Decision 63219

Case Number Claimant Judge Language Decision date
Decision 63219   Goulard G.  English 2005-04-04
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wage-loss indemnity  from employer 

Summary:

The employer credits his employees with $10.00 per week worked that they can use to buy a health plan or to cover medical expenses during the year. What has not been taken is paid out on severance. The Commission determined that the amount received by the claimant on termination constituted earnings which was allocated pursuant to subsection 36(9) of the EIR. The Umpire stated that to fall within the exception provided in paragraph 35(7)(b) of the Regulations, the moneys must have been paid under a sickness or disability wage-loss indemnity plan. He concluded that, in this case, there was no evidence that a plan was in place or that the moneys were paid to indemnify the claimant for loss of wages and confirmed the Commission's decision.


Date modified: