Template of a Board of Referees Decision

PARTIES

Identify the parties. State whether they are present in person or by telephone; if represented, state by whom. If parties are not present, state how they were notified (from the docket). State whether the hearing was taped.

ISSUES

State the issues in your language, not the language of a party. A neutral statement usually begins: “Whether or not..”

INFORMATION FROM THE DOCKET

This information is not “the facts.” These are assertions or evidence put forward by the Commission and the claimant. Nothing will become “a fact” until you find it as a fact during the deliberation phase. Normally, you review this by party, chronologically.

EVIDENCE AT THE HEARING

Summarize relevant, new evidence. Usually, this is the claimant’s evidence. Try not to weigh the evidence. Just state what evidence was offered.

FINDINGS OF FACT, APPLICATION OF LAW

In this section you discuss the most relevant evidence, the evidence you want to put weight upon, and credibility factors. For each contested area, you make a finding of fact.

DECISION

This is a simple statement about whether the claimant’s appeal is upheld or denied. If unanimous, state that. If there is a dissenting (minority) view, the dissenting member must write reasons.