Summary of Issue: Notice Of Decision

Decision A-0244.96 Full Text of Decision A-0244.96

Penalty of $ 5589.00 for 23 false statements. Claimant erroneously notified of 1 false statement instead of 23. Umpire concluded that Commission had exceeded its authority and allowed the appeal rather than modifying the penalty amount. FCA concludes that Umpire failed to exercise his jurisdiction. Matter referred back to him or to the BOR to fix the penalty on the basis that the claimant made 1 false statement.

Decision 14442A Full Text of Decision 14442A

The notice of penalty applies only to two weeks even though CEIC had 25 misstatements in mind. In this case, not only would CEIC have been bound by the notice of penalty that only covered 2 weeks, but has not demonstrated that the insured acted knowingly.

Decision 12674 Full Text of Decision 12674

Once the notice of penalty was served, claimant should have been warned that any statements made by her after that might very well be used against her to establish the Commission's right to impose a penalty.