Summary of Issue: New Facts

Decision 62912A Full Text of Decision 62912A

Following receipt of the Board's decision, the claimant submitted a request to have the Board reconsider its decision. He provided additional evidence in regard to his bank deposits. The Umpire stated that the Commission should have sent the claimant's request for a review of its decision to the Board and have the Board determine whether the new evidence presented by the claimant warranted a reconsideration. He referred the matter back.

Decision T-0370.95 Full Text of Decision T-0370.95

Mandamus filed to force the Commission to have the BOR's refusal to extend the time to appeal reconsidered. A BOR recommendation is not binding on the Commission and a decision on a recommendation cannot be appealed before the BOR.

Decision 20765 Full Text of Decision 20765

Some time after the decision, the employer asked that a rehearing be scheduled so as to allow him to make submissions. The Chairman refused the request on the grounds that proper notification had been delivered. No grounds exist which would justify the interference of an Umpire.

Decision 19840 Full Text of Decision 19840

Notice of hearing by Board received by claimant after hearing. In such a case, an offer for a re-hearing should make it clear that the claimant will have the option to have the matter re-heard by the same or a newly constituted Board. Choice given here was same Board or Umpire.

Decision 18856 Full Text of Decision 18856

Asks the Board to review its decision and provides supporting documents: job search and financial statements. The evidence she is now seeking to introduce does not constitute in any way new facts of which she was unaware at that time.

Decision 14385 Full Text of Decision 14385

Whatever the reasons for the first Board's decision, once a claimant requests and obtains a rehearing he puts the whole appeal in issue once again and it was open to the second Board to reach its own conclusions on the evidence as presented to it.

Decision 11826 Full Text of Decision 11826

The Commission had every opportunity at the hearing to present all the evidence. It chose not to produce the affidavit. I see no reason to refer the matter back for rehearing in order to provide the Commission with another opportunity to do what it could have done.

Decision 11800 Full Text of Decision 11800

Insured was successful at board; employer requested new hearing; according to insured, employer should have appealed to Umpire and board cannot rehear case under s. 86. I do not agree. Up to board to decide whether there are are new facts.