Summary of Issue: Interruption Of Earnings

Decision A-0577.97 Full Text of Decision A-0577.97

The claimant received workers' compensation from the CSST from 27-11-91 to 12-11-93. Refusal to antedate to 4-7-93: no interruption of earnings before 11-93. The Umpire found that the compensation consisted of temporary payments for earnings replacement and not payments made under a final settlement within the meaning of the Employment Insurance Regulations. Decision upheld by the FCA.**In addition, the FCA ruled that there is no distinction to be made between payments received for loss of salary or for income that the claimant could earn despite the accident.

Decision A-1206.88 Full Text of Decision A-1206.88

Claimant retired 29-11-85 with pension plus a payment of $27,240. Claim filed 25-6-86. Denial of antedate on ground that he did not qualify for UI on 1-12-85 overruled by Umpire. YOUNG applies. Claimant not entitled to be deemed to have filed prior to 5-1-86.

Decision 15949 Full Text of Decision 15949

Refer to: A-1206.88

Decision A-0978.88 Full Text of Decision A-0978.88

Whether an interruption of earnings is required to antedate claim prior to 5-1-86 under Bill C-50. The Court examined the Debates of the House of Commons. Parliament's intention is clear. Language used in para. 4(a) is clear.

Decision 16365 Full Text of Decision 16365

The insured must prove that he fulfills the required conditions and that he had sufficient motive to justify the delay. No interruption of earnings starting in 6-85 since he was on paid leave. The interruption of earnings only occurred in 1-87. He was clearly not entitled to antidating.

Decision 15920 Full Text of Decision 15920

2 conditions to be met: good cause for delay and claimant must qualify on the prior day. To qualify refers to the required number of weeks and an interruption of earnings. The Board erred in allowing the antedate because good cause shown. There was no interruption of earnings due to severance pay.

Decision 15341 Full Text of Decision 15341

The Commission's submission that the issue of good cause need not be addressed as an interruption of earnings cannot be shown to have occurred on the earlier day is correct.

Decision 10875 Full Text of Decision 10875

Following last day worked, claimant received money pursuant to an agreement whereby employees are to be paid 60 days from the date of election [resulting in termination of employment]. Antedating cannot be done to a date prior to an interruption of earnings occurring.