| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
factual cases |
rate of benefit |
|
Summary:
The Commission erred in calculating the rate now reduced from $229 to $153 resulting in overpayment of $2128. It is clear that the Commission has the right to reconsider the claim. S.43 and 35 are crystal clear if action taken within 3 years. It is irrelevant that the error came from the Commission.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
Board's recommendation not accepted. Instead the Commission has undertaken, and in my view reasonably so, to conduct its own investigation into claimant's ability to return overpayment. The discretion under reg._60 is a matter for the Commission and notfor the Umpire.
