Decision A-0737.97

Case Number Claimant Judge Language Decision date
Decision A-0737.97 El Maki Abdel K.  Federal  French 1998-06-11
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  independent decision-making 

Summary:

The BOR had the right to reject the evidence after weighing and assessing it, but it could not ignore it.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  errors in law  excess of jurisdiction 

Summary:

Although an Umpire has the authority, when cancelling a BOR's decision, to give the decision that should have been given, he should do so only when the evidence in the file is sufficiently clear and not open to interpretation or subjective assessment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  without regard for material 

Summary:

Although an Umpire has the authority, when cancelling a BOR's decision, to give the decision that should have been given, he should do so only when the evidence in the file is sufficiently clear and not open to interpretation or subjective assessment.


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