Decision A-0728.97

Case Number Claimant Judge Language Decision date
Decision A-0728.97 Dubois Gilles  Federal  French 1998-05-29
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


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.


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