| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
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Summary:
Claimant has 42 insured weeks of full-time employment followed by 8 insured weeks of part-time with the same employer. The Umpire, based on FORTIN D., held that only the full-time employment should have been used in calculating the rate. FORTIN D. no longer applies in view of new s. 36.1.
We are all of the view that FORTIN D. is no longer applicable in view of the coming into force of s. 36.1 which makes it clear that the earnings to be taken into account to determine the average weekly insurable earnings in the qualifying weeks are those earnings for which a premium was payable.
