Decision A-1498.84

Case Number Claimant Judge Language Decision date
Decision A-1498.84 Stamberg R.  Federal  English 1986-02-11
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  misinformation from Commission 

Summary:

CUB 6642 referred to by Umpire in which it was held that the fact that the Commission wrongly advised a claimant does not relieve him from complying with s.9(4) [p. 6]. No valid reason for Board to ignore claimant's sworn declaration. Error in law.


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.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  misinformation from Commission  credibility 

Summary:

The Board did not accept his testimony. It did have grounds for such disbelief. Claimant at no time went back to office to identify such clerk and thereby give Commission the opportunity of questioning her [p. 4] said Umpire. No valid reason for Board to ignore sworn declaration.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  burden of proof 

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.


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