Summary of Issue: Good Cause


Decision A-0432.96 Full Text of Decision A-0432.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure good cause negligence
Summary:

Claimant's son picked up notices of decision dated 28-9-94 and put them in a drawer. Claimant was told of the letters in 11-94 and, while outside the delay, promptly notified the Commission of his desire to appeal. The Commission refused to extend the time. Both the BOR and the Umpire refused to interfere. The FCA allowed the application on the basis that the BOR had erred in law when considering the test for an extension of time to appeal to be whether or not there was "good cause" for the delay rather than considering the possibility of allowing an extension "for special reasons" as stipulated in the legislation. In so finding, the FCA made it clear however that they didn't accept the claimant's submission that he could not be considered to have received the notice of the Commission's decision until he found it in his house.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons delay not substantial
board of referees special reasons appealable time for appeal to bor
board of referees errors in law discretionary power

Decision 25317 Full Text of Decision 25317

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure good cause negligence
Summary:

It is not "good cause" to state I made a mistake and forgot to send my reporting card. There would be chaos within the Commission if claimants would send in their reporting cards late and simply said I made a mistake. An ordinary "mistake" by forgetting to send in a card is not "good cause".


Decision 23538 Full Text of Decision 23538

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure good cause negligence
Summary:

Claimant's explanation for the 6-week delay is that, when he received the cards, he did not read them and so did not realize that they should be returned within a certain time frame. It is incumbent upon a reasonable and prudent person to ensure that benefits are claimed within the time limits.


Decision A-1255.91 Full Text of Decision A-1255.91

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure good cause on holidays
Summary:

Report card for 29-10-90 to 8-12-90 did not reach claimant before he left on holidays from 8-12-90 to 24-1-91. He immediately filed it upon his return. Not filed within the 3 weeks of s. 34. The Board found he had some responsibility to inform the CEIC of his holiday plans. Upheld by the FC.


Decision 20622 Full Text of Decision 20622

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure good cause on holidays
Summary:

Refer to: A-1255.91

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