| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
error by board |
|
Summary:
Antedate denied by Board because claimant was not available for work. It is trite law that what a Board or Umpire must deal with is the decision that the Commission made, not that which it might or should have made. Availability had nothing at all to do with antedating.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
good cause |
test to apply |
|
Summary:
The Umpire said that good cause consists of circumstances beyond control. That mis-states the law. Not part of judicial function to formulate general rules that will inhibit a finding of good cause. As stated in GAUTHIER, good cause may include a reasonable, conscious delay.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
Summary:
Antedate denied by Board because claimant was not available for work. It is trite law that what a Board or Umpire must deal with is the decision that the Commission made, not that which it might or should have made. Availability had nothing at all to do with antedating.
