IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 
FIFTH DISTRICT JULY TERM 2002 
GERALD P. SCROSATI, 
Appellant, 
v. CASE NO. 5D01-3452 
UNEMPLOYMENT APPEALS 
COMMISSION, 
Appellee. 
_____________________________/ 
Opinion filed October 11, 2002 
Administrative Appeal from the 
Unemployment Appeals Commission. 
Adrienne E. Trent, Wayne L. Allen 
and W. John Gadd of Wayne L. 
Allen & Associates, P.A., Melbourne, 
for Appellant. 
John D. Maher, Tallahassee, 
for Appellee. 
PETERSON, J. 

Gerald B. Scrosati appeals the denial of his claim for unemployment benefits. Scrosati 
claims that he resigned as a counselor for the Department of Children and Families (DCF) 
due to the stress of his high caseload which caused him to develop acute hypertension. DCF 
argues that Scrosati simply retired early at the age of 62. 

This case is extremely troublesome for the reason that Scrosati would be entitled to 
benefits if a bona fide medical condition demanded separation from employment. Fla. Stat. 
§ 443.101(1)(a)1 (2001); e.g., Krulla v. Barnett Bank, 629 So. 2d 1005 (Fla. 4th DCA 1993).

Apparently he did not make his condition known to DCF and elected to "tough it out" in order 
to gain eligibility for retirement benefits. The appeals referee found that Scrosati voluntarily 
left his employment in order to retire, not because of hypertension. 
Although Scrosati's claim is uncontroverted that he left employment because of his 
medical condition, the appeals referee's factual finding that Scrosati resigned in order to elect 
retirement is also supported by the evidence and should not be overturned on appeal. E.g., 
Kelle v. D. H. Holmes Co., Ltd., 658 So. 2d 1161 (Fla. 2d DCA 1995). 

The order of the Unemployment Appeals Commission denying benefits is affirmed. 

AFFIRMED. 
HARRIS and PLEUS, JJ., concur.