MacVean v. Florida Unemployment Appeals Commission
Docket: No. 4-86-1683
Court: District Court of Appeal of Florida; February 24, 1987; Florida; State Appellate Court
Claimant's appeal against the Florida Unemployment Appeals Commission's decision mandates repayment of benefits deemed improperly received, as he was later found ineligible. The court references section 443.151(6)(b) of the Florida Statutes, affirming that repayment is required without the application of equitable defenses, which are only available when the state seeks to recoup from future benefits. This ruling is consistent with prior cases, specifically Sheppard v. State, Department of Labor and Employment Security, and its subsequent case. However, the court acknowledges a conflict with several other cases from the Third District Court of Appeal regarding this issue. Ultimately, the appeals commission's decision is upheld, with Judges Downey, Walden, and Stone concurring.