Oliva v. UNEMPLOYMENT APPEALS COMMISSION

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.

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…