Summary of Issue: Health Reasons

Decision 77467 Full Text of Decision 77467

The claimant had not proven her availability for work pursuant to paragraph 18(a) of the Employment Insurance Act. She did provide a medical document in March 2010 which acknowledged the claimant's history of chronic back issue/pain for approximately 5 years and that she is unable to lift more than 15kg. The BOR concluded the note would not have precluded availability to work. The claimant's appeal is dismissed by the Umpire.

Decision 76347 Full Text of Decision 76347

The claimant left her job because of child care responsibilities. With respect to her establishing that she was available for work after leaving her job, she indicated that she could only work evenings. The Commission denied benefits claiming she had not proven her availability due to family responsibilities. The Board finds that she tried to return to the labour market, but her hearing disability is a big hardship in communication. The Board concluded that the claimant failed to establish her availability as she put personal restrictions on her hours of work, she could only work from 2 pm until 10 pm. The appeal by the claimant is dismissed by the Umpire.

Decision A0322.09 Full Text of Decision A0322.09

The claimant received EI sickness benefits for the maximum period allowed under 12(3)c) of the EIA. She was later found disentitled to regular EI benefits because her condition rendered her incapable of working. Before the FCA, the claimant raised, for the first time, an incomplete s. 15 Charter claim. The FCA found that the claimant failed to put before the FCA a factual record upon which a determination of constitutionality could appropriately be made. One consequence of her failure to do so is that the AG was deprived of the opportunity to tender evidence regarding a justification of a potential breach of s. 15 under s. 1 of the Charter.

Decision 29181 Full Text of Decision 29181

Permanent 25% disability; available 15 to 23 hours a week; disentitled after 5 months. Either he is then incapable of working, in which case he may apply for sickness benefits, or he is healthy enough to work full-time.

Decision 14284 Full Text of Decision 14284

Capable of work 3 days a week, so disentitled retroactively for 2 days each week in extended benefits. Overpayment of $864.

Decision 13710 Full Text of Decision 13710

Case turns on facts. Health in issue. Not available 2 days per week. Benefit paid 3 days per week.

Decision 11288 Full Text of Decision 11288

Medical evidence that claimant was able to perform only part-time work, and as he was already employed on a part-time basis, the Board properly determined that 14(a) was not satisfied.

Decision 08833 Full Text of Decision 08833

Held not available because she stated she will not work during the course of her physiotherapy (11:00 to 2:30, 3 days per week). This restriction severely restricts her chances of finding employment during normal business hours as she stated she will only work during the day.