Decision 40999
Full Text of Decision 40999
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
|
|
Summary:
Umpire stated that the only way that long term disability income protection plan (DIPP) payment can be excluded from earnings is if they fall within either Reg. 35(7)(a) of the UI Act, i.e. they are disability pension payments "for life", or Reg. 35(7)(b) they are payments under sickness or disability wage-loss indemnity plan that is not a group plan. The payments are not wage-loss indemnity payments made under a plan that is not a group plan and under Clause 22-1001(g) of the DIPP no payment is for life.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
disability pension |
|
|
Decision 63219
Full Text of Decision 63219
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
from employer |
|
Summary:
The employer credits his employees with $10.00 per week worked that they can use to buy a health plan or to cover medical expenses during the year. What has not been taken is paid out on severance. The Commission determined that the amount received by the claimant on termination constituted earnings which was allocated pursuant to subsection 36(9) of the EIR. The Umpire stated that to fall within the exception provided in paragraph 35(7)(b) of the Regulations, the moneys must have been paid under a sickness or disability wage-loss indemnity plan. He concluded that, in this case, there was no evidence that a plan was in place or that the moneys were paid to indemnify the claimant for loss of wages and confirmed the Commission's decision.
Decision 14629
Full Text of Decision 14629
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
from employer |
|
Summary:
I do not agree that the plan cannot be an indemnity plan because payments do not come from an insurance company but from the United Church, the employer, or because the plan describes itself as not insurance in the strictest sense.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
| earnings |
wage-loss indemnity |
vs disability pension |
|
Decision A-0432.78
Full Text of Decision A-0432.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
from employer |
|
Summary:
Claimant's salary topped up under company policy without any legal or moral obligation to do so. The Umpire found that reg. 58(4) and (11) do not apply. Implicitly concurred in by FC when it resorted to reg. 58(18)(b). There was a transaction between claimant and employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
earnings |
|
|
| earnings |
allocation |
transaction |
|
Decision A0304.10
Full Text of Decision A0304.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The claimant received EI sickness benefits and benefits from a group plan at the same time. The payments from the group plan constituted earnings and were allocated by the Commission creating an overpayment. The FCA found that short-term disability benefits under a group plan are considered income pursuant to s. 35(2)(c)(i) of the EIR and should be allocated pursuant to s. 36(12)(b) of the EIR.
Decision 74655
Full Text of Decision 74655
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The claimant applied for sickness benefits which were approved. At the same time, he was covered by a private group plan through his employer for loss of wages (illness) also received payments from this private plan. Payments from the group insurance plan were allocated by the Commission resulting in a considerable overpayment. The claimant argues that since the payments from the private plan are not taxable under the Income Tax Act, they should not be deemed to be income and therefore should not be allocated. The Income Tax Act may not consider the group plan payments as income for tax purposes, the Employment Insurance Act and its Regulations clearly consider these payments as income and they must accordingly be allocated. The appeal by the claimant is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
earnings |
|
|
Decision 71043
Full Text of Decision 71043
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The claimant filed an application for sickness benefits. His claim was approved for the maximum 15 weeks of sickness benefits. Afterwards, the claimant advised the Commission that he received long term disability benefits from Health Insurance through his employer. The Commission advised the claimant that the payments were considered to be earnings and it allocated them. In accordance with EIR 35(2)(c), amounts which are payable to a claimant under a group wage-loss indemnity plan are considered to be earnings for benefit purposes. A sickness or disability wage-loss indemnity plan is not a group plan if it meets the 6 criteria's listed in 35(8) of the EIR. The jurisprudence is clear that all of these conditions must be satisfied in order for a disability wage-loss indemnity plan to be exempt from earnings
Decision 68580
Full Text of Decision 68580
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Subparagraph 35(2)(c)(i) of the EI Regulations sets out that payments that a claimant has received or, on application, is entitled to receive under a group wage-loss indemnity plan constitute earnings. The employer and the Great West Life insurance company determined that the claimant was entitled to receive wage-loss insurance benefits under a group wage-loss indemnity plan. The company even issued the claimant a cheque to this effect. The fact that the claimant refused to cash the cheque in question does not change the fact that the amount was payable to him under the plan in which he participated and that he was therefore entitled to benefits.
