006). Courts must defer to RAAC’s factual findings, but may overturn decisions with erroneous conclusions of law. City of Coral Gables v. Coral Gables Walter F. Stathers Mem’l Lodge 7,
976 So.2d 57, 63 (Fla. 3d DCA 2008). RAAC relied on section
443.091 for its decision denying Mr....
...for any week of unemployment commencing during the period between 2 successive academic years ... and there is a contract or a reasonable assurance that the individual will perform services in any such capacity for such educational institution ... in the second of those academic years ....” § 443.091(3)(a), Fla....
...mmer break since 2004, that he had documentation that he was certified as a substitute teacher, and he knew that schools had his name and phone number to call him to substitute because he was certified and authorized to work as a substitute teacher. Section 443.091(3)(a) does not require that Mr....
CopyPublished | Florida 3rd District Court of Appeal | 2002 WL 113467
PER CURIAM. Ira Bloom appeals an order of the Florida Unemployment Appeals Commission, which affirmed the denial of unemployment compensation benefits. It appears that the order is consistent with the applicable law. See § 443.091(1)(c)1., Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 573534, 2012 Fla. App. LEXIS 2705
...report at least biweekly ... to attest to the fact that she or he is able and available for work, has not refused suitable work, is seeking work, and, if she or he has worked, to report earnings from that work." §
443.111(1)(b), Fla. Stat. (2009). Section
443.091(1), Florida Statutes (2009), provides that an unemployed individual is eligible to receive weekly benefits only if he has made a claim for benefits for that week in accordance with the rules adopted by the AWI....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 19294, 2005 WL 3334576
...In his decision, Referee Pearson acknowledged that Mr. Grover had opened his own private investigation firm following his discharge. Brumell Investigations filed an appeal of the referee’s decision, questioning whether Mr. Grover was “available for work” within the meaning of section 443.091(l)(c)(l), Florida Statutes (2002), because he was self-employed....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 12895, 21 Fla. L. Weekly Fed. D 2661
...The Commission affirmed the decision of an appeals referee denying unemployment benefits to Ms. Botto for a five-week period during which she was in training. We reverse and remand for further proceedings because the referee failed to address the application of section 443.091(l)(c)2., Florida Statutes (1995), to the facts of this case....
...Once she began the program, however, her unemployment benefits were discontinued. Ms. Botto appealed the denial of benefits. The referee determined that she was not entitled to benefits for the five-week period she attended school because she was not “able to work and ... available for work,” as required by section 443.091(l)(e)l., Florida Statutes (1995). As previously noted, the Unemployment Appeals Commission affirmed the referee’s decision. The appeals referee’s order fails to consider the legal effect of section 443.091(l)(c)2. That section provides that a person in training with the approval of the department shall not be denied benefits by reason of the application of the provision in section 443.091(l)(e)l....
...3d DCA 1994) (qualified training program under section 443.231, Florida Statutes, is a vocational or technical school or class designed to prepare the participant for employment in a recognized occupation; college courses do not qualify). Yet, the referee applied section 443.091(l)(c)l. without setting forth any findings that showed section 443.091(l)(c)2....
...It appears that the referee utilized the wrong statute in this case. We, therefore, reverse the Unemployment Appeals Commission’s order denying Ms. Botto benefits for the period of time she attended fire inspector school. We remand to the appeals referee to consider whether section 443.091(l)(c)2....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9738, 1998 WL 432810
...Because appellant failed to produce a record of the proceedings below, we affirm on the authority of Applegate v. Barnett Bank of Tallahassee,
377 So.2d 1150 (Fla.1979). White contends that the denial of unemployment benefits was erroneous because the work she declined was not “suitable employment” as defined in section
443.091(l)(c)(3), Florida Statutes (1995)....
...Without knowing the factual context, neither can an appellate *668 court reasonably conclude that the trial judge so misconceived the law as to require reversal. Applegate,
377 So.2d at 1152 . Accordingly, the order on appeal is AFFIRMED. BENTON, VAN NORTWICK and PADOVANO, JJ., concur. . Section
443.091(l)(c)(3), Florida Statutes (1995), provides in pertinent part, as follows: [T]he term “suitable employment” means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affe...
