Summary of Issue: Health Reasons

Decision A0032.07 Full Text of Decision A0032.07

The claimant's principle argument was that injuries suffered as a result of a prior motor vehicle accident affected his ability to correctly record his earnings. The Court upheld the decisions of the Board of Referees and the Umpire and considered that the claimant's argument was satisfactorily dealt with by the Board where in its decision it said: "The Board reviewed in detail this most lengthy file and found no compelling evidence that post traumatic syndrome from his accident caused Mr. Patry to create 18 false statements."

Decision 47951 Full Text of Decision 47951

The BOR cancelled the penalty, as it was of the opinion that the claimant, because of his severe problems with alcoholism and drug addiction, was not aware he had made false statements. According to the Umpire, the BOR erred in law. The events took place after the claimant had received drug and alcohol treatment, and the claimant was fully aware of what he was doing. He even stated that he had done it because he needed the money to live.

Decision 25242 Full Text of Decision 25242

There is a doubt as to whether the claimant was subject to a state of confusion and memory losses as a result of the surgery referred to. In my view, this doubt can only be resolved by additional medical evidence, which the Board will have to assess.

Decision 19863 Full Text of Decision 19863

Penalty imposed on the basis that being in receipt of Workmen's Compensation claimant was incapable of work whereas he reported as being capable. Notice not properly framed or substantiated. Claimant's intention not proven. No evidence that he was in fact incapable.

Decision 11058 Full Text of Decision 11058

Some evidence of emotional upset and stress, also a perception of the realities at variance with what might be expected of a person in her situation as evidenced by general demeanour. Reduced responsibility. Penalty reduced from $261 to a nominal $10.