CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Single Topic for Decision 0659E
Full Decision Text (click on the link to view): Full Text
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
While Board itself is free to consider the entire record and draw its own conclusions from the evidence presented, it will afford deference to an ALJ's findings of fact which incorporate credibility determinations. Deference is warranted here where one of two dramatically different versions of the same event was credited over the other and where the transcript provides little, if any, basis upon which to depart from the ALJ's conclusion.