Summary of Issue: Implicit Request


Decision A-0371.93 Full Text of Decision A-0371.93

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate applicability implicit request
Summary:

Issue of antedating raised before the Board but there was no such request before the CEIC. The Umpire erred in holding that, although there may not have been an express request, the CEIC implicitly dealt with the issue since it had to determine the commencement date of the benefit period.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate qualifying conditions a requirement
board of referees issue not recognized jurisdiction exceeded
umpires jurisdiction question not at issue

Decision A-1191.88 Full Text of Decision A-1191.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate applicability implicit request
Summary:

He had not made his claim in 12-85 as it was his intention to do when he attended the office. The mere intention to do something can, in no circumstances, be equated to the doing of the thing. If the law clearly requires the doing of an act, the intention to do it is not enough.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure applicability general
board of referees legislative authority acquired rights
earnings pension as income
board of referees rules of construction effective date of proviso
board of referees rules of construction intent and object
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