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4488941, 2013 Fla. App. LEXIS 13603
...that he would be rehired for the upcoming school year.” The record contains competent substantial evidence to support this factual finding, and based on this finding, the referee and the RAAC correctly concluded as a matter of law that Appellant was ineligible for benefits. See § 443.091(3)(b), (3)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 9469, 1997 WL 472074
...sufficient number of weeks worked to render him eligible for unemployment benefits. In order to be eligible for unemployment benefits, a claimant must have received at least 20 weeks of earnings from insured work during the relevant base period. See § 443.091, Fla....
...sick leave payments, and not on services performed, the UAC upheld the referee’s refusal to credit the claimant with any weeks of work for the first three quarters of 1994 and credited him with only 12 weeks of work for the last quarter of 1993. 2 Section 443.091 sets forth benefit eligibility conditions, with subsection 443.091(l)(f) containing the eligibility requirement at issue in this case....
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 3952, 2000 WL 346139
PER CURIAM. As the appeal referee correctly found, the appellant was not eligible for the unemployment compensation benefits sought in this proceeding simply because she had not been employed for a qualifying period under the statute. See § 443.091(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 4261, 1998 WL 186813
...ee’s decision denying him unemployment benefits and requiring him to repay overpaid benefits. We affirm because the record contains competent, substantial evidence to support the conclusion that Neville failed to seek full-time work as required by section
443.091(1)(c), Florida Statutes (1995), and must repay benefits to which he was not entitled, pursuant to section
443.151(6), Florida Statutes (1995)....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 5613, 2006 WL 1098277
...ion. This court explained: It is clear that an employee has the initial burden to prove she is eligible for unemployment benefits. In establishing eligibility, an employee does not need to prove that she was fired, but only that she is "unemployed." § 443.091(1)(e), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5510
...“Reemployment assistance” is defined as, “cash
benefits payable to individuals with respect to their unemployment pursuant to
the provisions of this chapter. . . . Any reference to reemployment assistance
shall mean compensation payable from an unemployment fund as defined in 26
U.S.C. s. 3306(f).” Id. Under section 443.091’s “benefit eligibility conditions,”
the person seeking reemployment assistance must be “able to work and is
available for work.” § 443.091(1)(d), Fla....
...The plain reading of “income
disability act” means an act that provides income assistance for persons
with a disability. A person cannot qualify for unemployment compensation
unless he or she is physically able to work; unemployment compensation
cannot fit within the term “income disability act.” §§ 443.091(1)(d),
.036(1), Fla....
...under which wages, or payments in lieu of wages, are paid to an
employee for a period during which he is absent from work on account of
a personal injury or sickness.”
Unemployment compensation would not fall under this section as it
does not involve sickness or injury. See § 443.091(1)(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3831, 1998 WL 171487
...authorization from the Immigration and Naturalization Service giving him permission to work in the United States. The referee concluded Posse was ineligible for benefits because he was not “able to work and [ ] available for work” as required by section 443.091(l)(c), Florida Statutes (Supp.1996)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19589
...The Commission based its decision upon its reading of §§
443.101 &
443.151 Fla. Stat. (1981) (the chapter was reorganized by the 1980 legislature; for clarity only the current section numbers will be used in this opinion), coupled with Rule 38B-2.14 F.A.C. Section
443.091 Fla.Stat....
...redeter-minations under §
443.101. The division did this in Rule 38B-2.14 F.A.C. The right to appeal is given to parties entitled to notice, §
443.151(4)(b). The Commission argues that §
443.151(3)(d) Fla.Stat. (1981) cuts off the right to appeal §
443.091 issues. We disagree. By its plain language § 443.-151(3)(d) applies only to §
443.101 issues. The more general provisions of § 443.-151(3)(c) apply in redeterminations based on other sections. The employer is raising a §
443.091 issue, so §
443.151(3)(d) has no application, and therefore neither would Rule 38B-2.14....
