Decision 73822

Case Number Claimant Judge Language Decision date
Decision 73822   Marin  English 2009-11-30
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits  otherwise available 

Summary:

The claimant was denied benefits since it was determined she was not available for work. She was caring for her sick husband. The claimant was paid six weeks of compassionate care benefit until September 6, 2008. She then applied for sickness benefits effective September 7, 2008. The employer confirmed the claimant was on leave as of September 30, 2008 and did not know when she would be returning to work because of the illness of a close family member. She was simply not available for work during her period of incapacity because she was on an indefinite leave of absence and caring for her terminally ill husband when she became sick. Therefore, the claimant did not meet the entitlement conditions under the Act. The commission¿s appeal is allowed. .


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  Not available and not otherwise available 

Summary:

The claimant was denied benefits since it was determined she was not available for work. She was caring for her sick husband. The claimant was paid six weeks of compassionate care benefit until September 6, 2008. She then applied for sickness benefits effective September 7, 2008. The employer confirmed the claimant was on leave as of September 30, 2008 and did not know when she would be returning to work because of the illness of a close family member. She was simply not available for work during her period of incapacity because she was on an indefinite leave of absence and caring for her terminally ill husband when she became sick. Therefore, the claimant did not meet the entitlement conditions under the Act. The Commission's appeal is allowed.


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