Decision A0340.07

Case Number Claimant Judge Language Decision date
Decision A0340.07 Penney  Sharlow  English 2009-12-02
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  special reasons  definition  time to appeal to bor and Umpire 

Summary:

On August 24, 2006, the claimant, an offshore oil rig worker, submitted a letter of appeal contesting a period of disentitlement. The Commission denied the request for an appeal as the claimant had missed the 30 day deadline and had not shown special reasons for the delay. The BOR held that the dismissal of the claimant's two previous appeals and the delivery of a new decision involving an employment situation similar to that of the claimant did not constitute special reasons. The BOR determined that the Commission's decision not to accept the claimant's appeal was judicially exercised. The Umpire ruled that the BOR did not err in dismissing the appeal and that the BOR exercised its discretion judicially. The FCA concluded that the Umpire had made no errors warranting its intervention.


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