Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
jurisdiction |
weigh evidence * |
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Summary:
The BOR concluded that the claimant was not entitled to benefits under the EIA because he was self-employed within the meaning of section 30(1) of the EIR during the benefit period. The BOR also upheld the assessment of a penalty under section 38 of the EIA for providing false and misleading information and maintained a notice of a very serious violation under section 7.1 of the EIA. The FCA ruled that it was not open to the Umpire nor is it open to the FCA to substitute findings of fact unless the claimant could demonstrate that the BOR's findings were made in a perverse or capricious manner or without regard to the material before it.