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Desilva v. Department of Transportation
Citations: 564 So. 2d 216; 1990 Fla. App. LEXIS 4974; 1990 WL 95391Docket: No. 89-2013
Court: District Court of Appeal of Florida; July 11, 1990; Florida; State Appellate Court
Mrs. DeSilva appeals a decision from the Department of Administration that upheld the termination of her position at the Department of Transportation for alleged abandonment. Initially, she requested a leave of absence due to a non-work-related back injury, with a tentative return date of November 23, 1988, which her supervisor approved. On November 22, her physician informed the supervisor that she would be unable to return to work, and the supervisor requested a formal letter from the doctor. However, no correspondence was received for two weeks, leading to a termination letter from the district director on December 2, 1988, citing abandonment due to lack of communication. The Department of Administration supported the termination, ruling Mrs. DeSilva's absence constituted abandonment. The court referenced Tomlinson v. Department of Health and Rehabilitative Services, noting that the Department of Administration lacks authority to review dismissal orders, but chose not to address any potential jurisdictional issues since neither party raised them. On appeal, Mrs. DeSilva argued she had sufficient evidence to counter the abandonment presumption, citing her physician's communication with her supervisor indicating her ongoing inability to work and the supervisor’s assurance of sending the necessary forms. The court found her reliance on this representation reasonable. Consequently, the court reversed the Department of Administration's order and instructed for her reinstatement with back pay. The decision was unanimously supported by the judges.