Decision 43102
Full Text of Decision 43102
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Clmt was in receipt of wage loss benefits provided under a plan that is only portable among school boards in the province. Umpire ruled that the the plan was not a group plan based on his interpretation that the wording "portable within the same occupation" stipulated in EIR 57(5) means, with respect to an occupation that is subject to provincial or territorial licensing or regulation, within the same occupation in the province or territory where the clmt is licensed or otherwise qualified, is employed, and is enrolled in a wage-loss indemnity plan.
Decision A-0302.95
Full Text of Decision A-0302.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The circumstances under which a purchase of salary continuance which acted as a wage-loss indemnity plan is not to be considered a group plan are set forth in s. 57(4) of the Regulations. All of the conditions therein laid down must be satisfied including that the plan "is completely portable". The term "portable" is defined in s. 57(5) for the purposes of subsection 57(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
earnings |
|
|
Decision 27486
Full Text of Decision 27486
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
An indemnity plan can be considered a group plan only if it can satisfy each of the conditions contained in ss. 57(4). In this case the 2 conditions (b) and (c) have not been met. The plan therefore is not a group plan. The Board erred. [NOTE that this reasoning does not harmonize with case law]
Decision 26605
Full Text of Decision 26605
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Mutual of Omaha insurance policy, specifically for truck drivers. Voluntary participation. Only employees contribute to it. Transferable providing the employee continues to work in trucking. This plan does not meet the requirements of para. 57(4)(d) of the Regulations.
Decision 18709A
Full Text of Decision 18709A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The CEIC contends that the Board's decision fails to comply with the requirements of ss. 79(2) inasmuch as it contained no findings of fact, especially with regard to the 6 conditions prescribed by para. 57(4)(a) to (f). Unfortunately, I am bound to agree. This was an error of law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
decision of board |
implementation |
|
| board of referees |
appeal system |
calculation of time for appeal |
|
| board of referees |
errors in law |
statement of facts required |
|
Decision 18619
Full Text of Decision 18619
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Financial management officer with the Quebec Department of Health and Social Services. Plan was portable so long as the employer remained eligible for the Quebec government professional group, a member of the SSGQ.
Decision 17774
Full Text of Decision 17774
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Plan only portable within the teaching profession in Ontario. The law is clear that a plan must be portable not only within one's chosen employment but within any type of employment. It must be transferable to any other employer.
Decision A-0892.88
Full Text of Decision A-0892.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The Umpire's decision regarding the Ontario Teachers' Insurance Plan cannot be reconciled with BLANCHET where we held that an indemnity plan was portable only if the rights and obligations of the insured remained equivalent if he moved to the service of any other employer.
Decision 15645
Full Text of Decision 15645
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Refer to: A-0892.88
Decision 14625
Full Text of Decision 14625
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Refer to: A-0106.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
|
Decision A-0106.88
Full Text of Decision A-0106.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Strongly argued that claimant was not an employee of Zymaize, so payments were not payments by employer. This would exclude from earnings all disability payments under 57(2)(c) which rather contemplates former employees and former employer. Argument dismissed. No comment from FC.
As per Umpire, all requirements of 57(4) must be met for a plan to be not a group plan. Here, the Zymaize plan was financed by the company whereas the Labatt plan was not purchased by claimant, so both are group plans. Upheld by FC without comment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
|
Decision 16190
Full Text of Decision 16190
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The plan was not mandatory for all employees when claimant initially joined the plan and it is only portable within the provincial government (N.B.). Requirements in 57(4) are conjunctive and all must be met. Plan not completely portable as per 57(5).
Decision 16014
Full Text of Decision 16014
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Case returned to Board to decide whether claimant meets the 6 conditions outlined in reg. 57(4). The burden is on claimant to show that her plan qualifies under 57(4).
