Grell v. Fla. Unemployment Appeals Comm'n
| Decision Date | 16 September 2010 |
| Docket Number | CASE NO. 1D09-6510 |
| Parties | GREG GRELL, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee. |
| Court | Court of Appeal of Florida (US) |
Greg Grell, pro se, Appellant.
Geri Atkinson-Hazelton, General Counsel, and M. Elaine Howard, Deputy General Counsel, Tallahassee, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from an order of the Unemployment Appeals Commission.
Greg Grell, Appellant, appeals from a final order issued by the Unemployment Appeals Commission ("UAC") affirming in part and reversing in part an appeals referee's determination that Appellant was ineligible for benefits for a specified time period. Because Appellant presented undisputed evidencesupporting an award of benefits for the entire period, and the referee's findings explaining the denial of benefits are not supported by competent, substantial evidence, the basis for the referee's decision is unclear. Accordingly, we reverse the portion of the UAC's order affirming the denial of benefits and remand for clarification.
On July 2, 2009, Appellant quit his job as a facility maintenance lead at the V&W Warehouse for Schenker Logistics for health reasons. He filed for unemployment compensation benefits, and the Florida Agency for Workforce Innovation initially denied his claim, stating that he was "unable to work due to illness" and that he was "not able and available for work as required by law." He appealed.
At a hearing before an appeals referee on September 14, 2009, Appellant, the sole witness, testified as follows. In the past, Appellant worked in the automotive industry as a technician, in the customer service department, and in the parts department. After quitting his job at V&W Warehouse, Appellant "registered with quite a number of different job services," searching for at least two or three jobs per week. Appellant was looking for work that he thought he was capable of doing "outside of the actual physical work" he had done in his previous position. His medical condition prevented him from "being up on [his] feet all day." In particular, Appellant was looking for an "office or desk type job." He indicatedthat he could do "computer work" and "paperwork." Appellant testified that he had not had any restrictions placed on him by a physician.
Appellant could not produce a physical job log. He explained that he had registered online and mistakenly thought the websites where he registered would maintain a record. Once Appellant realized that the websites did not keep such records, he began writing down the names of the places where he applied. However, he could not remember the names of all the places where he applied. The referee informed Appellant that she would review the records he had maintained of the specific places where he had applied and determine his eligibility for benefits based on those records. Appellant then named four different automotive companies where he applied during the two-week period immediately preceding the hearing.
The referee issued a decision with the following findings of fact and conclusions of law:
Findings of Fact: The claimant worked as a maintenance lead, and has worked in automotive maintenance. The claimant has not performed any other type of work. The claimant last worked on July 2, 2009[.] [T]he claimant underwent a series of surgeries on his feet, knees and shoulders that have limited his ability to perform the duties of the claimant's customary position. The claimant applied for unemployment compensation benefits effective July 5, 2009, and was expected to make at least two job contacts per week. The claimant presented testimony of two or more job contacts for only one week since becoming unemployed, the week of September 8, 2009. However[,] at least two of the jobs to which the claimant applied involve activities similar to the claimant's customary line of employment, and would require the claimant to perform many of the same tasks. The claimant has seen a physician regarding his injuries, but does not have any documentation to show his ability to return to his regular occupation.
Conclusions of Law: The regulations of the Agency provide that to be considered available for work, a claimant must be ready and willing to accept suitable employment. In addition, the claimant must be applying for work with prospective employers without undue restrictions that lessen the chance of becoming reemployed at the earliest possible time.
The record and evidence in this case show that the claimant is not able and available for work. The claimant has experience in only one occupation but has not been able to return to that occupation. As well, the claimant did consult a physician, but did not receive any clearance for his medical condition. Therefore, it is concluded that the claimant is not able and available for work within the meaning of the law.
Ultimately, the referee determined that Appellant was not eligible for benefits for the period from July 5, 2009, through September 14, 2009, because he was not "able and available for work." Appellant appealed to the UAC.
The UAC concluded that the findings explaining the referee's decision to deny benefits for the weeks ending September 5, 2009, and September 12, 2009, were not supported by competent, substantial evidence. Specifically, the UAC found that even though Appellant had medical conditions that prevented him from working at his previous employment, such conditions did not preclude his application to similar positions if reasonable accommodations could be made to permit such employment. Additionally, the UAC observed that Appellant had made two job contacts per week for the weeks ending September 5, 2009, and September 12, 2009. Accordingly, the UAC held that Appellant was able to workand available for work during those two weeks. For this reason, the UAC reversed the referee's denial of benefits as to that period. However, the UAC affirmed the referee's findings that Appellant was ineligible for receipt of benefits for the week ending July 11, 2009, through the week ending August 29, 2009. Appellant now appeals the UAC's affirmation of the denial of benefits during those weeks.
This Court reviews an appeals referee's factual findings to determine whether they are supported by competent, substantial evidence in the record. See Howell & O'Neal v. Fla. Unemployment Appeals Comm'n, 934 So. 2d 570, 571 (Fla. 1st DCA 2006). However, we review de novo whether the appeals referee and the UAC correctly applied the law. Chapman v. Fla. 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. Chapman, 15 So. 3d at 721. Further, section 443.036(1), Florida Statutes (2009), provides that "able to work means physically and mentally 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...
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