Decision 73821
Full Text of Decision 73821
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
The claimant applied for maternity benefits effective November 25, 2007. She was expecting on December 4, 2007 and confirmed her intention to collect 15 weeks maternity benefits followed by 35 weeks of parental benefits. A year later, on November 24, 2008, she requested sickness benefits from November 20, 2008, producing a medical certificate in support. The employer confirmed the claimant did not schedule a return to work when she went on maternity leave. The position of the Commission is that the evidence in the file supports a finding the claimant did not meet the second entitlement condition under s. 18(b) of the Act, failing to establish she was otherwise available for work in the week of November 17, to 21, 2008. The decision of the Board is set aside and the Commission's ruling is restored.
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Decision 77736
Full Text of Decision 77736
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
The claimant had applied for sick leave, to which he was entitled. Unfortunately, a few weeks into the sick leave, he enrolled for training on his own initiative. The Commission ruled that he was not eligible for EI benefits. The training amounted to a 35-hour week taken on his own initiative. In the Commission's view, he was not entitled to benefits. He did not meet the requirement of section 18, having failed to prove that he was available for work. Under the Act, a claimant on sick leave still has to be available for alternative employment. This is what the Act demands, and it cannot be circumvented here. Sadly, the law does not allow a claimant to receive benefits if he is not available for work, even in the case of sickness. The claimant’s appeal is dismissed by the Umpire.
Decision 75176
Full Text of Decision 75176
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
The claimant was being paid parental benefits when she requested that these benefits be converted to sickness benefits. The Commission refused the sickness benefits after having paid the claimant the maximum number of special benefits payable, 15 weeks of maternity and 35 weeks of parental in her benefit period. The claimant also had not established her availability within the meaning of section 18 of the E.I. Act. The Commission's appeal before the Umpire is allowed
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
maximum payable |
special benefits |
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Decision 74122
Full Text of Decision 74122
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
On March 5, 2009, the claimant informed the Commission that she took a one-year sabbatical to write a book. She stated that, even if it had not been for her sickness, she would not have been available for work because she was on sabbatical. The claimant reiterated that wanting to write a book was only a pretext, because she did not want her employer to know that she was sick. Claimant became a victim of her own error, made for the purpose of protecting her job. Under the Act, the claimant failed to prove her availability. The claimant's appeal is dismissed.
Decision 73822
Full Text of Decision 73822
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
The claimant was denied benefits since it was determined she was not available for work. She was caring for her sick husband. The claimant was paid six weeks of compassionate care benefit until September 6, 2008. She then applied for sickness benefits effective September 7, 2008. The employer confirmed the claimant was on leave as of September 30, 2008 and did not know when she would be returning to work because of the illness of a close family member. She was simply not available for work during her period of incapacity because she was on an indefinite leave of absence and caring for her terminally ill husband when she became sick. Therefore, the claimant did not meet the entitlement conditions under the Act. The commission¿s appeal is allowed.
.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
Not available and not otherwise available |
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Decision 69534
Full Text of Decision 69534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
As the claimant could not receive sickness benefits during the period she was receiving parental benefits because she could not prove to be otherwise available for work, her benefit period could not be extended to permit receiving more than 50 weeks of benefit.
Decision 64380
Full Text of Decision 64380
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
The claimant had communicated to her employer that she was not available for work because her daughter had suffered a life-threatening head injury and wanted to be by her side. She was later refused sickness benefits. The Umpire found that evidence clearly revealed that the claimant was on leave from her employment and concluded that she was not entitled to sickness benefits as she could not prove that she would have been available for work if she had not been sick.
Decision 45888
Full Text of Decision 45888
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant obtained a one year leave of absence from her employer starting 15-01-97, by reason of illness but she filed an application for benefits only on 3-06-97. On 6-01-97 she started a training course for one year on a full time basis. Medical certificate showed that her health did not allow her to work from 30-04 to mid-August 97. Sickness benefits denied. Claimant must prove, in case of illness, that she would have been available for work if it was not for her illness. BOR decision reversed by Umpire.
Decision 27511
Full Text of Decision 27511
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Resigned while on unpaid leave of absence because her husband was terminally ill and she had to take care of him and his personal affairs. Applied for sickness benefits. The Board erred in law. It ought to have considered para. 14(b), specifically the words "would be otherwise available".
Decision 27499
Full Text of Decision 27499
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
S. 14 provides that a claimant is also disentitled if he is unable to prove that he would be available if he was not ill. By reason of the fact that claimant was on a journey to B.C. he was unable to prove that between 12-7 and 7-8 he would have been available for work if not ill.
