The claimant, Francisco J. Salinas, appeals the order of the Unemployment Appeals Commission (UAC) affirming the order of the appeals referee denying him unemployment compensation benefits. We reverse.
The claimant worked for a total of approximately eleven years at Eastern Aero Marine (“employer”), a company which manufacturers and repairs life rafts and life vests used on airplanes. Frоm October 1993 until February 2000, he worked in the manufacturing department, wherein certain chemicals are used. In February 2000, after the defendant develoрed allergies to these chemicals, he requested a transfer to a department in which no chemicals were used. When he was informed that there were no other positions available, he resigned. Approximately four months later, the claimant was rehired by the employer to work in the repair department, a department where these harmful chemicals are not used. In May 2004, his supervisor asked the claimant to assist in the production work, which he did for two days. On the third day, the claimant refused to continue doing production work, and was terminated.
At the evidentiary hearing, there was a factual dispute as to whether the claimant’s current supervisor and director of operations knew that he resigned in 2000 due to his allergies tо the chemicals used in the manufacturing department, and whether on the day that he was discharged, the claimant told his current supervisor and directоr of operations that he
Following the evidentiary hearing, the appeals referee entered an order affirming the claims adjudicator’s denial of unemployment compensation benefits, rеsolving all conflicts in favor of the employer and upholding the claims adjudicator’s conclusion that the claimant’s refusal to do the work requеsted of him constituted work-related misconduct. The UAC entered an order affirming the decision of the appeals referee.
“[A] reviewing court mаy not reject an administrative hearing officer’s findings of fact, as long as those findings are supported by competent, substantial evidence in the rеcord.” Maynard v. Florida Unemployment Appeals Comm’n,
While it is questionable whether the hearing officer’s findings of fact are supportеd by competent, substantial evidence, we decline to substitute our opinion for that of the referee.
Pursuant to section 443.101(l)(a), Florida Statutes (2004), a claimant is disqualified from receiving unemployment compensation benefits if he was dischаrged by his employer for misconduct connected with his or her work. Misconduct is defined as:
“Misconduct” includes, but is not limited to, the following, which may not be construed in pari materia with each other:
(a) Conduct demonstrating willful or wanton disregard of an employer’s interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee; or
(b) Carelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disregard of the еmployer’s interests or of the employee’s duties and obligations to his or her employer.
§ 443.036(29), Fla. Stat. (2004). The statute defining misconduct must be liberally
In Vazquez v. GFC Builders Corp.,
Here, the facts are undisputed that the claimant was hired to work in the repair department, not thе manufacturing department, and that workers in the manufacturing department are exposed to certain chemicals while workers m the repair department are not exposed to these chemicals. As such, we conclude that the change of duties that the employer attemрted to impose upon the claimant was not “usual for the particular position for which [the claimant] was hired.” Maynard,
Reversed.
Notes
. The director of operations was a key witness as tо whether the company was aware of the claimant's medical condition and the reasons for his refusal to do production-related аctivities, when they requested that he work in production which put him in contact with the chemicals used in that department. When asked if the claimant told him why hе was refusing to do the work, the director initially responded, “You know I-I really don’t recall, other than he was just refusing to do the work....” He then explained that he does not speak Spanish and the claimant’s English is not good, inferring that there was a communication problem. Moments later, however, the director had an amazing and instantaneous restoration of his memory which returned with absolute clarity because he testified that while they repeatedly asked the claimant why he was refusing to do the work requested, he never told them why. Conversely, the claimant maintained that everyone knew about his health issues, he specifically quit in February 2000 because of the problems he was experiencing due to his exposure to the chemicals, and he was rehired to work in a department where no chemicals were used. He also produced a letter from his doctor substantiating that he hаd been under his care since 2001 for medical conditions which made him unable to be in an environment where he would be exposed to these chemicals.
