Decision 76536
Full Text of Decision 76536
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The claimant left her employment due to a hearing impairment but chose not to divulge the extent of her hearing disability with her employers. She did not have the advised of a doctor to leave her job. The Board found as a fact that the claimant made no effort to remedy the situation or find alternate employment before she quit her job and that she had not proven that there was no reasonable alternative to leaving her job. As a result the Board maintained the indefinite disqualification to benefits imposed by the Commission pursuant to section 29 and 30 of the Act. The appeal by the claimant is dismissed.
Decision 65448
Full Text of Decision 65448
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Claimant left her employment because it was causing her considerable stress and her doctor had advised her to get rid of the stress. However, she provided nothing from a doctor to corroborate her contention. It is well established that a claimant must provide medical evidence, as well as evidence that she attempted to reach an agreement with the employer to accommodate health concerns and attempted to find alternative employment. The Umpire confirmed the Board's ruling, holding that the claimant had not established that there was no reasonable alternative to leaving her employment.
Decision 52731
Full Text of Decision 52731
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The claimant suffered from an ingrown toenail on one foot. Consequently he decided not to wear regulation boots at the plant and injured a toe. Fearing that he would lose his job, the claimant decided not to complain to management. Feeling physically unable to continue, he decided to leave his employment. He may have had a good reason for his actions but, according to the precedents, he did not have just cause for leaving his employment.
Decision 41453
Full Text of Decision 41453
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The jurisprudence holds very clearly that if one is pleading that he quit his job for health reasons then he must produce a letter from his physician specifically indicating that the physician counselled him to quit his job because of health reasons. In this case, the doctor’s letter indicates that he was treating the claimant for prostate problems but it did not direct him that he had to quit his job.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
commuting |
distance too great |
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Decision 39915
Full Text of Decision 39915
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| voluntarily leaving employment |
health reasons |
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Summary:
Claimant left his employment because he could not take the strain on his back and legs from lifting baskets of wheat. Umpire ruled that claimant did not have just cause for leaving because he could not produce verifiable evidence to substantiate that this was caused by his job duties.
Decision 38804
Full Text of Decision 38804
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
According to case law, in order for a claimant to prove that there was just cause for leaving one's employment for medical reasons, three conditions must be met: 1) claimant must provide medical evidence to substantiate the claim, and this evidence should indicate that the claimant was obliged to leave work due to the medical condition; 2) claimant must demonstrate that he or she had attempted to reach an agreement with the employer to accomodate health concerns; and 3) must prove that he or she attempted to find alternative employment prior to leaving.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
legislation |
questions to examine |
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Decision A-0673.96
Full Text of Decision A-0673.96
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| voluntarily leaving employment |
health reasons |
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Summary:
Claimant requested clerical work in addition to his duties as armed security guard. Request refused; claimant left his employment without explanation. Subsequently cited work-related back problems as the reason for his action. According to the Umpire, proof not established that the back problem was work-related; claimant was really just dissatisfied with his work. Disqualification upheld and application for judicial review summarily dismissed by the FCA.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
working conditions |
unsatisfactory |
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Decision 32277
Full Text of Decision 32277
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| voluntarily leaving employment |
health reasons |
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Summary:
Decision by arbitration board well-founded. Medical certificate dated 2 weeks after departure of beneficiary. Furthermore, certificate indicated no specific diagnosis and no pathology providing grounds that it was imperative for the beneficiary to leave his position when he did.
Decision 26735
Full Text of Decision 26735
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The medical proof must link the medical problem to a difficulty with performing his employment duties. A claimant should inform his employer of his health concern before quitting. He should give the employer a chance to arrange alternate duties that may not affect his medical problem.
Decision 26000
Full Text of Decision 26000
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
She indicated that she left for health reasons. However, the medical evidence on file does not reveal that her physician advised her to leave her job because of her health. Furthermore, there is no evidence that she discussed the situation with her employer to be transferred to another position.
Decision 24012
Full Text of Decision 24012
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
It is well established that where the detrimental effect on one's health is being alleged as a just cause for leaving the employment in question, a claimant must provide medical evidence and attempt to resolve the problem with the employer prior to leaving.
Decision 23718
Full Text of Decision 23718
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| voluntarily leaving employment |
health reasons |
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Summary:
Where the detrimental effect to one's health is being alleged as just cause, a claimant must provide medical evidence to substantiate the claim. The medical evidence should indicate not only that claimant was unwell, but also that she was obliged to leave work due to the medical condition involved.
