Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
umpires |
jurisdiction |
evidence new |
|
Summary:
Umpire dismissed request to produce a doctor's certificate, saying that the evidence had been available during the hearing before the BOR, that the claimant had not tried to present a certificate at that time and that it did not constitute a new fact. FCA stated that the fundamental condition for new evidence is that it be material, in that it is likely to have a major impact on the resolution of the issue, if not to provide a complete solution.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Umpire dismissed request to produce a doctor's certificate, saying that the evidence had been available during the hearing before the BOR, that the claimant had not tried to present a certificate at that time and that it did not constitute a new fact. FCA stated that the fundamental condition for new evidence is that it be material, in that it is likely to have a major impact on the resolution of the issue, if not to provide a complete solution.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
umpires |
reconsideration of claim |
new facts |
definition |
Summary:
Umpire dismissed request to produce a doctor's certificate, saying that the evidence had been available during the hearing before the BOR, that the claimant had not tried to present a certificate at that time and that it did not constitute a new fact. FCA stated that the fundamental condition for new evidence is that it be material, in that it is likely to have a major impact on the resolution of the issue, if not to provide a complete solution.