Dines v. FLA. UNEMPLOYMENT APPEALS COM'N, No. 97-431
Decision Date | 31 March 1999 |
Docket Number | No. 97-431, No. 97-3548. |
Parties | David M. DINES, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee. |
Court | Florida District Court of Appeals |
David M. Dines, in proper person.
John D. Maher, Tallahassee, for Unemployment Appeals Commission.
Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ. SCHWARTZ, Chief Judge.
The appellant left his previous employment on July 14, 1996, and made a claim for unemployment compensation benefits on July 18, 1996. Although his application was originally denied by the claims adjudicator on August 12, 1996, he appealed and, on September 27, 1996, the appeals referee reinstated the claim and ordered an award of benefits. In the order now under review, however, the unemployment appeals commission affirmed another appeals referee decision that he was not entitled 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).1 We reverse.
Allied Fidelity Ins. Co. v. State, 415 So.2d 109, 111 (Fla. 3d DCA 1982), it is apparent that, in this context, the statutory requirement for the filing of weekly reports must be deemed to be advisory or directory only. Allied, 415 So.2d at 111. In the admitted absence of any prejudice to the Commission or the employer, therefore, the failure to make them cannot result in the forfeiture of benefits to which the unemployed applicant is otherwise entitled by law. See Department of Bus. Regulation, Div. of Pari-Mutuel Wagering v. Hyman, 417 So.2d 671 (Fla.1982)(applying principle of administrative harmless error); Ewing v. Kaplan, 474 So.2d 302 (Fla. 3d DCA 1985), and cases cited, review denied, 486 So.2d 595 (Fla. 1986).
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.
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, the division, which shall be...
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