Florida/Georgia Personal Injury & Workers Compensation

...Upon review, the Unemployment Appeals Commission (UAC) reversed, holding that Ms. Verner voluntarily left her employment without good cause. Thus, the UAC determined that Ms. Verner was disqualified from receiving unemployment compensation benefits under section 443.151(4)(e), Florida Statutes (1983)....

...See Flagler County Sheriff's Department v. Department of Labor and Employment Security, 421 So.2d 1107 (Fla. 5th DCA 1982); David Clark & Associates, Inc. v. Kennedy, 390 So.2d 149 (Fla. 1st DCA 1980). The UAC may modify or reverse the findings and conclusions of the appeals referee under section 443.151(4)(c), Florida Statutes (1983), only where the referee's findings and conclusions are not based on substantial, competent evidence....

...duct and therefore not entitled to benefits. Espinoza's notice of appeal was deemed to be untimely filed where he faxed his notice of appeal to the U.A.C. twenty-one days after the referee's decision was mailed to the parties. We affirm. Pursuant to section 443.151(4)(b)3, Fla....

...Because Anderson was terminated for "misconduct connected with work," the Division of Unemployment *565 Compensation of the Florida Department of Labor and Employment Security (the Division) determined that she was disqualified from receiving unemployment benefits. Anderson availed herself of her right to appeal provided by section 443.151(4), Florida Statutes (2000)....

...The Commission affirmed the appeals referee's dismissal of Leon's untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Leon's claim. § 443.151(3)(a), (4)(b), Fla....

...Still, we cannot help reflecting that the cases could have been consolidated for a single hearing before a single appeals referee so as to avoid such Alice-in-Wonderland results; beyond that, the Unemployment Appeals Commission itself could have initiated a review of the decision in "M"'s case, but declined to do so. § 443.151(4)(c), Fla....

...As in that case, the Unemployment Appeals Commission (as an administrative agency, rather than a court) had no choice but to dismiss the untimely appeal. The relevant statute and administrative rule provide no exceptions to the requirement to dismiss untimely appeals. See section 443.151(4)(b)3., Florida Statutes (1993); Fla....

...yment benefits. The document setting forth the adjudicator's determination states that the notice was mailed October 1, 2002, and sent to the address appellant provided. Appellant had 20 days thereafter to file his notice of appeal with the UAC. See § 443.151(4)(b)(1), Fla....

...An administrative hearing officer's findings of fact must be accepted by both an administrative agency and by a reviewing court, if "those findings are supported by competent, substantial evidence." Id. See also Lucido v. Unemployment Appeals Comm'n, 862 So.2d 913 (Fla. 4th DCA 2003). Section 443.151(4)(b), governing appeals from UAC determinations, does not provide a "good cause" exception that would permit the UAC to accept an untimely filed appeal....

...the proof of claim was sent, notice was reasonably calculated to provide defendant with actual notice of the proceeding; therefore, defendant could not validly assert that service of process was defective or violated its rights). In the case at bar, section 443.151(4)(b)(1) requires the Commission to mail its determination to the claimant at his "last known address." This it did....

...at we should deviate from the general business practice rule in unemployment compensation cases, they do not cite to section 90.406, nor do they set forth a compelling reason for departing from the general rule embodied within the statute. NOTES [1] Section 443.151(4)(b)(1), Florida Statutes (2002)....

...The appeals referee determined Landrum had been discharged from employment for misconduct connected with his work and he was therefore disqualified from receiving benefits. A clerk's certificate reflects the appeals referee's decision was mailed to Landrum on August 11, 1993. Section 443.151(4)(b)3., Florida Statutes (1993), provides that appeals referees' decisions "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, withi...

...e notice to be timely docketed with the Commission. [1] We believe Ebersol raises two points which require remand for an evidentiary hearing. First, Ebersol claims that he never received written notice of the adverse decision of the appeals referee. Section 443.151(4)(b)3, Florida Statutes, provides that an appeals referee's decision "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, within 20 d...

...m to return the monies to the Unemployment Compensation Fund. Each decision contained standard form language, advising Assam that he had twenty (20) days from the mailing date of the respective decisions to file an appeal of the decision. Fla. Stat. § 443.151(3) and (4)(2002)....

...ay appeal periods would be "cause" to excuse an otherwise untimely filed appeal. We agree with the Commission's position that courts only make exceptions for belated appeals where exigent circumstances justify a review or overturning of the referee. § 443.151(4)(b)(3), Fla....

...A "determination" is the first level decision that a claimant receives to an application for benefits. If a claimant is dissatisfied with the determination, he or she can appeal to an appeals referee appointed by the agency and thence to a three member Unemployment Appeals Commission. Fla. Stat. § 443.151(3) and (4).

...eree's conclusion of law that appellee Sandra Williams was guilty of misconduct was an erroneous one. Reaching a different conclusion of law from that of the referee is within the scope of review of the Unemployment Appeals Commission as provided by section 443.151(4)(c), Florida Statutes (1981), and we, therefore, affirm....

...ceived a response to his claim for benefits. We therefore reject the UAC's argument that Guerrero has never claimed lack of notice of the referee's hearing and decision. While somewhat in-artfully stated, that is precisely what he argues here. Under section 443.151(4)(b)3 of the Florida Statutes, an aggrieved party has twenty days after mailing or delivery of a referee's decision to initiate an appeal with the UAC....

...After resubmitting her fax several times, she spoke with a deputy clerk who told her that she had been faxing the information to the wrong fax number. After receiving the claimant's response, the UAC dismissed the appeal as untimely. This appeal followed. Pursuant to section 443.151(4)(b)(3), Florida Statutes (2001), the claimant had twenty days after the mailing of the appeal referee's decision to initiate an appeal with the UAC....

...A "determination" is the first level decision that a claimant receives to an application for benefits. If a claimant is dissatisfied with the determination, he or she can appeal to an appeals referee appointed by the agency and thence to a three member Unemployment Appeals Commission. Fla. Stat. § 443.151(3) and (4)....

...According to appellee, a copy of the decision was mailed to appellant on September 28, 1992. However, it was not until December 18, 1992, or eighty-one days after the decision was allegedly mailed, that appellant filed his appeal from that dismissal. Appellee Commission dismissed the appeal as untimely under section 443.151(4)(b)3, Florida Statutes, and Florida Administrative Code Rule 38E-3.006. We reverse. Appellee contends that the controlling statute and rule compel dismissal of untimely filed appeals without exception; thus, it had no discretion in this matter. Section 443.151(4)(b)3, provides: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the abs...

...peals referee. The appeals referee's decision dismissed as untimely the claimant's appeal from a decision of the unemployment compensation claims adjudicator requiring the claimant to repay $793 in overpayments of unemployment compensation benefits. Section 443.151(4)(b)3., Florida Statutes (1993), provides that the appeals referee's decisions "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, w...

