03-1233 RAMIREZ V. SEARS

State: Florida

Court: Florida Third District Court

Docket No: 03-1233 RAMIREZ V. SEARS

Case Date: 12/17/2003

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

RAMON E. RAMIREZ, Appellant, vs. SEARS ROEBUCK AND COMPANY and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees.

** ** ** ** ** ** LOWER TRIBUNAL NO. 03-2846 CASE NO. 3D03-1233

Opinion filed December 17, 2003. An appeal from the Florida Unemployment Appeals Commission. Keith M. Stern, for appellant. John D. Maher (Tallahassee), for appellee Commission. Before COPE, LEVY and FLETCHER, JJ. PER CURIAM. Ramon Ramirez appeals an order denying unemployment

compensation benefits. As we view the matter, the violation of the work rule in this case was attributable at least in part to a

breach of procedure by another Sears Roebuck and Company employee who failed to place a warning cone behind the customer's vehicle when it was taken into the service bay, and on a supervisor's decision to reassign the mechanic responsible for the tire

rotation, before the mechanic had completed his work. While it may be true that the claimant Ramirez should have noticed the tire rotation work on the invoice and checked to make sure it was complete, this amounts at best to an isolated incident of

negligence which does not rise to the level of disqualifying misconduct under the unemployment compensation statute. See

Philemy v. Florida Dept. of Health and Rehabilitative Servs., 731 So. 2d 64 (Fla. 3d DCA 1999); Easton v. State Unemployment Appeals Comm'n, 693 So. 2d 712 (Fla. 4th DCA 1997); Bulkan v. Florida Unemployment Appeals Comm'n, 648 So. 2d 846 (Fla. 4th DCA 1995). Accordingly we reverse the order under review and remand with directions to grant the unemployment benefits. Reversed and remanded.

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