Decision 23701
Full Text of Decision 23701
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| voluntarily leaving employment |
health reasons |
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Summary:
I am of the view that when a claimant's personal health is at stake and he has been unable to persuade his employer to take necessary expensive steps to eliminate the condition causing it, he has just cause. Claimant should not have been expected to endanger his health before resigning.
Decision 21817
Full Text of Decision 21817
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The Board erred in law by failing to apply the statutory test prescribed by 28(4)(d), namely whether claimant had no reasonable alternative to immediately leaving, having regard to all the circumstances, including working conditions constituting a danger to health or safety.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
just cause |
definition |
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| board of referees |
errors in law |
misinterpretation of provision |
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Decision 20131
Full Text of Decision 20131
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
The onus is on claimant to produce medical evidence to prove that the job was detrimental to his health. Furthermore, it is incumbent on him to act reasonably and take the necessary steps to prove to his employer that he could no longer perform his duties due to his health.
The claimant provided ample evidence showing that he did have health problems and I am satisfied that he could hardly perform his duties. But he provided no evidence showing that his poor state of health was in any way related to his job. He did not inform his employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| availability for work |
job search |
how to search |
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Decision 17980
Full Text of Decision 17980
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| voluntarily leaving employment |
health reasons |
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Summary:
His leaving when he did was a subjective decision that this employment was making him feel even more depressed. He was certainly under medical treatment for this at the time but the medical certificate does not indicate that his doctor had advised him to leave.
Decision 17949
Full Text of Decision 17949
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Accepts a job on trial and quits after 1 week because inspection of jewellery is too stressful for her vision. Did not advise employer of her problems and not able to produce a medical certificate. 4-week disqualification upheld by Board. No error by Board.
Decision 17907
Full Text of Decision 17907
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Just cause exists when it is clear that the physical demands of the job are beyond the employee or are such as to be damaging to the employee. Claimant should be commended, not penalized, for trying a job even though he might have had reservations abouthis ability to do it.
other summary
| Other Issue(s): |
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| board of referees |
observations from the Commission |
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| voluntarily leaving employment |
working conditions |
hard work |
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Decision 17897
Full Text of Decision 17897
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| voluntarily leaving employment |
health reasons |
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Summary:
Claimant worked 2 1/2 hours and did not return the next day. Medical evidence on file. I am satisfied that he did suffer from a dust allergy. He did not know when he took the job he would be in a dusty environment. Becoming ill is just cause not to remain on the job.
Decision 16126A
Full Text of Decision 16126A
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
One must present medical proof tying the medical problem to the conditions of work. Note from doctor not considered as adequate proof by Board. Did not see a doctor when he left and the note written 5 months later in no way relates his condition to duties performed.
Decision 16274
Full Text of Decision 16274
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Left because of physical and emotional fatigue and was disqualified only one week. There is no medical evidence in the file nor any document indicating that she looked for other employment before leaving, and the disqualification period is only one week and not 6.
Decision 16097
Full Text of Decision 16097
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Claimant stated he quit because of health problems which arose as a result of chlorine being used by employer. Yet he neither sought nor received medical advice; nor did he talk the problems over with employer. Any person interested in staying would have done this. [p._6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
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Decision 15309
Full Text of Decision 15309
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| voluntarily leaving employment |
health reasons |
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Summary:
60-year-old laundry worker who, after 18 years, finds work increasingly strenuous. Did not produce medical certificates, speak to employer about difficulties or attempt to locate other work, so just cause not shown. Mitigating factors were such as to reduce disqualification to 1 week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
clarification |
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Decision 14805
Full Text of Decision 14805
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
This misconceives the precedent value of CUB 5612 where the Umpire did not believe claimant's contention that he had a health problem. It does not stand for the proposition that, in every case, a medical certificate is required. Lack of certificate is not conclusive.
No reason to doubt claimant's statements that her ulcer was being aggravated by work situation. She gave an entirely credible explanation as to why she did not seek medical certificate. Her actions after quitting show she was not merely making up an excuse.
other summary
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Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
observations from the Commission |
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| board of referees |
rules of construction |
intent and object |
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| board of referees |
legislative authority |
purpose of ui system |
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| earnings |
income |
not insurable |
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| board of referees |
natural justice |
notice of hearing |
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Decision 13537
Full Text of Decision 13537
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Board erred in dismissing case because insured had not consulted physician. Statement by witness, friend or colleague is admissible. Act does not require medical ceritificate or consultation of physician. Insured suffered from allergy.
