Decision 23146

Case Number Claimant Judge Language Decision date
Decision 23146   Gibson  English 1993-10-14
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  court judgments or out-of-court settlements 

Summary:

Without prejudice rule raised. Held that the statement "The terms of this settlement shall not be referred to in any subsequent proceedings between the parties" does not apply to proceedings before the Umpire, not being between the employer and the claimant. New facts allowed as part of the record.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  new facts  definition 

Summary:

Without prejudice rule raised. Held that the statement "The terms of this settlement shall not be referred to in any subsequent proceedings between the parties" does not apply to proceedings before the Umpire, not being between the employer and the claimant. New facts allowed as part of the record.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  evidence new 

Summary:

It has been held that s. 86 does not restrict each particular entity, i.e., Commission, Board or Umpire to rescinding or amending only its own specific decisions, but that any decision made by any entity may be affected by the presentation of new facts, or on the other listed grounds.


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