| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
The Board of Referees found that the claimant was credible and the Umpire recommended that the overpayment resulting from Commission errors be deducted. Referring to the decision of the FCA, Trial Division, in Campbell, T-0576.01, the judge indicated that the Commission had not taken into account the finding of fact of the Board of Referees and the Umpire, and by acting in this manner, had failed to note a significant factor and failed to exercise its discretion in a judicial manner. The application for judicial review was allowed and the matter referred back to the Commission for reconsideration.
