Decision A-0321.97

Case Number Claimant Judge Language Decision date
Decision A-0321.97 Parks John Andrew  Federal  English 1998-06-01
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  statement of facts required 

Summary:

Umpire dismissed argument that the BOR did not comply with the requirements to provide a statement of findings. FCA held that while the Act did not require a detailed statement of findings of facts, a BOR must, when there is an issue of credibility, state at least briefly, as part of its findings, that it rejects certain evidence on the basis of credibility and why. When a BOR fails to do so it errs in law. Case returned to a new BOR.


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