5D03-3468 Browning v. UAC

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3468

Case Date: 05/10/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

WILLIAM A. BROWNING, Appellant, v. Case No. 5D03-3468 UNEMPLOYMENT APPEALS COMMISSION, Appellee. / Opinion filed May 14, 2004 Administrative Appeal from the Unemployment Appeals Commission. William A. Browning, Worthville, KY, Pro Se. No Appearance for Appellee. ORFINGER, J. William J. Browning appeals the denial of unemployment compensation benefits based on a finding that he voluntarily left his job without good cause. Because competent substantial evidence supports that finding, we affirm. Browning was employed by QIS, Inc. as a construction inspector. He was assigned to a project in Georgia and received daily pay and travel expenses. After that job was completed, Browning was offered a similar position on a project in Pennsylvania. As the Pennsylvania project was coming to an end, QIS offered Browning employment at a project in Maryland. The hearing officer found, based on conflicting evidence, that the terms of Browning's employment in Maryland differed from his previous jobs in Georgia and

Pennsylvania in that he would be paid and receive travel expenses only for those days actually worked. Consequently, Browning would receive no pay or expenses for days no construction was performed due to weather or other circumstances. Because Browning averaged only three days of work per week in Pennsylvania, his earnings and travel reimbursement were low, and as a result, he resigned. A claimant who voluntarily leaves work without good cause is disqualified from receiving unemployment benefits. Good cause "includes only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work."

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