| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
issue not recognized |
|
Summary:
The claimant's spouse had access to his Teledec code and admitted that she continued to make claims and receive benefits to their joint account after his return to work. The Umpire stated that the Commission carries the burden of proving that the claimant made false or misleading statements under the legislation and that they were made knowingly. It is not necessary to establish fraud. In its conclusions, the Board of Referees addressed the issue of fraud and stated that the claimant did not knowingly defraud the Commission. The judge finds that the Board's decision was laconic and could not be upheld.
