| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
forms not received from Commission |
|
|
Summary:
Initial claim filed 9-11-83 and first report card submitted. Did not receive any other card or decision, so the Commission neglected to comply with ss.40(2). Good cause shown for what must be regarded as an initial claim.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
second notice a nullity |
|
Summary:
The Commission argues that ss.43(1) is the remedy to VON FINDENIGG to amend a notice following appeal. Given the Commission's refusal, no benefits have yet been paid and so the cited provision has no application because it does not address the issue.
VON FINDENIGG referred to. In purporting to adjudicate upon those 2 nullities as if they were the subject of the appeal, the Board lost, or never acquired, jurisdiction. The Board must adjudicate an issue fully appreciated by the parties.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
decision not to reconsider |
|
Summary:
Pleadings serve the purpose of defining the issues in courts of record and may do so even if the hearing be summary in nature. The Commission is not permitted to switch issues after claimant appeals.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
correction to consider |
|
Summary:
If the Commission seeks to invoke s.86 after claimant has appealed, clearly it must rescind that decision, thus aborting the appeal, and so notify claimant. Thereupon, it may issue a new decision with a fresh period given to claimant to appeal.