Decision 13011B
Full Text of Decision 13011B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
It is necessary for claimant to show that the plan meets all of the criteria in 57(4). Claimant only invoked one. I need not consider it as he has not shown that he meets any of the other criteria necessary for him to succeed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
time limitation for recovery |
|
Decision 14629
Full Text of Decision 14629
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Claimant is a minister of the United Church. The plan relates to all employees of the United Church, a group, and is not portable. These two facts alone eliminate the possibility of its being characterized as not a group plan. [p. 3]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
| earnings |
wage-loss indemnity |
from employer |
|
Decision 14195
Full Text of Decision 14195
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
If it is a group disability wage-loss indemnity, although the payment is not to be taken into account when determining whether claimant has had an interruption of earnings under reg. 37(2), it is nevertheless earnings under reg. 57(2)(c), to be subtracted from benefits payable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
retirement allowances |
|
|
| earnings |
wage-loss indemnity |
vs disability pension |
|
Decision 14047
Full Text of Decision 14047
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The question is whether the Sun Life policy is "a group disability wage-loss indemnity plan" rather than "a disability wage-loss indemnity plan that is not a group plan". Reg. 57(4)(a) and (b) not met.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Decision 12544
Full Text of Decision 12544
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Refer to: A-0589.86
Decision A-0589.86
Full Text of Decision A-0589.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Distinction between group and private plans not unreasonable. Group plans normally linked to employment. Normal to consider that payments received under those plans arise, albeit indirectly, from employment. The same cannot be said of private plans.
Decision 13686
Full Text of Decision 13686
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
The disentitlement arises from the receipt of payments under a long-term disability group insurance plan. These have been treated as earnings long prior to the recent 1-86 amendments respecting pensions.
Decision 13600
Full Text of Decision 13600
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Plan at Air Canada. To be non-group plan, must be completely portable. Not sufficient that it be portable to certain employers. Reference to "un autre employeur" in 57(5) means "any other employer", accoding to BLANCHET.
Decision 13048
Full Text of Decision 13048
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Notre-Dame boarding school in Sherbrooke. All conditions of Reg. 57(4), from (a) to (f), must be met.
Decision 12966
Full Text of Decision 12966
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Employee of Hydro-Québec who received payments from the Alliance company, in addition to disability pension from RRQ, as result of total permanent disability. Group wage-loss indemnity plan. Not established that each of conditions in Reg. 57(4) met.
Decision 12772
Full Text of Decision 12772
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Teacher in Ontario who, on expiration of paid sick leave in May, started to receive monies from the long term disability plan exceeding his rate of benefit. No interruption of earnings in May.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
charter |
|
|
| teaching |
leave commencing prior to summer months |
|
|
| interruption of earnings |
conditions required |
7 days without earnings |
|
Decision 11705
Full Text of Decision 11705
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Ontario teacher collecting long term disability. Reg. 57(3)(b) permits employees to purchase individual plans as claimant did. Some took it and some did not. Complete portability does not mean regardless of employment situation. Equivalent is used, not identical.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
leave commencing prior to summer months |
|
|
Decision A-0483.76
Full Text of Decision A-0483.76
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Summary:
Examines the distinction between the French and English versions of Reg. 172(3.2): "employed by any other employer" and "au service d'un autre employer"; a plan is not completely portable unless it is maintained when an employee becomes employed by any other employer whatsoever.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Decision A-0258.79
Full Text of Decision A-0258.79
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
maternity |
|
Summary:
Difference between salary and UI paid by University of B.C. following maternity leave. In this case as well, the entitlement to the reimbursement arises upon return to work. As return to work is a condition precedent to payment, Hawkins applies. Because of the requirement for return to work and the object was to encourage return to work, the monies were properly allocated to the periods after claimant returned to work.**NOTE: the same situation applies in the case of Amy S. Yu (A-0256.79) and Marie Susan Buchmann (A-0257.79).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
bonus |
recalling one to work |
|
Decision A-0256.79
Full Text of Decision A-0256.79
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
maternity |
|
Summary:
See summary indexed under the identical FCA case in Hawkins (A-0258.79, CUB 05512).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
bonus |
recalling one to work |
|
Decision A-0397.85
Full Text of Decision A-0397.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
overpayment |
|
Summary:
Wage-loss payments withheld by insurer for a 3-month period to repay an overpayment. Claimant "received" the payments once they had been credited against his debt to the insurer or, if the insurer was wrong, claimant was entitled to receive his payments on applying for them.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
repayment of debt |
|
Decision 20909
Full Text of Decision 20909
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Pre-retirement leave payments made by Devco under the plan as amended as of 1-3-89 are not earnings. The amendments are sufficient to rebut any presumption of a continuing employment relationship. SWALLOWELL distinguished. Payments rather constituted a disability pension.