Probability of illness directly related to working conditions justifies person in leaving particularly if person had asked to work in an area where his allergies would not affect him.
Decision 13516
Full Text of Decision 13516
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
It cannot be concluded from medical certificates filed that cause of stress suffered by insured lay in work he did, and he made no attempt to remedy deleterious working conditions.
Decision 13474
Full Text of Decision 13474
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
There is nothing in the Act that obliges a claimant to consult a physician before leaving. Medical consultation may be evidence but is not mandatory. It was adequately proved that claimant's health was in danger.
Decision 13097
Full Text of Decision 13097
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
When claimant cites health problems to justify leaving, he must corroborate what he says through testimony of physician.
Decision 12547
Full Text of Decision 12547
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| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Truck driver who has had 4 major accidents due to his having suddenly, and without warning, fallen asleep while driving. His doctor says driving was reasonably safe despite his narcolepsy condition.
Decision 11595A
Full Text of Decision 11595A
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Medical certificate written more than a year after event. No indication that doctor even saw claimant at the time. It reports stress and headaches. Such a certificate is almost worthless. It is completely lacking in credibility.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
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Decision 11644
Full Text of Decision 11644
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
Claimant produced no medical evidence to support his claim that he was physically incapable of carrying out his assigned work without risk or injury. No evidence that he made any representations to employer with to view to being assigned less strenuous work.
Decision 11651
Full Text of Decision 11651
summary
| Issue: |
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| voluntarily leaving employment |
health reasons |
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Summary:
Left after 5 months to avoid nervous breakdown due to working with quadriplegics. No medical evidence supporting impending breakdown nor that employment different from what he understood prior to accepting it. 3-week disqualification proper.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and work |
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| voluntarily leaving employment |
working conditions |
personal qualifications |
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Decision 11351
Full Text of Decision 11351
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
He indicated he had back pains and was instructed by his doctor not to do any heavy lifting. He supplied no medical evidence whatever to support his statement that he had to leave.
other summary
| Other Issue(s): |
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Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
transportation difficulties |
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| voluntarily leaving employment |
working conditions |
unsatisfactory |
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Decision 11287
Full Text of Decision 11287
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
The medical certificate only states that she does indeed suffer from migraines and that she has reported excessive typing aggravates. Not sufficient to prove that condition so adversely affected that she could not continue.
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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| voluntarily leaving employment |
applicability |
maternity leave |
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Decision 11075
Full Text of Decision 11075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
Medical evidence of serious allergic reactions. Whether or not there were other reasons which reinforced his decision to leave, it is obvious from the nature of those allergies he could not reasonably continue until he found other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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| availability for work |
courses |
disentitlement not automatic |
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Decision 11045
Full Text of Decision 11045
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
Where a claimant alleges intolerable working conditions or detrimental health effects as the reason for separation, there is an onus on claimant to prove their existence and an attempt to remedy them. Disqualification reduced to 3 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
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Decision 10632
Full Text of Decision 10632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
Since his nervous condition was getting worse, as attested by a medical report, he started looking for something else. Then had to take 2 weeks' sick leave. Acted as would prudent and reasonable man. Act does not require that one be certain of a job before leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Decision 08861
Full Text of Decision 08861
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Summary:
Left for health reasons but did not see a doctor. I believe that the Commission or a Board or an Umpire would be unquestionably wrong to approve of the expenditure of public monies in a situation when claimant's evidence is not supported by credible medical testimony. [p. 5]
Decision 65551
Full Text of Decision 65551
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
addiction |
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Summary:
Claimant left his job following an auto accident at work that caused him to relapse into his cocaine addiction. Jurisprudence establishes that human frailties such as drug addiction, gambling, alcoholism and the like, cannot be relied upon to provide evidence to prove just cause. The Umpire stated that ingestion of cocaine is a voluntary, conscious, self-induced act and this kind of self infliction will not qualify a claimant for benefits.
Decision 72285
Full Text of Decision 72285
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
leave not requested |
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Summary:
The claimant voluntarily left his employment. He was sick for a couple of days and he was in hospital. He did not report to work and did not call the employer to advise of his absence. When he went back to work the employer told him he was no longer needed because he had been replaced. The appeal of the Commission is allowed and the decision of the Board set aside as being an error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
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Decision 29253
Full Text of Decision 29253
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
leave not requested |
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Summary:
Disqualified after collecting sickness benefits. Did not act as a reasonable person by leaving without advising her employer of the reason for doing so nor making enquiries concerning the employer's sick leave policy. It was incumbent upon her to make some effort to retain her work pending recovery.
