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Benefit of Doubt |
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Summary:
The Commission argued that the Board erred in fact and in law by cancelling the allocation of the earnings confirmed by the employer as having been paid to the claimant. With respect to the Board of Referees' reference to its obligation to give the benefit of the doubt to the claimant when the evidence is equally balanced on both sides, the Commission pointed out that such an obligation applies only to cases of misconduct or voluntary leaving in accordance with section 49(2) of the Employment Insurance Act.