...Florida Unemployment Appeals Commission, 484 So.2d 629 (Fla.3d DCA 1986). In each case, the Commission sought repayment *761 of unemployment compensation benefits to which the claimants, Comer and Renelus, were not entitled. Both claimants asserted that recovery of overpayments should be waived under section 443.151(6)(c), Florida Statutes (1983)....

...V, § 3(b(4), Fla. Const. For the reasons expressed, we quash the decisions of the Third District Court of Appeal in Comer and Renelus and approve the Fourth District Court's decision in Sheppard. The sole issue in this case is the interpretation of section 443.151(6)(c), specifically whether it provides claimants a defense in the Commission's repayment efforts. Section 443.151(6), Florida Statutes (1983), addressing recovery and recoupment of overpayments, reads in part: Recovery and Recoupment....

...by civil action in the name of the division. (Emphasis added.) Under the statute, the Division of Unemployment Compensation, at its discretion, may recover overpayments by (1) demanding direct repayment or (2) recouping monies from future benefits. Section 443.151(6)(c) sets forth a defense to recoupment from future benefits when the claimant can establish the overpayments were received without claimant's fault and recoupment would defeat the purpose of the act or be against equity and good conscience....

...The Commission argues that the legislature intended these defenses to apply only to recoupment proceedings — not repayment proceedings. The Third District Court of Appeal disagreed and reaffirmed its holding in Sagaert v. State, Department of Labor, 418 So.2d 1228 (Fla.3d DCA 1982), which held that section 443.151(6)(c) "must be read to apply to recovery by repayment as well as by recoupment from future benefits." Id....

...5th DCA 1985); Verner v. State Unemployment Appeals Commission, 474 So.2d 909 (Fla. 2d DCA 1985); Forkey & Kirsch, P.A. v. Unemployment Appeals Commission, 407 So.2d 319 (Fla. 4th DCA 1981); David Clark & Associates, Inc. v. Kennedy, 390 So.2d 149 (Fla. 1st DCA 1980); § 443.151(4)(c), Fla....

...The claimant did not appeal the redetermination. Some two months after this determination of disqualification, the Division issued another notice ordering the claimant to *1230 make reimbursement in the amount of the compensation benefits that she had been overpaid. § 443.151(6)(b), Fla....

...The referee found that he had no jurisdiction to decide the issue of whether the compensation benefits should have been paid or not, since no appeal had been taken from the disqualification determination within the twenty-day period provided for in Section 443.151(4), Florida Statutes (Supp....

...ereof. Upon further appeal to the Unemployment Appeals Commission, the decision of the referee was affirmed as being in accordance with the essential requirements of law. We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp....

...We also agree with the appeals referee's finding that he had no jurisdiction to delve into the merits of the disqualification order, which had become final after the expiration of the twenty-day period for appealing. However, we find that the referee and the Commission overlooked Section 443.151(6)(c), Florida Statutes (Supp. 1980) when they made their respective rulings. Therefore, this cause must be remanded. § 120.68(9)(b), Fla. Stat. (1981). Section 443.151(6)(c), supra, provides that in the case of a non-fraudulentlyobtained overpayment, "[n]o recoupment from future benefits shall be had if such sum was received by such person without fault on his part and such recoupment would defeat t...

...y recoupment from future benefits. Recoupment and repayment are the statutorily-authorized methods by which the Division corrects overpayment errors where no fraud has been committed by the claimant. We can discern no logical reason for granting the Section 443.151(6)(c), supra, defenses of statutory purpose and equity and good conscience to someone who will still be receiving benefits, while withholding these defenses from someone whose benefits are terminated and who is required to repay sums to the Division. [1] A statute will not be interpreted to achieve an illogical or absurd result. McKibben v. Mallory, 293 So.2d 48 (Fla. 1974); Good Samaritan Hospital Association v. Simon, 370 So.2d 1174 (Fla. 4th DCA 1979). Additionally, Section 443.151(6)(b), supra, gives the Division the discretion to select either recoupment or repayment when it seeks to undo an overpayment error. If the defenses in Section 443.151(6)(c), supra, were meant to apply only to recoupment and not to repayment, then in every case where future benefits were still to be paid, the Division could avoid the application of these defenses merely by exercising its discretion in favor of seeking repayment. To follow such an interpretation would pave the way for administrative abuse, a road we refuse to follow. Getzen v. Sumter County, 89 Fla. 45, 103 So. 104 (1925). Having determined that the Section 443.151(6)(c), supra, defenses are available to claimants ordered to make repayment, we observe from the record that the instant claimant presented the referee with several colorable arguments concerning these defenses....

...It must be held that the claimant, when he failed to report to work after August 27, 1982, voluntarily left his employment and his reason for doing so was not for a good cause which was attributable to the employer. Subsequently, the UAC affirmed the decision of the appeals referee and this appeal ensued pursuant to Section 443.151(4)(c), Florida Statutes....

...Appellant contends that the appeals commission had jurisdiction because he did not receive timely notice of the referee's decision. He argues that an evidentiary hearing should have been conducted to determine the dates of mailing and receipt of the referee's decision. The commission argues that section 443.151(4)(b)(3), Florida Statutes (1989), mandates that it automatically dismiss late-filed appeals....

...me due to “episodic flare- ups.” Bagarotti sought to submit this report to the Commission, though she had not submitted it to the referee. In the alternative, she sought another hearing. In its final order, the Commission declined both requests. § 443.151(4)(c), Fla....

...The Commission subsequently affirmed the appeals referee's decision. This appeal followed. Stuart argues that the Employer's appeal was untimely because it was filed more than twenty days after the mailing of the Agency's determination to the parties. Section 443.151(3)(a), Florida Statutes (2006), provides, "[t]he determination is final unless within 20 days after the mailing of the notices to the parties' last known addresses, or in lieu of mailing, within 20 days after the delivery of the notic...

...Rafael Delgado was initially found eligible for unemployment benefits. His former employer, Concentrated Chemical Company, thereafter appealed that determination and prevailed at a hearing before an appeals referee. Delgado did not appeal the referee's decision during the statutory twenty-day time limit of section 443.151(4)(b)3, Florida Statutes (1993). Some months later, the claimant received a notification, in accordance with section 443.151(6)(b), Florida Statutes (1993), that he would be required to repay the benefits he had been overpaid prior to the disqualification determination....

...d several months earlier. The appeal of the disqualification issue was dismissed by the UAC as untimely. In a separate order, the UAC affirmed the order requiring repayment. *174 Delgado appeals these two determinations. We affirm. It is clear under section 443.151(4)(b)3 that if Delgado wanted to appeal the disqualification decision he had twenty days to do so. [1] Furthermore, the notification of denial of benefits mailed to him clearly so instructed. Nonetheless, he failed to act at that time. It is also clear that under section 443.151(6)(b), that once a claimant is overpaid, he is obligated to return the overpayment....