Decision 20091
Full Text of Decision 20091
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Bus operator with the City of Winnipeg covered by something called an "Employee Benefits Program". The payments were made as compensation for a permanent disability. As such, the plan is properly characterized as a disability pension.
Wage loss payments are more likely to be short term and relate to temporary as well as to what may be or become a permanent disability. Benefits paid are likely directly related to one's full wages. Comparable to those paid under temporary partial WCB and sick leave plans.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
disability pension |
|
|
| board of referees |
jurisdiction |
guidelines from the Commission |
|
Decision 18988
Full Text of Decision 18988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Pre-retirement leave of absence income paid to claimant for some 15 years by Sydney Steel Corporation treated as insurable earnings. Payments in the nature of a disability pension, not unlike a permanent settlement paid under Workers' Compensation plans.
Decision 16206
Full Text of Decision 16206
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Benefits are paid from the same insurance plan as in CUB-9542, namely the SSQ, but not under part D. This was sufficient to render a different judgment. Very little information.
Decision 14629
Full Text of Decision 14629
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
The indemnity becomes payable at the time of disability not retirement. It lasts only so long as the disability lasts. Payment discontinues at age 65, death or if claimant becomes employed. These are features of disability wage-loss, not a disability pension.
The characteristics of the plan and not what the plan may say about itself determine into which class it must fall. Irrelevant that officials have described it as a disability pension when in fact it does not have such characteristics.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
| earnings |
wage-loss indemnity |
from employer |
|
Decision 14469
Full Text of Decision 14469
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Incapacitated postmaster receiving benefits from Sun Life pursuant to the Public Service of Canada plan. The Board erred in concluding that these were disability benefits.
Decision 14195
Full Text of Decision 14195
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Severance award by Firestone upon separation at age 65 or prior if incapacitated. Received $5582 upon medical discharge. No evidence that payment made under a wage-loss or pension plan of any kind. Lump sum. No contributions made. Reg. 57(2.2) does not apply. [p. 9]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
retirement allowances |
|
|
| earnings |
wage-loss indemnity |
group plan |
|
Decision 13712
Full Text of Decision 13712
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Reg. 57(3)(a) would not apply since the "disability" payments referred to therein are apparently in the nature of permanent payments while the present payments [from Confederation Life at University of B.C.], though long-term, are not as they are subject to review. [p. 7]
Decision 13413
Full Text of Decision 13413
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Received disability benefits ($580 a week) under the School Employee Benefit Plan with Sun Life which provided for long-term disability. The amount received was not a disability pension and was paid under a group plan.
Decision 13385
Full Text of Decision 13385
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Falconbridge Nickel Mines in Sudbury. The issue is whether the money ($120 a week) is a disability pension or a long-term disability benefit. There is no reference to a disability pension in the benefit package.
Decision 13047
Full Text of Decision 13047
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Long-term disability. Benefits will cease or be reduced upon obtaining employment. These variable payments are similar to wage loss and not to a disability pension which would provide a constant payment.
Decision 12965
Full Text of Decision 12965
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Employee of Wabasso declared disabled; receiving compensation from Sun Life and a disability pension from the RRQ. According to board, this was disability payment. Question of fact. No error of law.
Decision A-0464.85
Full Text of Decision A-0464.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
vs disability pension |
|
Summary:
Disability Insurance Plan for public servants. The Board found that payments were under a group sickness or disability WLI whereas for the Umpire they were a disability pension. The plan was not in evidence before either. Either decision is not supported.
