| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
case not appealed |
|
Summary:
Held by the FCA that the Umpire's conclusion was not one which was open to him since the Court had already ruled (see FCA A-0667.96) that the BOR had failed to properly consider the subjective aspect of the claimant's statements. His only option was to give effect to it by allowing the appeal and referring the matter back to a BOR or determine the issue for himself on the basis that the BOR had committed the error identified by the Court and dispose of the appeal accordingly.
