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Summary:
The Court stated that a determination of what constitutes earnings is a mixed question of fact and law and the Umpire was required to apply the reasonableness simplicter test. The Court determined that, since there was some evidence before the BOR on which it based its decision, it was not unreasonable for them to conclude that the settlement received was damages for the relinquishment of the right of reinstatement. Therefore, the Umpire erred in reviewing the Board's decision.
