Decision A0227.11

Case Number Claimant Judge Language Decision date
Decision A0227.11 Knee  Evans   English 2011-11-02
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  Pilot project  Project # 14 

Summary:

Pilot Project No. 14 found in section 77.91(3)(iii) of the EIR provides an extension of a claimant’s benefit period and the number of weeks of benefits payable to qualified claimants who undertake long-term training. The Commission found that the claimant did not meet the criteria under Pilot Project No. 14 because her training did not commence within 52 weeks of establishing her benefit period as required by law. The claimant started the program one week outside the 52-week period prescibed in subparagraph 77.91(3)(iii) of the EIR. The FCA held that the BOR and the Umpire erred in law. Adjudicators are permitted neither to re-write legislation nor to interpret it in manner that is contrary to its plain meaning.


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