...ation as untimely, was correct. Further, having been determined ineligible to receive the benefits at issue, the claimant was obligated to repay the amounts which had been paid out to him. Accordingly, the orders under review are affirmed. NOTES [1] Section 443.151(4)(b)3., Florida Statutes provides: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, within 20 days after the delivery of such notice, further review is initiated pursuant to paragraph (c). [2] Section 443.151(6)(b), Florida Statutes, provides: If any person, other than by reason of his fraud, has received any sum as benefits under this chapter to which, under a redetermination or decision pursuant to this section, he has been found not ent...

...In addition, the fact that she intentionally took the medication in such a large quantity (even if it was her own) within a few hours after reporting to work supports the conclusion that she was guilty of misconduct on the job. While the UAC has the authority, pursuant to section 443.151(4)(c), Florida Statutes *882 (1983) to reverse the findings and conclusions of the appeals referee, it can only do so where there is no substantial, competent evidence to support the referee's findings....

...Simmons as untimely filed. The Commission dismissed Simmons' appeal after according her an opportunity to show cause why her appeal was filed thirty-five days late. On the record before us, we find no error in the determination that the appeal was untimely and affirm. See § 443.151(4)(b)5, Fla....

...(providing "[a]n application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction"); Espinosa v. Cableoptics, 807 So.2d 195, 196 (Fla. 3d DCA 2002) (confirming that the time limits imposed under section 443.151(4) do not provide for good cause exceptions to the time accorded to file an appeal); Linderman v....

...violation of a criminal law in connection with his employment and "the individual ... has entered a plea of no contest." Although the Commission may entertain additional evidence when considering the findings and conclusions of the appeals referee, section 443.151(4)(c), Florida Statutes (1983), its use of a subsequent no contest plea is subject to limitations....

...In my view there was indeed sufficient proof to support a finding of such violation [1] and that the elements of section 443.101(9)(a), Florida Statutes (1983), have been met. I interpret the UAC order to meet the requirements of sections 443.101(1), (9)(a) and 443.151(4)(c), Florida Statutes (1983)....

...The pleadings indicate the verbal disagreement became physical. The claimant testified at the hearing before the appeals referee that she pushed her supervisor and, later, during the fight she "grabbed her by her shoulder and ... was shaking her." [2] Section 443.151(4)(c), Florida Statutes (1983), reads, in relevant part: Upon review on its own motion or upon appeal, the commission may on the basis of the evidence previously submitted in such case, or upon the basis of such additional evidence as...

...Therefore, the UAC properly affirmed the appeals referee's decision, and we affirm the UAC's decision. Morton also asks this court to waive the requirement that she repay the benefits she received to the Department of Unemployment Compensation because she is suffering from severe medical and financial hardships. Section 443.151(6)(b), Florida Statutes (1997), specifically allows for recoupment of any unemployment benefits paid when it is later determined that the claimant was not entitled to benefits....

...of misconduct connected with work. The referee's decision was mailed to Creech on August 18, 1998. Creech was notified that the decision would become final within 20 days after the date it was mailed unless he filed an appeal during that period. See § 443.151(4), Fla....

...See Guerrero v. Fla. Unemployment Appeals Comm'n, 855 So.2d 266, 268-69 (Fla. 3d DCA 2003). The Commission, therefore, properly dismissed his appeal as it was not filed within twenty days *1185 of the date that the referee's decision was mailed to him. § 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.2d at 268 ("Under section 443.151(4)(b)3 of the Florida Statutes, an aggrieved party has twenty days after mailing or delivery of a referee's decision to initiate an appeal with the UAC....

...We must determine whether the Commission improperly substituted its own findings for those of the Referee. We conclude that it did. After a claim for unemployment benefits is initially determined by the Division, the claimant may appeal an adverse ruling in accordance with the procedure established in section 443.151(4), Florida Statutes (2001)....

...the evidence and testimony presented, determine whether the claim should be granted or denied. The decision of the referee may be reviewed by the Commission and it "may affirm, modify, or reverse the findings and conclusions of the appeals referee." § 443.151(4)(c), Fla....

...is refusal to work on Saturday did not rise to the level of misconduct which precludes unemployment benefits. [1] While the Unemployment Appeals Commission has the authority to reverse the findings and conclusions of the appeals referee, pursuant to section 443.151(4)(c), Florida Statutes (1991), the Commission may only do so where there is no substantial, competent evidence to support the referee's findings....

...the claimant shall be permitted to present arguments and evidence to the effect that recoupment or repayment of an overpayment of benefits would defeat the purpose of the Unemployment Compensation Law or would be against equity and good conscience. § 443.151(6)(c), Fla....

...Blessing, Unemployment Appeals Commission, Tallahassee, for appellee Unemployment Appeals Commission. OTT, Acting Chief Judge. Appellant's appeal to the Unemployment Appeals Commission was dismissed on the ground that it was untimely filed. We reverse. The procedure for filing an appeal is found in section 443.151(4)(b)3, Florida Statutes (1980), which provides: The parties shall be promptly notified of such referee's decision, and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last-known address or, in the absence of such mailing, within 20 days after the delivery of such notice, further review is initiated pursuant to paragraph (c). Section 443.151(4)(c) gives the commission the power to allow an appeal by any party....

...A claims adjudicator subsequently made a determination, charging her with an overpayment in that amount. It was the latter determination which the appeals referee and commission affirmed in due course, prompting the present appeal. The applicable statutory section is 443.151(6), Florida Statutes (1981) which provides: (6) RECOVERY AND RECOUPMENT....

...trict Court of Appeal in Sagaert v. State of Florida, Department of Labor and Employment Security Unemployment Appeals Commission, 418 So.2d 1228 (Fla. 3d DCA 1982). The court in Sagaert interpreted (b) to include defenses contained in (c), holding: Section 443.151(6)(c), supra, provides that in the case of a non-fraudulently-obtained overpayment, "[n]o recoupment from future benefits shall be had if such sum was received by such person without fault on his part and such recoupment would defeat...

...y recoupment from future benefits. Recoupment and repayment are the statutorily-authorized methods by which the Division corrects overpayment errors where no fraud has been committed by the claimant. We can discern no logical reason for granting the Section 443.151(6)(c), supra, defenses of statutory purpose and equity and good conscience to someone who will still be receiving benefits, while withholding these defenses from someone whose benefits are terminated and who is required to repay sums to the Division....

...rom two adjudications denying her unemployment benefits. Lawson does not dispute that her notices of appeal were untimely. We must, therefore, accept the referee's findings of untimeliness and affirm the Unemployment Appeals Commission's orders. See § 443.151(3)(a), Fla....

...el the UAC to accept an untimely appeal. See Assam v. Fla. Unemployment Appeals Comm’n, 871 So.2d 978, 980 (Fla. 3d DCA 2004)(per curiam). As the UAC points out, the statute governing appeals to the UAC does not contain a good cause exception. See § 443.151(4)(e), Fla....

...s untimely Mr. Lopez's appeal of the referee's decision denying him benefits. We affirm. The Commission correctly dismissed the appeal as Mr. Lopez did not file his appeal within twenty days of the date that the referee's decision was mailed to him. § 443.151(4)(b)3, Fla....

