MARSOCCI v. FLA. UNEMPLOYMENT APPEALS COM'N No. 1D11-0412.
76 So.3d 27 (2011)
Leighann Lightsey MARSOCCI, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and Treasure Coast Cardiology, Appellees.
District Court of Appeal of Florida, First District.
November 30, 2011.
Leighann Lightsey Marsocci, pro se, Appellant.
A. Robert Whaley, General Counsel, and M. Elaine Howard, Deputy General Counsel, Tallahassee, for Appellee Florida Unemployment Appeals Commission.
Leighann Lightsey Marsocci appeals an order of the Unemployment Appeals Commission (UAC) affirming an appeals referee's order that found Ms. Marsocci disqualified for unemployment benefits from July 4, 2010, through September 10, 2010, because she was not able and available for work. Because we find that some of the appeals referee's findings are not supported by competent, substantial evidence, we reverse and remand for clarification.
At the hearing before the appeals referee on September 10, 2010, Ms. Marsocci testified that she filed a claim for unemployment benefits effective July 4, 2010, after she lost her full-time job as a medical assistant. When asked if she was looking for full-time or part-time work, she first answered "part time," but then immediately stated, "[e]ither/or, whichever I can find I will take." She also testified that nothing had kept her from looking for work, that if offered a full-time position she would be able to accept it, and that she had made seven job contacts since July 4 and had searched the internet for available positions.
To be eligible to receive unemployment benefits in any week, a claimant must show, among other requirements, that she is "able to work and is available for work." § 443.091(1)(d), Fla. Stat. (2010). "Able to work" means "physically and mentally capable of performing the duties of the occupation in which work is being sought." § 443.036(1), Fla. Stat. (2010). "Available for work" means "actively seeking and being ready and willing to accept suitable employment." § 443.036(6), Fla. Stat. (2010). Florida Administrative Code Rule 60BB-3.021 sets out relevant criteria in determining whether a claimant is able and available for work:
In the present case, there was no evidence that Ms. Marsocci was not able to work, as defined by statute. Additionally, Ms. Marsocci testified that nothing had
We reverse the UAC's order and remand with instructions to make findings based solely on the evidence in the record. See Chapman v. Fla. Unemployment Appeals Comm'n,
Reversed and remanded.
BENTON, C.J., VAN NORTWICK, and SWANSON, JJ., concur.
- No Cases Found