Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
basic concepts |
benefit periods |
extension |
long-tenured workers |
Summary:
The claimant made an initial claim and a benefit period was established effective January 11, 2009. The claimant requested to have his claim antedated to commence on December 21, 2008. The Commission granted the antedate. On October 25, 2009, new provisions to assist Long Tenured Workers (LTWs) were introduced. The LTW provisions only applied to benefit periods established on or after January 4, 2009. The claimant appealed his ineligibility to the LTW program arguing that the start of his benefit period had been changed by the Commission. The BOR granted the claimant’s appeal. The Commission appealed this decision to the Umpire, who dismissed the appeal. The FCA dismissed the application for judicial review. The FCA held that the record did not disclose any basis for the Commission’s decision of June 2009 to antedate the commencement of the benefit period to December 21, 2008.