Annotations, Discussions, Cases:
Cases Citing Statute 443.091
Total Results: 61
685 So. 2d 876, 1996 WL 637253
District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1735081
Cited 16 times | Published
...(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....
666 So. 2d 254, 1996 Fla. App. LEXIS 228, 1996 WL 13992
District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 452588
Cited 8 times | Published
...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....
487 So. 2d 355
District Court of Appeal of Florida | Filed: Apr 15, 1986 | Docket: 154902
Cited 8 times | Published
...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....
719 So. 2d 1208, 1998 WL 551987
District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 1351549
Cited 7 times | Published
...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)....
15 So. 3d 716, 2009 Fla. App. LEXIS 9549, 2009 WL 2004159
District Court of Appeal of Florida | Filed: Jul 13, 2009 | Docket: 1660846
Cited 6 times | Published
...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....
916 So. 2d 778, 2005 WL 3115938
Supreme Court of Florida | Filed: Nov 23, 2005 | Docket: 1187243
Cited 5 times | Published
...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....
730 So. 2d 378
District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 1645759
Cited 4 times | Published
...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...
774 So. 2d 739, 2000 WL 1629293
District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1330989
Cited 3 times | Published
...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....
432 So. 2d 723
District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 1264187
Cited 3 times | Published
..., 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....
208 So. 3d 1197, 2017 Fla. App. LEXIS 208
District Court of Appeal of Florida | Filed: Jan 11, 2017 | Docket: 4565897
Cited 3 times | Published
during the benefits time period, as required by section 443.091(l)(d) of the Florida Statutes. Because we cannot
44 So. 3d 201, 2010 Fla. App. LEXIS 13727, 2010 WL 3583986
District Court of Appeal of Florida | Filed: Sep 16, 2010 | Docket: 2401909
Cited 2 times | Published
...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....
475 So. 2d 959, 10 Fla. L. Weekly 2087
District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1301932
Cited 2 times | Published
...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....
504 So. 2d 505
District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 453548
Cited 2 times | Published
...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....
508 So. 2d 786, 12 Fla. L. Weekly 1552
District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1648889
Cited 2 times | Published
...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]....
983 So. 2d 10, 2008 WL 2185336
District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 2558168
Cited 1 times | Published
...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....
892 So. 2d 1129, 2004 WL 2955024
District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 472025
Cited 1 times | Published
...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....
629 So. 2d 858, 1993 WL 323149
District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 1264559
Cited 1 times | Published
...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....
76 So. 3d 27, 2011 Fla. App. LEXIS 19046, 2011 WL 5965805
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2352159
Published
...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....
District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609432
Published
...“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....
432 So. 2d 723, 1983 Fla. App. LEXIS 19586
District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 64597431
Published
“available for work” within the meaning of Section 443.091(1)(b), Florida Statutes (1981), and that she
63 So. 3d 890, 2011 Fla. App. LEXIS 8978, 2011 WL 2415839
District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 500767
Published
...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)....
414 So. 2d 628, 1982 Fla. App. LEXIS 20204
District Court of Appeal of Florida | Filed: Jun 1, 1982 | Docket: 64590285
Published
reporting requirements, within the meaning of section 443.091(1)(a) Florida Statutes (1980). See Bagwell
804 So. 2d 1285, 2002 WL 113467
District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 64811737
Published
order is consistent with the applicable law. See § 443.091(1)(c)1., Fla. Stat. (2001); Florida Indus. Comm’n
80 So. 3d 445, 2012 WL 573534, 2012 Fla. App. LEXIS 2705
District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 2413988
Published
...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....
927 So. 2d 127, 2006 Fla. App. LEXIS 5613, 2006 WL 1098277
District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 1761282
Published
...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....
166 So. 3d 831, 2015 Fla. App. LEXIS 5510
District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679390
Published
...“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....
412 So. 2d 910, 1982 Fla. App. LEXIS 19589
District Court of Appeal of Florida | Filed: Apr 1, 1982 | Docket: 64589335
Published
opinion), coupled with Rule 38B-2.14 F.A.C. Section 443.091 Fla.Stat. (1981) establishes availability for
