WHS Trucking LLC v. Reemployment Assistance Appeals Commission
District Court of Appeal of Florida
1Concurring in part, dissenting in partKelsey, J.
I agree with the' majority’s conclusion that the employee was correctly found not guilty of misconduct. However, I respectfully dissent with respect to the authority to issue a corrected decision, because I conclude that the Commission has the legal authority to correct errors in decisions, including internal inconsistencies as was the case here. At all three levels of review — before the Department, Referee, and Commission — the end result was always that the former employee was not guilty of misconduct and would receive benefits, and the employer would be charged. It was only the Referee’s…
2Cases cited5 opinions
- Taylor v. DEPT. OF PRO. REG., B. OF M. EX.Supreme Court of Florida · 1988
- Johnson v. TERRY HUNT CONST. CO.District Court of Appeal of Florida · 2004
- Blaser v. Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 1997
- Willis v. Florida Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2005
- Johnston v. FLORIDA UNEMPLOYMENT APPEALS COMMISSIONDistrict Court of Appeal of Florida · 2011