Summary of Issue: Under Oath


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
penalties proof
board of referees statement of facts not to be read strictly
board of referees weight of statements credibility
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
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
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