Decision A-0773.00

Case Number Claimant Judge Language Decision date
Decision A-0773.00 Petryna Thomas M.  Federal  English 2002-01-30
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  49609 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  insurability  number of hours 

Summary:

Issue: Can a BOR or an Umpire suspend an extra hours penalty (following the issuance of a notice of violation) imposed by the Commission pending the determination of an appeal against the penalty itself? No. The FCA held that the principle of criminal justice that a person is presumed innocent until proven guilty is not applicable when the Commission has exercised its power to impose an administrative penalty on a person whom it believes is in breach of a statutory duty.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  discretionary power 

Summary:

Issue: Can a BOR or an Umpire suspend an extra hours penalty (following the issuance of a notice of violation) imposed by the Commission pending the determination of an appeal against the penalty itself? No. The FCA held that the principle of criminal justice that a person is presumed innocent until proven guilty is not applicable when the Commission has exercised its power to impose an administrative penalty on a person whom it believes is in breach of a statutory duty.


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