SUN MANUFACTURING CORP. v. SOUVENIR

No. 98-1433

728 So.2d 774 (1999)

SUN MANUFACTURING CORP., Appellant, v. Linda A. SOUVENIR, and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Third District.

February 17, 1999.


Attorney(s) appearing for the Case

Katz, Barron, Squitero, Faust & Berman and Michele L. McNichol, Miami, for appellant.

Proenza, Roberts & Hurst and Dana M. Gallup, Miami; David T. Azrin, Miami, for appellee Linda A. Souvenir.

John D. Maher, Tallahassee, for appellee Unemployment Appeals Commission.

Before COPE, LEVY, and SHEVIN, JJ.


PER CURIAM.

The seven-months-pregnant employee had been given written medical instructions to avoid, among other things, strenuous activity. It is doubtful that the record establishes an outright refusal by the employee to perform her assigned duties. Assuming her conduct on December 16, 1997, amounted to a refusal, the employee's testimony stands unrebutted that the assigned task required strenuous effort, causing physical pain. The refusal was therefore justified...

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