NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 
MOTION AND, IF FILED, DETERMINED. 
IN THE DISTRICT COURT OF APPEAL 
OF FLORIDA 
SECOND DISTRICT 
GRACE M. JENNINGS, )
) 
Appellant, )
) 
v. ) CASE NO. 2D01-4789 
) 
UNEMPLOYMENT APPEALS COMMISSION ) 
and ADVANCED BENEFIT SOLUTIONS, ) 
INC., )
) 
Appellees. ) 
) 
_____________________________________ ) 
Opinion filed September 13, 2002. 
Appeal from the Unemployment Appeals 
Commission. 
Grace M. Jennings, pro se. 
John D. Maher, Tallahassee, for Appellee UAC. 
No appearance for Advanced Benefit Solutions, 
Inc. 
BLUE, Chief Judge. 

Grace M. Jennings appeals the order of the Unemployment Appeals 
Commission affirming the appeals referee’s denial of unemployment compensation 
based on the conclusion that Jennings left her job without good cause attributable to her
employer. Because the referee’s conclusions are not supported by the referee’s factual 
findings, we reverse. 

According to the pertinent facts as found by the appeals referee, Jennings 
worked at an assisted living facility for approximately three years as an assistant 
bookkeeper. She then accepted an offer for a different position and transferred to the 
activities department. After her transfer, “she discovered that her duties were not what 
she thought they would be.” Jennings, a seventy-five-year-old woman, felt that the new 
job was too strenuous for her. No improvements were made when she complained, so 
Jennings eventually quit. 

Jennings provided the only record evidence, and her testimony at the 
telephone hearing was elicited by the referee’s questioning. In describing the position 
she was offered, Jennings testified that the administrator told her she “could do the 
bulletin boards . . . [and] do as [she] wanted on the – with the activities.” Jennings also 
testified she was not told until after the transfer that she would be working with 
Alzheimer’s patients and others needing enhanced care. The referee did not elicit any 
other testimony regarding the employer’s representations of the duties in the new 
position. The referee found that Jennings’ duties were not what she expected. In spite 
of this finding, however, the referee concluded that Jennings failed to show the position 
was misrepresented to her. This conclusion is contrary to the factual finding and the 
record evidence. 

Likewise, Jennings testified that the new job made physical demands that 
were beyond her. Instead of doing bulletin boards, she was doing exercises for the 
patients and pushing wheelchairs. The referee found that Jennings felt the new job was
too strenuous. Notably, the referee did not find that Jennings lacked credibility. 
Jennings testified: “[S]he [the activities director] would write on the board what I had to 
do that day so I would do that even if it was too hard for me . . . . I did what I was told 
until it got so hard I couldn’t hardly make it home at night.” The referee did not elicit any 
testimony to quantify the amount of time Jennings spent doing physically active work, 
any specifics regarding the nature of this work, nor any testimony regarding Jennings’ 
physical abilities. Therefore, the referee’s conclusion that Jennings failed to show that 
the job was too strenuous is not supported by the referee’s factual findings, and it is not 
supported by the evidence from the hearing. 

“[T]he determination of whether an employee voluntarily leaves a job 
without good cause attributable to an employer should focus on whether the 
circumstances behind the employee’s departure would have impelled the average, ableminded, 
qualified worker to give up his employment.” Lewis v. Lakeland Health Care 
Ctr. Inc., 685 So. 2d 876, 879 (Fla. 2d DCA 1996) (quoting Dean v. Fla. Unemployment 
Appeals Comm’n, 598 So. 2d 100, 101 (Fla. 2d DCA 1992)). Applying this test, the 
Third District granted benefits to a factory worker who was physically unable to do the 
heavy lifting required by her job. Gottardi v. Joaquin Gen. Distribs., Inc., 618 So. 2d 363 
(Fla. 3d DCA 1993). The Third District concluded that the factory worker acted 
reasonably in quitting a job that was physically beyond her. “[T]here is no meaningful 
difference between an employee who unavoidably finds that he or she cannot meet a 
known condition of employment and one who is discharged for simply failing to measure 
up to the requirements of the job.” 618 So. 2d at 365 (quoting Gulf County Sch. Bd. v. 
Washington, 567 So. 2d 420, 423 (Fla. 1990)). See also Krulla v. Barnett Bank, 629 So.
2d 1005 (Fla. 4th DCA 1993) (awarding unemployment benefits because claimant was 
physically unable to do job); Vajda v. Fla. Unemployment Appeals Comm’n, 610 So. 2d 
645 (Fla. 3d DCA 1992) (same); Herman v. Fla. Dep’t of Commerce, 323 So. 2d 608, 
609 (Fla. 3d DCA 1975) (considering the remedial and humanitarian purpose of the 
unemployment compensation statute, “[a] claimant ought not be penalized for seeking 
to be employed even if, in her desire to be employed, she takes an unsuitable job and 
after a few days cannot continue the employment”). Because the referee found that 
Jennings felt the job was too physically strenuous and there are no other findings, of 
fact or credibility, to support a contrary conclusion, we reverse the denial of 
unemployment compensation benefits. 

In this case, the employer did not appear at the telephone hearing 
because it was not called. The referee called the number listed on the notice of 
hearing, but it was a wrong number. Because we are remanding for a decision to be 
entered adverse to the employer, the employer should be given an opportunity to ask 
for the appeal to be reopened. Rule 38E-5.017(3), Florida Administrative Code, 
provides in part that “the appeals referee shall for good cause rescind a decision and 
reopen the appeal if the appellee did not appear at the last scheduled hearing and the 
referee has entered a decision adverse to the appellee.” 

Reversed and remanded with directions. 

SALCINES and DAVIS, JJ., Concur.