Decision 18063
Full Text of Decision 18063
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
under oath |
|
Summary:
In STAMBERG, it was held that in the context of that case the Board had no valid reason to ignore the sworn declaration. While the Board is not authorized to ignore statutory declarations, neither must they accept them uncritically. Boards are required to weigh such evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
misinformation from commission |
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|
| penalties |
proof |
|
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| board of referees |
statement of facts |
not to be read strictly |
|
| board of referees |
weight of statements |
credibility |
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| penalties |
proof |
need for an explanation |
|
| board of referees |
jurisdiction |
assess credibility |
duty |
Decision A-1498.84
Full Text of Decision A-1498.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
under oath |
|
Summary:
The Board had no valid reason to ignore the sworn declaration of the claimant to the effect that he had been given wrong information by an employee of the Commission. The Board, contrary to what was decided by the Umpire, erred in law in ignoring that evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from Commission |
|
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| antedate |
misinformation from Commission |
credibility |
|
| board of referees |
errors in law |
burden of proof |
|
Decision 11355
Full Text of Decision 11355
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
under oath |
|
Summary:
Part of the evidence was the oral testimony of the claimant taken by the Board under the sanctity of oath. Under the circumstances, it is not enough for the Commission to blithely assert that the Board's finding was based on credibility.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from Commission |
credibility |
|
