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Knapp v. Unemployment Appeals Comm

District Court of Appeal of Florida, Fourth District
Oct 19, 1994
643 So. 2d 127 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2934.

October 19, 1994.

Appeal from the State of Florida Unemployment Appeals Commission.

George R. Knapp, pro se.

William R. Moore, Tallahassee, for appellee.


We reverse the decision of the UAC. Its order rejected the referee's finding of fact to the effect that claimant's supervisor had instructed him to assist residents by lifting heavy packages for them. There was testimony in the record that, if believed by the referee, was sufficient to establish the fact in issue.

Although an agency may reject a hearing officer's finding of fact after it has read the entire record, the record must disclose the complete absence of evidence to support the factual finding. Schumacher v. Dep't of Professional Regulation, 611 So.2d 75 (Fla. 4th DCA 1992). The mere fact that UAC read the record in this case did not authorize the agency to disagree with a referee's credibility determination. Id.

REVERSED.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


Summaries of

Knapp v. Unemployment Appeals Comm

District Court of Appeal of Florida, Fourth District
Oct 19, 1994
643 So. 2d 127 (Fla. Dist. Ct. App. 1994)
Case details for

Knapp v. Unemployment Appeals Comm

Case Details

Full title:GEORGE R. KNAPP, APPELLANT, v. UNEMPLOYMENT APPEALS COMMISSION, STATE OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 19, 1994

Citations

643 So. 2d 127 (Fla. Dist. Ct. App. 1994)

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