Decision A-0020.00

Case Number Claimant Judge Language Decision date
Decision A-0020.00 Velez Santa  Federal  English 2001-11-06
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  authority to review  new facts vs reconsideration 

Summary:

The BOR had refused to allow the claimant to put in evidence before it of her job search in order to demonstrate that her involvement with the business was only minor. The FCA held that the Umpire erred in refusing to receive the claimant's evidence regarding the Board's refusal to look at her job search. A Board is normally obliged to hear such evidence and its refusal to do so, if unexplained, could be found by an Umpire to be a denial of natural justice.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  request for review  new facts to BOR, Umpire or Commission 

Summary:

The BOR had refused to allow the claimant to put in evidence before it of her job search in order to demonstrate that her involvement with the business was only minor. The FCA held that the Umpire erred in refusing to receive the claimant's evidence regarding the Board's refusal to look at her job search. A Board is normally obliged to hear such evidence and its refusal to do so, if unexplained, could be found by an Umpire to be a denial of natural justice.


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