...00-03708 VS. Referee Decision No. 00-17913U Employer/Appellee OPINION RESEARCH CORP Employer No.-None UCCO-3643-0 ORDER OF UNEMPLOYMENT APPEALS COMMISSION NO. 00-03708 This cause comes before the Commission for disposition of the claimant's appeal pursuant to Section 443.151(4)(c), Florida Statutes, of a referee's decision holding the claimant disqualified from receipt of benefits....

...good cause attributable to the employing unit and she is subject to the total disqualification penalty imposed by the Legislature. The claimant is disqualified from the week ending March 11, 2000, and until she earns $4,675. Upon review pursuant to Section 443.151(4)(c), Florida Statutes, it is found that the decision of the appeals referee is in accord with the essential requirements of law and is, therefore, affirmed....

...State, Unemployment Appeals Comm'n, 648 So.2d 284 (Fla. 4th DCA 1995) ("good cause" frequently involves mixed question of law and fact). The Commission cannot overturn a referee's finding of fact if that finding is supported by competent, substantial evidence. Verner, 474 So.2d 909; § 443.151(4)(c), Fla....

...is employer. In January 1986, the claims examiner appointed by the Division of Unemployment Compensation notified English that benefits were not payable because "discharge was for misconduct connected with work" within the above statute. Pursuant to Section 443.151(4)(a), Florida Statutes (1985), English's appeal of this decision was heard by an appeals referee....

...He further said: "Delays in receiving my mail left me unaware of the [June 15] hearing." The remainder of his letter gives his version of the events of March 10, 1992, and his defense to the charge of negligence. Because his appeal was not filed within 20 days as required by section 443.151(4)(b)3, Florida Statutes (1991), and Rule 38E-3.006, Florida Administrative Code, requires dismissal if an application for review is not timely filed, the UAC dismissed Koppelman's appeal....

...Appellant appealed the redetermination, arguing that DBPR's appeal to the Division was untimely and that the Division's redetermination was unauthorized under applicable law. The appeals referee upheld the Division's redetermination, and the Commission affirmed. Section 443.151(3)(a), Florida Statutes, provides that an employer or claimant must file an appeal of a benefits determination within 20 days after the Division mails such determination....

...Code R. 38E-5.003(1), .005. Clearly, DBPR's letter to the Division was untimely as an appeal of the determination that appellant was entitled to benefits. The question before us then is whether the Division's August 1999 redetermination was authorized by section 443.151(3)(c)1., Florida Statutes, which provides that within specified time limits, the Division "may reconsider a determination whenever it finds that an error has occurred in connection therewith or whenever new evidence or information per...

...Unemployment Appeals Comm'n, 687 So.2d 337 (Fla. 4th DCA 1997). We reject DBPR's contention that its July 1999 letter questioning appellant's eligibility for unemployment compensation because he worked in a Senior Management position constituted "new information" to the Division under section 443.151(3)(c)1....

...m to consider this petition. The appeals referee rendered his decision in St. Petersburg, located within the territorial jurisdiction of the Florida District Court of Appeal, Second District. See §§ 26.021(6) and 35.03, Fla. Stat. (1993). Further, section 443.151(4)(e) provides that final orders of the Unemployment Appeals Commission "shall be subject to review only by notice of appeal in the district court of appeal in the appellate district in which the issues involved were decided by an appeals referee......

...ORDER TRANSFERRING CASE TO THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT ALTENBERND, Judge. Laura Lynch appeals an order of the Unemployment Appeals Commission (UAC) that affirmed the appeals referee's decision to deny her application for unemployment benefits. In light of section 443.151(4)(e), Florida Statutes (2007), this court concludes that the First District Court of Appeal is the appropriate appellate court authorized by general law to review this order....

...With some reluctance, this court has concluded that the legislature has not authorized it to handle this appeal. Technically, we may have jurisdiction over such an appeal, but the First District is the court that, by statute, is the proper forum to decide this case. [3] Section 443.151(4)(e) states: Orders of the commission entered under paragraph (c) are subject to review only by notice of appeal in the district court of appeal in the appellate district in which the issues involved were decided by an appeals referee....

...(Emphasis added.) The issues involved in this case were decided by an appeals referee in Tallahassee. A plain reading of this statute requires the review to occur "only" in the First District. The Third District in Mendelman v. Dade County Public Schools, 674 So.2d *27 195 (Fla. 3d DCA 1996), interpreted section 443.151(4)(e) to allow any district court with territorial jurisdiction over a location from which a party participated in the hearing conducted by the appeals referee to review a resulting order of the UAC....

...On the other hand, without any ambiguity in the statute, we are constrained to obey the plain language of the statute. See Fischesser v. United States Post Office, 119 So.2d 787, 788 (Fla. 1960) (stating legislature showed its clear intent in section 443.07(4)(e), Florida Statutes (1959), which was the precursor to section 443.151(4)(e), that review of unemployment compensation orders is in "the Court of Appeal of the appellate district in which the issues were decided by the appeals referee")....

...for judicial review either in "the district court of appeal in the appellate district where the agency maintains it headquarters or where a party resides." § 120.68(2) Fla. Stat. (1995). Mendelman, 674 So.2d at 196. The problem, of course, is that section 443.151(4)(e) does not contain the language of section 120.68(2). We are not convinced that anything in section 443.151(4)(e) incorporates that language....

...The phrase "or as otherwise provided by law" was added to the statute by a bill that passed in the legislature in 1996, only a few days before the issuance of the Mendelman opinion. See ch. 96-159, § 35, Laws of Fla. (effective Oct. 1, 1996). Thus, section 443.151(4)(e) would appear to be a more specific statute otherwise providing that these appeals must be filed only where the appeals referee made the decision....

...l jurisdiction). We certify that our decision today is in express and direct conflict with the holding in Mendelman. [4] III. While transferring this case, we note that this result may not be what the legislature *28 expected when it passed sections 443.151(4)(e) and 120.68(2)(a)....

...Our state constitution also promotes a spirited debate of legal issues, in part, by requiring conflicting decisions on a subject from the district courts before the supreme court can grant review of certain issues. At least within the territory of the Second District, these policies are no longer supported by the language in section 443.151(4)(e)....

...hearing on the issue of the denial of unemployment benefits because her notice of appeal was untimely. We are compelled to affirm because Fryer's notice of appeal was untimely, and she did not state any reason for filing the notice late. Pursuant to section 443.151(3)(a), Florida Statutes (1993), and Florida Administrative Code Rule 38E-5.007, the appeals referee was required to dismiss Fryer's appeal....

...The record indicates that the appellant faxed a request for a redetermination to the local appeals office, but that the fax was sent and received more than twenty days after the referee's dismissal order was mailed to the appellant. The request was thus an untimely filing under section 443.151(4)(b)3, Florida Statutes, and the Commission noted that the appeal was outside the statutory time limit....

