Summary of Issue: Mistake As To A

Decision 42726 Full Text of Decision 42726

Counsel for clmt argues that failure to specify all areas of allocation in letters sent by Commission was a mistake as to a material fact pursuant to EIA 120. Umpire ruled that no prejudice to the clmt was shown by a clerical error which carried no consequence to the clmt since total amount of allocation is correct.

Decision 42471 Full Text of Decision 42471

BOR allowed appeal based on an error made on the Notice of Decision which did not spelled out all the separation moneys the total represented. Umpired ruled that no material fact occurred in this case as no prejudice to clmt has been shown by what can only be termed a clerical error which carries no consequence for clmt since total amount of allocation is correct.

Decision 23333A Full Text of Decision 23333A

Claimant seeks to have the Umpire specifically "name the CEIC as the offending party in the violation of the Privacy Act". A material fact under s.86 and CUB_7349 is one that can affect the outcome of the appeal in an essential and fundamental way. The request, even if allowed, would not do this.

Decision 16104A Full Text of Decision 16104A

This Umpire's decision of 3-1-89 having been based on the earlier above stated mistake as to a material fact [a finding that the pertinent provisions of the employer's written policy did not exist prior to 31-12-84], it is accordingly rescinded.