Summary of Issue: Capable Of Work

Decision A0179.13 Full Text of Decision A0179.13

The claimant applied for EI sickness benefits. The Commission denied his claim as he was unable to provide a medical certificate. The Commission advised the claimant that he may qualify for regular EI benefits should he be willing to look for other employment, but the claimant refused to do so. The BOR dismissed the appeal, finding that the claimant had not established that he was unable to work due to his illness. The BOR also found that the claimant was not entitled to regular EI benefits, because he had not proven that he was available for work. The Umpire dismissed the claimant’s appeal. The FCA concluded that the claimant was not prepared to look for and accept other employment and, therefore, would not qualify for regular EI benefits.

Decision 68590 Full Text of Decision 68590

After receiving 15 weeks of sickness benefits, the claimant requested that her claim be changed to regular benefits. Over a year later, the claimant qualified retroactively to receive Canada Pension Plan disability benefits from the time she began receiving regular benefits. A retroactive disentitlement resulted in a large overpayment.