| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
The BOR having found that the claimant was credible and had made no false or misleading statements, the Commission, in the exercise of its discretion, cannot make a different finding of fact than the BOR. By failing to take into account the findings of fact of the BOR, the Commission fettered its discretion and it cannot be said that it exercised its discretion judicially. Judicial review allowed and matter sent back for reconsideration by the Commission.
