Decision 63578
Full Text of Decision 63578
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The claimant is deemed not eligible for benefits after receiving the maximum payable for sickness. The Umpire stated that the first medical report could only be considered an approximate evaluation of the claimant's period of disability. The more recent evaluation was certainly more reliable and more consideration should have been given it for the purposes of determining the claimant's current availability and capacity for work.
Decision A-1049.88
Full Text of Decision A-1049.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The Board erred in law. Availability to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
| availability for work |
applicability |
proof |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
Decision 15799
Full Text of Decision 15799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Refer to: A-1049.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
| availability for work |
applicability |
proof |
|
Decision 16240
Full Text of Decision 16240
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Advised 2 months late that her entitlement to UI sickness had expired. Her treatment was elective and had she known she would not be entitled to UI she would have made herself available for work. This may be so. It remains that she was not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
expiration of sickness benefits |
|
|
| availability for work |
applicability |
Commission allegedly at fault |
|
Decision 16061
Full Text of Decision 16061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The requirement in 14(a) that a claimant must be capable for work refers to physical capability in the sense of being physically well or not being subject to some restraint which makes the person unable to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 14054
Full Text of Decision 14054
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The fact that this conduct was dictated by health, age and in order to live with her son, does not alter the fact that she effectively withdrew herself from the labour market where she might have been employable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Decision 13995
Full Text of Decision 13995
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
It is correct that the board should not state medical opinoins. It must be recalled that it is up to the claimant to prove availability. Claimant had undergone very serious operation and it was entirely reasonable to conclude that he could not work immediately.
Decision 13897
Full Text of Decision 13897
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Mere fact of receiving compensation payment because of injury does not mean not capable and not available. Cannot rely on decision of CSST. (Do not know whether this was full indemnity after March 5)
Decision 12388
Full Text of Decision 12388
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The claimant does not dispute the fact that she was not capable of working. Accordingly, she is clearly not entitled to regular benefits [p. 3].
