Osborne v. Florida Unemployment Appeals Commission
Osborne v. Florida Unemployment Appeals Commission
Opinion of the Court
The claimant appeals an order entered by the Unemployment Appeals Commission affirming dismissal of his proceeding for unemployment compensation before the appeals referee and denying a motion to reinstate the proceeding. We affirm.
The claimant filed a claim for unemployment benefits after the termination of his employment with International Typography Services, Inc. Upon the request of the Division of Unemployment Compensation for information on the reason for Osborne’s termination, the employer advised
The claimant timely appealed the dismissal decision to the Unemployment Appeals Commission which affirmed the appeals referee’s decision relying upon Rule 38E-5.022, Florida Administrative Code which provides for an appellant’s oral withdrawal of appeal at the time of the hearing, when made on the record and followed by the appeals referee’s written decision dismissing the appeal.
Subsequently, appellant petitioned the commission for what was in effect reinstatement of his appeal. To that end, he asserted that his employer had given misinformation to the division regarding the circumstances surrounding his separation from employment. We conclude that regardless of the validity of that assertion, it is of no aid to appellant in his effort to have his claim reinstated. Rule 38E-5.-017(3) of the Florida Administrative Code provides for the discretionary reinstatement of an appeal by the referee where the referee is petitioned to reinstate the claim and where the withdrawal request was made as a result of misinformation or coercion. This rule was not strictly applicable to the present case because appellant petitioned the commission rather than the referee. Nonetheless, had the appeal been properly presented to the appeals referee, it would have been unavailing to this claimant because he did not show that he was lulled into dismissing his appeal by misinformation or coercion.
Accordingly, the decision of the commission is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.