| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
excess of jurisdiction |
|
Summary:
The claimant having been misled by employees of the Commission, the BOR and the Umpire determined that the overpayment should be reduced by 50%. The FCA found that neither the BOR nor the Umpire had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the BOR nor the Umpire are free to declare the Commission's refusal to be an abuse of process.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
The claimant having been misled by employees of the Commission, the BOR and the Umpire determined that the overpayment should be reduced by 50%. The FCA found that neither the BOR nor the Umpire had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the BOR nor the Umpire are free to declare the Commission's refusal to be an abuse of process.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
|
Summary:
The claimant having been misled by employees of the Commission, the BOR and the Umpire determined that the overpayment should be reduced by 50%. The FCA found that neither the BOR nor the Umpire had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the BOR nor the Umpire are free to declare the Commission's refusal to be an abuse of process.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
errors in law |
excess of jurisdiction |
|
Summary:
The claimant having been misled by employees of the Commission, the BOR and the Umpire determined that the overpayment should be reduced by 50%. The FCA found that neither the BOR nor the Umpire had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the BOR nor the Umpire are free to declare the Commission's refusal to be an abuse of process.