...e appellant's testimony regarding the problems with her fax machine and the absence of any evidence to show that a timely fax request was ever received for filing in the appeals office. Because the appellant failed to establish a timely filing under section 443.151(4)(b)3, the case below was properly dismissed and the appealed order is therefore affirmed....

...om standing on the claimed lack of jurisdiction, because appellee's procedures were defective, and some of its agents — the personnel at the claims office — were themselves misled and they in turn misled appellant. Appellee basically tells us that section 443.151(4)(b)3, Florida Statutes, allows only twenty days after notice has been mailed of a referee's decision, or if it was not mailed, twenty days after delivery of such notice, for application for further review of such decision by the Commission....

...s deprived of his right to appear at the referee's hearing and deprived of notice of the referee's decision. He asserts that the untimeliness of his appeal to the UAC must be excused due to his incarceration. The Commission correctly points out that section 443.151(3)(c), Florida Statutes, clearly provides for the 20-day deadline to appeal, and the Legislature did not provide for any "good cause" to excuse late filing in subsection (3)(c)....

...See Espinosa v. Cableoptics, Inc., 807 So.2d 195 (Fla. 3d DCA 2002) (and cases cited therein). Rule 60BB-5.007, Florida Administrative Code, upon which the Appeals Referee relied, requires dismissal of late-filed appeals with no exceptions. However, in 2005, section 443.151(4)(b)3., Florida Statutes was created to allow the Office of Appeals to order a claimant to show cause why a late-filed appeal should not be dismissed and to give the claimant an opportunity to provide written evidence of timely filing or " good cause for failure to appeal timely. " Ch.2005-209, § 7, Laws of Fla. (emphasis added). This "good cause" amendment to section 443.151(4)(b)3....

...Appellant has shown no deviation from procedure by the Commission in this case. He received the procedural process he was due. There is no statutory requirement that the Commission conduct a diligent search for a claimant's current address. Both sections 443.151(3)(b) and 443.151(3)(c), Florida Statutes, provide that determinations by an appeals referee become final "20 days after the mailing of the notices to the parties' last known addresses." Rule 60BB-6.003(1), Florida Rules of Administrative Procedure, contains t...

...e appeals referree. Having reviewed the record before us, it is clear that the claimant was notified by mail of the adverse determination on March 25, 1999. Claimant filed his appeal on April 19, 1999, twenty-five days later. The relevant statute is section 443.151(4)(b)3, Florida Statutes (1999), which reads as follows as concerns decisions of appeals referees: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the d...

...Before GERSTEN, C.J., and COPE and SALTER, JJ. PER CURIAM. David Ambrister, pro se, appeals a final order of the Unemployment Appeals Commission dismissing his appeal as untimely. No due process issues have been presented to us, and we therefore affirm. § 443.151(4)(b)4, Fla....

...ence in the record and whether the proceedings on which the findings were based complied with the essential requirements of the law. Szniatkiewicz v. Unemployment Appeals Comm'n, 864 So.2d 498, 501-02 (Fla. 4th DCA 2004) (internal citation omitted). Section 443.151(3)(b), Florida Statutes, provides that monetary determinations on unemployment compensation claims are: [F]inal unless within 20 days after the mailing of the notices to the parties' last known addresses, or in lieu of mailing, within 20 days after the delivery of the notices, an appeal or written request for reconsideration is filed by the claimant or other party entitled to notice. § 443.151(3)(b), Fla....

...Finally, the employers contend that they were denied due process because neither the attorney for one of the employers (Accord) nor the other employer (FEA) received notice of Koenigsberg's request for review by the UAC. We find this argument to be without merit because the UAC sent notice to Accord. Additionally, while section 443.151(4)(b)(1)-(3), Florida Statutes, requires appeals referees to provide notices of hearings, there is no similar requirement for the UAC. See § 443.151(4)(c), Fla....

...District Court of Appeal of Florida, Third District. March 4, 1986. John R. Greenwood, for appellant. John D. Maher, Tallahassee, for appellee. Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. The ruling of the Unemployment Appeals Commission, affirming a finding that section 443.151(6) of the Florida Statutes (1983) does not provide for waiver of recovery of unemployment compensation, is reversed on the authority of Comer v....

...While we may address an unpreserved error that is fundamental, no error occurred in this case, fundamental or otherwise. As argued by the Commission, the legislature delegated to the Commission the rule-making authority governing hearings before appeals referees. See § 443.151(4)(d), Fla....

...But he argues that he *1233 would have appealed if the referee’s order had clearly indicated that he would be required to repay the benefits he had already received. He further argues that he was prejudiced by the timing of the overpayment statement, coming as it did after the appeals period had run. Section 443.151(4)(b)(4), Florida Statutes (2003), requires the filing of an appeal to the UAC within twenty days....

...ault of the appellant. Rule 38E — 5.007, Florida Administrative Code, in pertinent part provides the following: "If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed." (Emphasis added.) Similarly, section 443.151(3)(a), Florida Statutes (1991), provides in pertinent part regarding the determination of unemployment compensation claims: such [initial] determination shall be final unless within 20 days after the mailing of such notices to the par...

...Finney asserted that he did not receive notice of the reversal until almost a month after it occurred. On appeal from that dismissal to this court, Finney argued that an evidentiary hearing should have been conducted to determine the dates of mailing and receipt of the referee's decision. The commission argued that section 443.151(4)(b)(3) mandated an automatic dismissal of all untimely-filed appeals....

...Lawrence Molina appeals the Florida Unemployment Appeals Commission’s (“UAC”) dismissal of his late-filed appeal of the referee’s decision. We affirm the dismissal. A referee’s decision is final unless a review is initiated within twenty days after the date of mailing of the notice of the referee’s decision. § 443.151(4)(b)5, Fla....

...t equity and good conscience. Garcia v. Department of Labor & Employment Security, 426 So.2d 1171 (Fla. 3d DCA 1983); Sagaert v. State, Department of Labor & Employment Security Unemployment Appeals Commission, 418 So.2d 1228 (Fla. 3d DCA 1982); see § 443.151(6)(b)-(d), Fla....

...n benefits, based upon the untimely filing of an appeal from the initial determination. The issue presented in this case is whether an untimely appeal from an initial determination is rendered timely by the issuance of a redetermination, pursuant to section 443.151(3)(e)(3), Florida Statutes....

...The referee concluded that Bertot's appeal was not filed within twenty days of the Initial Determination's *1014 mailing, and accordingly, dismissed the appeal for lack of jurisdiction. The UAC affirmed this decision, and this appeal followed. Bertot argues that a plain reading of section 443.151(3)(e)(3), Florida Statutes (2010), renders his appeal timely....

...nation" and, thus, a timely appeal. UAC argues that an untimely appeal from the Initial Determination cannot be transformed into a timely appeal by the issuance of a Redetermination. It argues the only logical interpretation of the term "pending" in section 443.151(3)(e)(3) is a timely pending appeal. Because the failure to timely file the appeal is jurisdictional in nature, we agree that the statute can only properly be construed as requiring the pending appeal to be timely filed. [2] Section 443.151(3)(c), Fla....

