Opinion

Oliva v. UNEMPLOYMENT APPEALS COMMISSION

  • 63 So. 3d 890
  • 2011 Fla. App. LEXIS 8978
  • 2011 WL 2415839
Court
District Court of Appeal of Florida
Filed
Jun 17, 2011
Status
Published
On the bench
Orfinger, Cohen, Jacobus
Cited by
1 cases
Authority
More cited than 83.9%

The opinion

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(l)(c)l., Florida Statutes (2010). We affirm.

*891

The determination that an employee is, or is not, able and available for work is a question of fact.

See Brown v. Unemployment Appeals Comm’n,

820 So.2d 457, 458 (Fla. 5th DCA 2002). An appeal referee’s factual determination is ordinarily presumed to be correct.

Smith v. Unemployment Appeals Comm’n,

823 So.2d 873, 874 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to support the appeal referee’s findings, this Court must affirm.

Brown,

820 So.2d at 458 . The record before us fully supports the finding of the referee. We cannot reweigh the evidence. Accordingly, we affirm.

AFFIRMED.

ORFINGER, COHEN and JACOBUS, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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