Decision 25446
Full Text of Decision 25446
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant requested a 6-month leave of absence to look after her husband. The Board found that she was not available for work because she was caring for her husband. Consequently, she was also not entitled to sickness benefits as she was otherwise not available. This is a finding of fact.
Decision 20491
Full Text of Decision 20491
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Full-time student involved in an accident. He withdrew from studies upon hospitalization on 22-10 and made a written application for work on 7-11. Case returned to Commission to determine if he would be entitled to benefits assuming he was ready and available from 7-11.
Decision 19920
Full Text of Decision 19920
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
He had to prove that had it not been for his injury, he would have been available. He had quit his job the 26-7 with very specific intent to go back to school and had taken steps to register when he injured his ankle on 12-9.
Decision 19153
Full Text of Decision 19153
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Dietary attendant who voluntarily retired from her employment and did not succeed in proving her availability afterwards. Falls ill 3 weeks later.
Decision 18473
Full Text of Decision 18473
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Full-time student working part-time. Forced to withdraw from university in 10-88 due to injury. Resumed studies early in 1989. It is apparent that but for her injury she would have been in full-time attendance at university. Being available refers to full-time work not part-time.
Decision 16521
Full Text of Decision 16521
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
If claimant had started his own business, it is true he would not have been available and, if he was injured, he would not be eligible for UI. However, he proved to be available some time prior to his injury.
Decision 16304
Full Text of Decision 16304
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant left work due to illness in 7-87 and was paid wage-loss insurance until 11-87. He enrolled for full-time study in 9-87 and made a claim for UI to be paid from 11-87 while still ill. Availability not proven.
Decision 14372
Full Text of Decision 14372
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Became incapable of work while not available being without child care arrangements. Babysitter left to go to the Philippines in Sept. to attend father's funeral. Disentitlement to terminate when babysitter returned in Oct.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
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Decision 14264
Full Text of Decision 14264
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Injury to his right hand while taking a non-referred course and being not available for work. Claimant not entitled to medical benefits. The Commission has given a correct interpretation to 25(b).
Decision 12704A
Full Text of Decision 12704A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant formed his own company and contracted out his services as pilot to Flight Centre. Suffered injury while so employed. Claimant has shown that while so engaged in part-time work he was actively continuing his job search and was not prevented fromtaking a job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
rationale |
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Decision 12133
Full Text of Decision 12133
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Operating a business; evidence clearly indicated that claimant continued operating business whether in good health or sick, and was therefore not available for insurable employment; claimed he was an employee of business.
Decision 11894
Full Text of Decision 11894
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Became ill from Dec. 9 while being on voluntary layoff and under disentitlement for not being available. No comment from Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary layoff |
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| availability for work |
incompatible situations |
layoff requested |
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Decision A-0451.85
Full Text of Decision A-0451.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
As I read s. 14, it clearly prevents benefits from being paid to persons who have not proven their availability for work and their inability to find suitable work or their unavailability by reason of prescribed illness or injury.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
imprisonment |
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| board of referees |
rules of construction |
change of wording |
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| board of referees |
rules of construction |
intent and object |
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| board of referees |
rules of construction |
context and titles |
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| board of referees |
legislative authority |
provincial and other laws |
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| basic concepts |
qualifying period |
extension |
rationale |
Decision 11501
Full Text of Decision 11501
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Gave notice to employer he would leave on vacation next day. Leave denied but nevertheless took it. Injured his knee following day. Evidence of incapacity. Did not change his vacation plans. I agree he was not otherwise available under 25(b).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
unauthorized leave of absence |
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Decision 11202
Full Text of Decision 11202
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant took ill while disentitled for not having a babysitter. Since she was not available at the time she first became ill, she cannot receive benefits. There is no other way in which s.14(b) can be interpreted. Babysitter found later as per claimant's statement.
Decision 10602
Full Text of Decision 10602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Sickness benefits denied from date refugee work permit expired. 2 questions to examine: (1) willingness to work if not ill and (2) prospects of work if not ill. High probability that work permit would have been renewed and work continued if not ill. [p.19]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
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| board of referees |
jurisdiction |
guidelines from the Commission |
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| umpires |
jurisdiction |
oral evidence |
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| board of referees |
right to be heard |
improper hearing |
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| board of referees |
natural justice |
free of bias |
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| board of referees |
jurisdiction |
independent decision-making |
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Decision 09009
Full Text of Decision 09009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
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Summary:
Claimant attended a course 2 days a week while sick. Sickness benefits paid for part of the period subject to a disentitlement for 2 days a week.
