| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Summary:
Claimant was working at two jobs and had to leave one in March 1997 for preventative withdrawal (PW) reasons. She received PW benefits for six months while continuing to work at her second job. When she filed her claim for maternity benefits in September 1997, her rate was based on the insurable earnings from just job no. 2, whereas she wanted both of her jobs to be taken into consideration. BOR and the Umpire agreed with her. Decisions overturned by the FCA. Referring to the decision in Cymerman (A-0415.95), the Court ruled that the rate calculation period was the 26-week period ending with the week prior to the start of her benefit period.
