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BR-124571

Date: 
11/08/2012
Author: 
BOR (Board of Review)
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A slam dunk victory at the Board of Review. The opinion, which is spare, powerful and nearly poetic, is pasted in here, so you don't have to go to the PDF to see what it says.

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Board of Review Docket Number: BR-124571-OPW
 
Please conduct a de novo hearing with a resultant new decision and new appeal rights to the
Board of Review.
 
This action is necessary because in the findings of fact and his decision, the review examiner
focused on the wrong section of law and made gratuitous pronouncements about the claimant’s
veracity which were both entirely unsupported by the record and highly prejudicial. The only
issue before him was whether the claimant was entitled to a waiver under G.L. c. 15 1A, § 69(c)
and 430 CMR 6.00-6.15. However, he also rendered a purported conclusion that the
overpayment was due to misrepresentation of fact on the part of the claimant. That issue was
already addressed by .a previous review examiner, pursuant to G.L. c. 151A, § 69(a) and 71, and
it was, therefore, highly improper for the review examiner to raise it again here.
 
In addition, the review examiner made numerous findings of fact which are directly contradicted
by evidence in the record and the DUA’s own administrative record.
These errors interfered with the claimant’s right to a fair, independent, and impartial decision.

Kindly notify the parties of the date, time, and location of the new hearing.  

Advocate: Monica Halas

 

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