| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
amount of penalty |
second offence |
|
Summary:
Penalty of $16,520 (200% of the overpayment) imposed. The BOR refused to interfere. Umpire found that there was no indication of what factors were considered in fixing the amount of the penalty, except for the fact that it constituted a second infraction by the claimant. The Commission has the responsibility to inquire in all factors relevant in fixing the penalty, including a claimant's ability to pay. Matter returned to a new BOR to determine if the Commission has exercised its discretion judicially.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
|
Summary:
Penalty of $16,520 (200% of the overpayment) imposed. The BOR refused to interfere. Umpire found that there was no indication of what factors were considered in fixing the amount of the penalty, except for the fact that it constituted a second infraction by the claimant. The Commission has the responsibility to inquire in all factors relevant in fixing the penalty, including a claimant's ability to pay. Matter returned to a new BOR to determine if the Commission has exercised its discretion judicially.
