Decision A-0578.02

Case Number Claimant Judge Language Decision date
Decision A-0578.02 Schembri Joe  Federal  English 2003-12-04
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  55608 


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.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  reduction 

Summary:

The Court stated that the circumstances in which a claimant makes knowingly false representations can, at the most, only reduce the amount of the penalty. The Court found that the Umpire was correct in concluding that the BOR had erred in exonerating the claimant from liability because of his gambling addiction.


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