| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
credibility |
|
Summary:
Umpire ruled that it was up to the Board of Referees to consider the ultimate question, which concerned not only which of the two versions had to be preferred, but whether, even if the employer’s version were set aside, the testimony of the claimant could be relied upon, given his previous statements. The BOR had a duty to weigh the testimony and previous statements with care, but preferred to accept the claimant’s testimony and ignored the contradictions on the record. The FCA agreed with the Umpire’s decision to set aside the decision of the BOR.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
decision incomplete |
various |
Summary:
Umpire ruled that it was up to the Board of Referees to consider the ultimate question, which concerned not only which of the two versions had to be preferred, but whether, even if the employer’s version were set aside, the testimony of the claimant could be relied upon, given his previous statements. The BOR had a duty to weigh the testimony and previous statements with care, but preferred to accept the claimant’s testimony and ignored the contradictions on the record. The FCA agreed with the Umpire’s decision to set aside the decision of the BOR.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
board of referees |
errors in law |
weight of statements |
Summary:
Umpire ruled that it was up to the Board of Referees to consider the ultimate question, which concerned not only which of the two versions had to be preferred, but whether, even if the employer’s version were set aside, the testimony of the claimant could be relied upon, given his previous statements. The BOR had a duty to weigh the testimony and previous statements with care, but preferred to accept the claimant’s testimony and ignored the contradictions on the record. The FCA agreed with the Umpire’s decision to set aside the decision of the BOR.
