Decision 42726
Full Text of Decision 42726
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
mistake as to a |
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Summary:
Counsel for clmt argues that failure to specify all areas of allocation in letters sent by Commission was a mistake as to a material fact pursuant to EIA 120. Umpire ruled that no prejudice to the clmt was shown by a clerical error which carried no consequence to the clmt since total amount of allocation is correct.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| earnings |
allocation |
applicability |
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Decision 42471
Full Text of Decision 42471
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
mistake as to a |
new facts to BOR, Umpire or Commission |
Summary:
BOR allowed appeal based on an error made on the Notice of Decision which did not spelled out all the separation moneys the total represented. Umpired ruled that no material fact occurred in this case as no prejudice to clmt has been shown by what can only be termed a clerical error which carries no consequence for clmt since total amount of allocation is correct.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
factual cases |
earnings |
|
Decision 23333A
Full Text of Decision 23333A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
mistake as to a |
new facts to BOR, Umpire or Commission |
Summary:
Claimant seeks to have the Umpire specifically "name the CEIC as the offending party in the violation of the Privacy Act". A material fact under s.86 and CUB_7349 is one that can affect the outcome of the appeal in an essential and fundamental way. The request, even if allowed, would not do this.
Decision 16104A
Full Text of Decision 16104A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
mistake as to a |
new facts to BOR, Umpire or Commission |
Summary:
This Umpire's decision of 3-1-89 having been based on the earlier above stated mistake as to a material fact [a finding that the pertinent provisions of the employer's written policy did not exist prior to 31-12-84], it is accordingly rescinded.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Decision 22466B
Full Text of Decision 22466B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
without knowledge of |
new facts to BOR, Umpire or Commission |
Summary:
The attorneys erroneously checked the box indicating "hearing not requested"; their client had requested a hearing. According to CEIC, we must comply with section 86. It is my opinion that a clerical error regarding the necessity for a hearing is an essential fact that was not known to me at the time of the decision.
