Decision A-0089.99

Case Number Claimant Judge Language Decision date
Decision A-0089.99 Hoek Paul  Federal  English 2000-05-10
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  43269 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  insurability  number of hours  calculation 

Summary:

Reg. 94.1 is a provision of substance, not of procedure and is clearly mandatory. It stipulates that weeks of insurable employment that were worked prior to 01-01-97 are converted into hours of insurable employment and this conversion is made on the basis of 35 hours per week worked. It is a provision that applies automatically whenever a worker seeks to be credited for work done prior 01-01-97. It is not a provision which a claimant may choose to invoke or not to invoke.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  basic concepts  insurability  applicability 

Summary:

Reg. 94.1 is a provision of substance, not of procedure and is clearly mandatory. It stipulates that weeks of insurable employment that were worked prior to 01-01-97 are converted into hours of insurable employment and this conversion is made on the basis of 35 hours per week worked. It is a provision that applies automatically whenever a worker seeks to be credited for work done prior 01-01-97. It is not a provision which a claimant may choose to invoke or not to invoke.


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