| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
discretionary power |
|
Summary:
Two letters, one for undeclared earnings and the other for false statements, were sent to claimant on March, 1996. Claimant filed a notice of appeal on May, 2001. Appeal denied by Commission but upheld by the BOR who reviewed evidence from the claimant and substituted its discretion for that of the Commission. Error in law found by Umpire: the only issue for determination by the BOR is whether the Commission exercised its discretion judicially. The BOR erred in its failure to deal with that issue.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
discretion of Commission |
time for appeal to bor |
Summary:
Two letters, one for undeclared earnings and the other for false statements, were sent to claimant on March, 1996. Claimant filed a notice of appeal on May, 2001. Appeal denied by Commission but upheld by the BOR who reviewed evidence from the claimant and substituted its discretion for that of the Commission. Error in law found by Umpire: the only issue for determination by the BOR is whether the Commission exercised its discretion judicially. The BOR erred in its failure to deal with that issue.
