Decision 40243

Case Number Claimant Judge Language Decision date
Decision 40243   Haddad  English 1998-02-09
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  knowingly 

Summary:

BOR in its decision to find falsity used the words "knowingly or should have known". Umpire found those words neutralized the word "knowingly" and ruled that BOR erred in adopting them as they do not meet the test according to the legislative provisions to determine falsity.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  meaning of a term 

Summary:

BOR in its decision to find falsity used the words "knowingly or should have known". Umpire found those words neutralized the word "knowingly" and ruled that BOR erred in adopting them as they do not meet the test according to the legislative provisions to determine falsity.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  official wordings differ 

Summary:

BOR in its decision to find falsity used the words "knowingly or should have known". Umpire found those words neutralized the word "knowingly" and ruled that BOR erred in adopting them as they do not meet the test according to the legislative provisions to determine falsity.


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