Decision 16648A

Case Number Claimant Judge Language Decision date
Decision 16648A   Strayer  English 1989-10-03
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  decision incomplete 

Summary:

The Board erred in law or declined to exercise its jurisdiction by refusing to calculate insurable earnings and resulting rate of benefit. To this end, the Board may refer questions to the Commission for investigation and report pursuant to reg. 65.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  independent decision-making 

Summary:

The Board erred in law in simply endorsing the decision on the basis that "the Commission has acted responsibly". This is of no direct relevance. It is the correctness of that decision which the Board is obliged to determine.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  statement of facts required 

Summary:

While accepting that the Commission was correct in its calculation, the Board states no evidence upon which it has reached that conclusion. Such failure is an error of law and gives rise to an inference that the Board did not have regard to material before it.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  issue not recognized 

Summary:

The Board erred in law in simply endorsing the decision on the basis that "the Commission has acted responsibly". This is of no direct relevance. It is the correctness of that decision which the Board is obliged to determine.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  decision incomplete  various 

Summary:

The Board erred in law or declined to exercise its jurisdiction by refusing to calculate insurable earnings and resulting rate of benefit. To this end, the Board may refer questions to the Commission for investigation and report pursuant to reg. 65.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  board of referees  statement of facts  as a requirement 

Summary:

While accepting that the Commission was correct in its calculation, the Board states no evidence upon which it has reached that conclusion. Such failure is an error of law and gives rise to an inference that the Board did not have regard to material before it.


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