...Unemployment Appeals Comm'n, 476 So.2d 761 (Fla. 3d DCA 1985). [3] Bertot concedes that his appeal from the Initial Determination was untimely. This alone deprived the appeals referee of jurisdiction to consider the merits of Bertot's claim. Pursuant to section 443.151(3)(c), Florida Statutes, the Initial Determination was final....

...On appeal, Mr. Hood argues that the Commission’s final order must be set aside based upon fairness and due process, because the untimeliness of his administrative appeal was excused by his telephone conversations with the Commission’s adjuster. Section 443.151(3)(c), Florida Statutes, provides for the 20-day deadline to appeal, and the Legislature did not provide for any “good cause” to excuse late filing in subsection (3)(c)....

...See Espinosa v. Cableoptics, Inc., 807 So.2d 195 (Fla. 3d DCA 2002) (and cases cited therein). Rule 60BB-5.007, Florida Administrative Code, upon which the Appeals Referee relied, requires dismissal of late-filed appeals with no exceptions. However, in 2005, section 443.151(4)(b)3....

...2005-209, § 7, Laws of Fla. (emphasis added). Because the subsection provides that the Office of Appeals “may” issue an order to show cause, such order is not statutorily required before an untimely appeal can be dismissed. This “good cause” amendment to section 443.151(4)(b)3....

...[1] This document contains the following notation: "Mailing Date: February 11, 1992." On March 9, 1992, Carrigan filed an appeal of the denial. On the notice of appeal, Carrigan penned: "We just received this determination on March 4, 1992." Sections 443.151(3)(d) and 443.151(3)(a), Florida Statutes (1991) provide that the Division must promptly notify persons of a redetermination denying them benefits, and that persons have 20 days in which to file an appeal....

...Teater; Colonnades. REVERSED AND REMANDED. COBB and HARRIS, JJ., concur. NOTES [1] Carrigan makes other, serious allegations about the processing of his claim and against Larson which have not been heard due to the untimely finding of the appeal. [2] Section 443.151(3)(d) provides: (a) Notice of determination or redetermination pursuant to s....

...reof, such notice to be given in the manner provided in this subsection, provided that the division shall by rule prescribe the manner and procedure pursuant to which employers within the base period of a claimant may become entitled to such notice. Section 443.151(3)(a) provides, in part: The claimant, ......

...hich then took action, eventually resulting in appellant being informed that he owed $3,500 as a result of overpayment. Appellant admits he was overpaid, but argues that it is unfair under the circumstances to require him to make repayment. Although section 443.151(6)(c), Florida Statutes *470 (1995) provides that "recoupment" from future unemployment benefits can be denied if it would be "against equity and good conscience," there is no similar exception if "repayment" is ordered under section 443.151(6)(b)....

...Sun timely filed both a request for reconsideration and an appeal of the Division's determination of eligibility. After searching the statute and rules for a contrary indication, it appears this was adequate to entitle Sun to a proper determination at that time, either by the Division or the appeals referee. Section 443.151, Fla....

...The issue in this case is whether the UAC erred in failing to provide Apolinar a hearing on her appeal from the referee's dismissal of her case for failure to prosecute. The UAC dismissed Apolinar's appeal because she filed it more than twenty days after the referee entered the decision. See § 443.151(4)(b)3., Fla....

was warranted under section 443.151(3)(c), Florida Statutes (1997). Section 443.151(3)(a), Florida Statutes

PER CURIAM. Affirmed. § 443.151(4)(a), (b), Fla.Stat....

...Claimant Brian Willis appeals the November 26, 2003 order of the Unemployment Appeals Commission (UAC), arguing that the UAC improperly reconsidered its June 25, 2003 order upon motion for rede-termination of the Agency for Workforce Innovation (the Agency). We agree. Section 443.151(3)(e)l., Florida ■ Statutes (2003), does not contemplate reconsideration where, as here, the Agency contends that the UAC made an error in law. Section 443.151 provides that the Agency may reconsider its original determination, or may apply to the appeals referee, UAC, or court that rendered a final determination to issue a revised decision, within one year of the last day of the benefit yea...

...w evidence or information. 1 Instead, the Agency alleged that the UAC erred in interpreting federal regulations concerning unemployment compensation for ex-servicemembers. Such an error does not authorize the UAC to reconsider its previous decision. Section 443.151 does not define what type of “error” can be the basis of a rede- *536 termination....

...Progressive S.E. Ins. Co., 753 So.2d 80, 84 (Fla.2000) (quoting Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992)). In reading the statute as a whole, it is apparent that the term “error” should not include errors in law. Section 443.151 not only provides for reconsideration, it also provides for an appeals process and the finality of orders of the appeals referee and the UAC. See § 443.151(4)(b), (c) & (e), Fla....

...The division should have treated this as a request to reconsider the benefits due to division error which was filed within a year of the end of the last compensable week. We remand to the division to determine whether the appellant is entitled to the redetermination of benefits. See § 443.151(3)(c), Fla....

...irms the dismissal of Maldonado’s administrative appeal of the adjudicator’s adverse determinations. Our review of the record, including the transcript, reveals that the administrative appeal was properly dismissed as untimely in accordance with section 443.151(3)(a), Florida Statutes (1993)....

...Reversing, the First District held: We reject DPBR’s- contention that its July 1999 letter questioning appellant’s eligibility for unemployment compensation because he worked in a Senior Management position constituted “new information” to the Division under section 443.151(3)(c)l....

...Markham appeals the Florida Unemployment Appeals Commission's final order affirming the decision of the Unemployment Compensation Appeals Referee dismissing Markham's appeal as untimely filed. We affirm, as the claimant *959 did not appeal the decision until after the 20-day statutory time limit had expired. See § 443.151(3)(a), Fla....

...Those efforts deserve to be given further voice. "Filing" an Administrative Appeal The procedural trapdoor that catches many unemployed claimants is the twenty-day *960 period for "filing" an appeal from an Agency determination or redetermination denying benefits, found in subsections 443.151(3) and (4), Florida Statutes (2008), and Florida Administrative Code Rules 60BB-5.005 and -5.006....

...The Commission affirmed an appeals referee's dismissal of de la Torre's untimely appeal from the adjudication denying her unemployment benefits. Because de la Torre does not dispute that her notice of appeal was untimely, we must accept the referee's finding of untimeliness and affirm the Commission's order. See § 443.151(3)(a), Fla....

...The Commission affirmed the appeals referee's dismissal of Exposito's untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Exposito's claim. § 443.151(3)(a), Fla....

