Smith v. Unemployment Appeals Commission

STRINGER, Judge.

We reverse the denial of Cheryl Smith’s unemployment benefits because the appeal referee’s finding in the recommended order that she was terminated for misconduct was not supported by competent, substantial evidence.

Smith commenced employment with Mease Manor, Inc., as a certified nursing assistant on November 16, 2000, and satisfactorily performed her duties at the assisted living facility until August 2003. On August 1, 2003, Smith was responsible for the well-being of a hospice patient suffering from congestive heart failure. She observed that the patient was very anxious,…