Decision A0430.08

Case Number Claimant Judge Language Decision date
Decision A0430.08 Vallée  Desjardins  French 2009-05-27
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  filing an application  time prescribed 

Summary:

The Umpire had set aside the decision of the BOR which had confirmed the Commission's decision to the effect that the claimant was not entitled to benefits because he had failed to fill-out or file his subsequent claims within the time limit prescribed in s. 10 of the EIA. The FCA held that the Umpire had no authority yo intervene unless he explained why the BOR's decision was unreasonable, which he did not do. In fact, in his analysis of s. 10(5) of the EIA, the Umpire simply substituted his assessment of the facts for that of the BOR.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  applicability  subsequent claim 

Summary:

The Umpire had set aside the decision of the BOR which had confirmed the Commission's decision to the effect that the claimant was not entitled to benefits because he had failed to fill-out or file his subsequent claims within the time limit prescribed in s. 10 of the EIA. The FCA held that the Umpire had no authority yo intervene unless he explained why the BOR's decision was unreasonable, which he did not do. In fact, in his analysis of s. 10(5) of the EIA, the Umpire simply substituted his assessment of the facts for that of the BOR.


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