...District Court of Appeal of Florida, Third District. March 19, 2008. Willy Aragon, in proper person. John D. Maher, Tallahassee, for appellee Florida Unemployment Appeals Commission. Before GERSTEN, C.J., and SUAREZ and ROTHENBERG, JJ. *336 PER CURIAM. Affirmed. See § 443.151(3)(a), Fla....

days from the mailing of the determination. See § 443.151(3)(a), Fla. Stat. (2009); Fla Admin. Code Rule

courts that have considered the meaning of section 443.151(4)(e), Florida Statutes, seem to agree that

reverse and remand for an evidentiary hearing. Section 443.151(4)(b)5., Florida Statutes (2010), provides

807 So.2d 195 (Fla. 3d DCA 2002); Fla. Stat. § 443.151(4)(b)(5) (2009).

SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 443.151(3)(a), Fla. Stat. (2009); Quintana v. Florida

of benefits claimed by a former employee, section 443.151(3)(c)1, Florida Statutes (2009), states that

notice of the appeals referee’s adverse decision. § 443.151(4)(b)3, Fla.Stat. (1993); see Leon v. Unemployment

that Ms. Gonzalez was entitled to benefits. See § 443.151(4)(b)l, Fla. Stat. (2010). According to the employer

the referee’s decision was mailed to him. See § 443.151(4)(b), Fla. Stat. (2004); Malary v. Brinker Int’l

Comm'n, 904 So.2d 477, 479 (Fla. 1st DCA 2005). Section 443.151(3)(a), Florida Statutes (2009), provides that

in other civil and administrative appeals. See § 443.151(4)(b), Fla. Stat. (1997), Mr. Horst did not attend

if not mailed, delivered) to the parties. See § 443.151(4)(b)3., Fla. Stat. (1997); Fla. Admin. Code R

notice of denial of benefits as prescribed by section 443.151(3)(a), Florida Statutes (2001) and Florida

her hearing before the appeals referee. . See § 443.151(6), Fla. Stat. (1997).

possible in the parent's principal language."); § 443.151(8)(a), Fla. Stat. (2007) ("The Agency for Workforce

So.2d 413 (Fla. 2d DCA 2000) (holding that section 443.151(4)(b), Florida Statutes (1995), does not contain

C.J., KLEIN and STEVENSON, JJ„ concur. . Section 443.151 (4) (b), Florida Statutes (2003), requires

properly dismissed the appeal as untimely. See § 443.151(4)(b)3, Fla. Stat. (1999) (referee’s decision

commission instead. We do not agree. While, under section 443.151(4)(e), Florida Statutes (1987), the commission

determination on the merits of her claim. See § 443.151(3)(a), Fla. Stat. (1999).

him to file a request for rede-termination. Section 443.151(3)(e)2 provides for an appeal to proceed simultaneously

the twenty-day appeal deadline set forth in section 443.151(4)(b), Florida Statutes (2012). Despite the

appears that the redetermination statute, section 443.151(3)(e) of the Florida Statutes (2013), allows

appeal to this court of the UAC’s dismissal. Section 443.151(4)(b)3., Florida Statutes (1997), requires

decision was not timely mailed, we affirm. See § 443.151(4)(b)3, Fla. Stat. (2001); Espinosa v. Cableoptics

a claimant for unemployment compensation. Section 443.151(4)(b)l, Florida Statutes (1982) provides: The

decision, review by the Commission is initiated. Section 443.151(4)(b)3., Florida Statutes (1993). The appeals

the recovery by repayment, contemplated in section 443.151(6)(b), Florida Statutes (1985), of the unemployment

PER CURIAM. Section 443.151(4), Florida Statutes (2010), allows only adversely affected parties to appeal

PER CURIAM. Affirmed. § 443.151(3)(a), Fla.Stat. (1993); Fla.Admin.Code Ann. r. 38E-5.007 (1993).

Security, 418 So.2d 1228 (Fla. 3d DCA 1982). See § 443.151(6)(c), Fla.Stat. (1983). As in Rene-lus and Comer

urges that the referee was legally bound under section 443.151(3)(a), Florida Statutes (2000) to dismiss appellant’s

unemployment benefits. We review the case pursuant to section 443.151(4)(e), Florida Statutes (1985), and set aside

not the common understanding of the term. Section 443.151(3)(c)1, Florida Statutes (1991) provides for

PER CURIAM. Affirmed. See Section 443.151(4)(b)3, Florida Statutes (1981), and Florida State University

without jurisdiction to consider the appeal. See § 443.151(3)(a), Fla. Stat. (2006). This Court is similarly

PER CURIAM. Affirmed. § 443.151(4)(b)3, Fla.Stat. (1995).

the twenty-day deadline provided by law. See § 443.151(4)(b)3, Fla. Stat. (1997). That being so, the

PER CURIAM. Affirmed. See § 443.151(4)(b)3, Florida Statutes (1993).

provide separation information pursuant to section 443.151(3)(a), Florida Statutes (2011). Moran misreads

order of an appeals referee to the commission. § 443.151(4)(c), Fla.Stat. (1993). Affirmed.

to file an appeal of that determination. See § 443.151(3)(c) and (4)(b), Fla. Stat.; rule 60BB-5.007

Unemployment Appeals Commission was untimely, see § 443.151(4)(b)4, Fla. Stat. (2004), we affirm the dismissal

GORDO, JJ. PER CURIAM. Affirmed. See § 443.151(4)(b)1, Fla. Stat. (2021) (“The claimant or any

This argument is contradicted by the record. Section 443.151(3) of the Florida Statutes governs eligibility

PER CURIAM. AFFIRMED. See § 443.151(6)(b), Fla. Stat. (2003). SHARP, W., MONACO and TORPY, JJ., concur

PER CURIAM. Affirmed. § 443.151(3)(a), Fla. Stat. (1995).

record to support the dismissal, we affirm. Section 443.151(4)(b)(3), Florida Statutes (1999), requires

obligated to affirm the dismissal of her appeal. Section 443.151(3), Florida Statutes (2010); de la Torre v

the UAC’s decision to dismiss the appeal. Section 443.151(4)(b)3., Florida Statutes (1997), requires

PER CURIAM. Affirmed. See Section 443.151(6)(b), Florida Statutes, (1995); Delgado v. Concentrated Chemical

dismissed the appeal as untimely.”); see also § 443.151(4)(b)(3), Fla. Stat. (2023) (“If an appeal appears

was not entitled to compensation benefits. See § 443.151(4)(b)2., Fla. Stat. (providing that an appeals

from that denial was not timely. See Fla. Stat. § 443.151(S)(a) (1999) (“such determination shall be final

confidential by the language of s. 443.171(7), F.S. Section 443.151, F.S. (1980 Supp.), outlines the procedure

to him. § 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.2d at 268 (“Under section 443.151(4)(b)3

ruling of the appeals referee as untimely. See § 443.151(4)(b), Fla. Stat. (2007); Fla. Admin. Code R.

dismissed as untimely on the authority of section 443.151(4)(b)3, Florida Statutes. For the reasons outlined

a request for redetermination pursuant to section 443.151(3)(e)l., Florida Statutes. As the employer

dismissing his appeal as untimely. We affirm. Section 443.151(4)(b)(4), Florida Statutes (2004), provides:

