| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
excess of jurisdiction |
|
Summary:
The Board was correct in law in not deciding this secondary issue. However, if the Board considered the decision of the Insurance Officer irrelevant to the real matter in question, it should have referred the case back to the Commission. In not doing so, it failed to exercise its jurisdiction.
The Board may only deal with a "decision" of the Commission as it is. A party may not raise an issue at the hearing which was not part of the decision upon which the appeal was based. The Board cannot go beyond the decision and address issues not properly before it. To do so is an error of law.
