Decision A-0046.03
| Case Number | Claimant | Judge | Language | Decision date |
|---|---|---|---|---|
| Decision A-0046.03 | Gray Kathleen | Federal | English | 2003-12-02 |
| Decision | Appealed | Appellant | Corresponding Case |
|---|---|---|---|
| Allowed Unanimous - Returned to the ump | No | Commission | 55884 |
| Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: |
|---|---|---|---|
| penalties | amount of penalty | mitigating circumstances |
Summary:
The Court stated that when a claimant brings forward claims of inability to pay or financial hardship, the Commission or the BOR are required to consider whether these claims are mitigating factors that would merit a reduction of the penalty. The Court found that the BOR had failed to properly exercise its jurisdiction by not concluding on the financial hardship argument of the claimant.