PER CURIAM. Affirmed. § 443.151(3)(a), Fla. Stat. (1996); Fla. Admin. Code R. 38E-5.007 (1996). See

and in accordance with the requirements of section 443.151(6)(b), Florida Statutes (2004). Finding no

PER CURIAM. Affirmed. Section 443.151(4)(b)(3), Florida Statutes; Florida Administrative Code Rule 38E-3

affirm, modify, or reverse the determination. § 443.151, Fla. Stat. (2006).

unemployment compensation benefits was untimely. Section 443.151(3)(a), Florida Statutes (1993), provides that

referee within the time period allowed by section 443.151(4)(b)4, Florida Statutes (2004). We have fully

his appeal to the Commission has merit. But section 443.151(4)(b)6, Florida Statutes (2022), required Mr

apparent injustice involved in that decision. See § 443.151(4)(b)(3), Fla.Stat. (1993); Fla.Admin.Code R.

appeals referee was untimely filed is affirmed. See § 443.151(3)(c) Fla. Stat. (2013); Quintana v. Fla. Unemployment

days after the date of the notice of mailing. Section 443.151(4)(b)(3), Florida Statutes (1995), provides

PER CURIAM. Affirmed. See § 443.151 (3)(a), Fla. Stat. (2005). WARNER, KLEIN and GROSS, JJ., concur

Jenkins, 323 So.2d 597 (Fla. 1st DCA 1975); § 443.151(4)(b)3, Fla. Stat. (1997); Fla. Admin. Code R

discharged for misconduct in connection with work. Section 443.151(6)(b), Florida Statutes (1995), requires an

entertain Mr. Neely’s appeal, we must affirm. Section 443.151(4)(b)(3), Florida Statutes (1999), requires

Inc., 396 So.2d 778 (Fla. 1st DCA 1981); section 443.151(4)(c), Florida Statutes (1981). As to the notice

it was filed after the statutory deadline. See § 443.151(4)(b)3., Fla. Stat. (2001). Because no error of

learning of the determination. Florida Statute section 443.151(4)(b)1 provides: The claimant or any other

matter is opened to the public at a hearing.9 Section 443.151, Florida Statutes, prescribes the procedure

PER CURIAM. Affirmed. § 443.151(4)(b)3., Fla.Stat. (1993).

BOKOR, JJ. PER CURIAM. Affirmed. See § 443.151(3)(c), Fla. Stat. (2022) (providing that the

her appeal with the RAAC. Unfortunately, section 443.151(4)(b)1., Florida Statutes (2016), which governs

were “overpayments” he was required to repay. Section 443.151(3)(e)l., Florida Statutes (2009), expressly

untimely filed was correct and is affirmed. See § 443.151(4)(b)3, Fla.Stat. (1993); Leon v. Unemployment

authority to order a de novo hearing pursuant to section 443.151(4)(c), Florida Statutes (1989), it did not

fact in an unemployment compensation case. See § 443.151(4)(b)5.c., Fla. Stat. (2012). We elect to treat

ineligible. This court has previously interpreted section 443.151(6)(b), Florida Statutes, to require repayment

521 So.2d 220 (Fla. 2d DCA 1988). Further, section 443.151(6)(b), Florida Statutes (2008), requires Keables

PER CURIAM. Affirmed. Section 443.151(3)(a) and (4)(b), Florida Statutes (1989).

Appellant’s administrative appeal as untimely. See § 443.151(4)(b)1., Fla. Stat. (2022) (allowing twenty days

without good cause chargeable to her employer. See § 443.151(4)(a), (c), (e), Fla. Stat. *1200(2012). We conclude

PER CURIAM. Affirmed. § 443.151(4)(b)3, Fla.Stat. (1991); Leon v. Unemployment Appeals Commission, 476

dismissal of appeal as untimely and noting that section 443.151(4)(b)3, Florida Statutes (1995), does not provide

SCHWARTZ, Senior Judge. WELLS, Judge. Affirmed. See § 443.151(3), Fla. Stat. (2009) (providing that an appeal

mistake because of her poor English. Pursuant to section 443.151(4)(b)5, Florida Statutes (2005), a claimant

appellate review within the limits established by section 443.151(4)(b), Florida Statutes (1993). CAMPBELL, A

PER CURIAM. Affirmed. See § 443.151(3)(a), Fla.Stat. (2000); Florida Administrative Code Rule 38E-5

assigned to an appeals referee for hearing. See § 443.151, Fla. Stat. (1993). At the hearing, conflicting

appeal the Amended Redetermination. Under section 443.151(3)(a), Florida Statutes (2001), determinations

followed. Although the majority is correct that section 443.151(4), Florida Statutes (2009), has no judicially-recognized

the kind of fair proceeding contemplated by section 443.151 and guaranteed by the Administrative Procedures

Jenkins, 323 So.2d 597 (Fla. 1st DCA 1975); § 443.151(4)(b)3, Fla.Stat. (1991). COBB, W. SHARP and DIAMANTIS

20-day statutory time limit had expired. See § 443.151(3)(a), Fla. Stat. (2009). Accordingly, the Appeals

PER CURIAM. Affirmed. See § 443.151(4)(b)(6), Fla. Stat. (2013) (“The referee’s decision is final unless

PER CURIAM. Affirmed. See § 443.151(4)(b)(6), Fla. Stat. (2013) (“The referee’s decision is final unless

Comm'n, 881 So.2d 89, 91 (Fla. 1st DCA 2004) ("Section 443.151(4)(b), governing appeals from UAC determinations

days late. The Commission then, pursuant to section 443.151(4)(b)3. of the Florida Statutes, 1 issued

review of the evidentiary hearing pursuant to section 443.151(4)(c), Florida Statutes (2008), and *932 vacated

affirm, modify, or reverse the determination.” § 443.151(4)(b)2., Fla. Stat. (2003). Here, the recommendation

herself of her right to appeal provided by section 443.151(4), Florida Statutes (2000). The Referee, appointed

the statute prescribing the time limitations. § 443.151(3)(a), Fla. Stat. (2003). The disposition of this

. PER CURIAM. Affirmed. See § 443.151(3)(a), Fla. Stat. (1997).

Appeals failed to demonstrate compliance with section 443.151(8)(a) of the Florida Statutes (2007), "Bilingual

to which he was not entitled, pursuant to section 443.151(6), Florida Statutes (1995). See Teague v.

PER CURIAM. Affirmed. See § 443.151(3)(a), Fla. Stat. (2009); Quintana v. Florida Unemployment Appeals

untimeliness of Collington’s appeal. Fla. Stat. § 443.151(4)(b)(2001); see Espinosa v. Cableoptics, Inc

after the twenty-day deadline provided by section 443.151(4)(b)3, Fla. Stat. (1997)).

affirmed the decision of the appeals referee. See § 443.151, Fla. Stat. (6)(b) (2001). Affirmed.

work as a condition for benefit eligibility. Section 443.-151(3)(a) requires notice of claim determination