Decision A-0510.96

Case Number Claimant Judge Language Decision date
Decision A-0510.96 Brisebois Claire  Federal  French 1997-01-17
Decision Appealed Appellant Corresponding Case
Allowed Majority - Returned to the ump  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  hard work 

Summary:

FCA found that the Umpire and Board of Referees erred in deciding that the claimant should have produced a doctor’s certificate to support her claim that she had no alternative but to leave her employment. It is obvious that she was not claiming to have an illness when she said that working in a standing position hurt her feet. She simply found employment in a restaurant too difficult from a physical point of view. Since no one doubted her credibility, a certificate would have added nothing to her testimony.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof  errors in law  burden of proof 

Summary:

FCA found that the Umpire and Board of Referees erred in deciding that the claimant should have produced a doctor’s certificate to support her claim that she had no alternative but to leave her employment. It is obvious that she was not claiming to have an illness when she said that working in a standing position hurt her feet. She simply found employment in a restaurant too difficult from a physical point of view. Since no one doubted her credibility, a certificate would have added nothing to her testimony.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  burden of proof 

Summary:

FCA found that the Umpire and Board of Referees erred in deciding that the claimant should have produced a doctor’s certificate to support her claim that she had no alternative but to leave her employment. It is obvious that she was not claiming to have an illness when she said that working in a standing position hurt her feet. She simply found employment in a restaurant too difficult from a physical point of view. Since no one doubted her credibility, a certificate would have added nothing to her testimony.


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