Summary of Issue: Duty Of Claimant


Decision 76363 Full Text of Decision 76363

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

In this case, the claimant’s was more than three months late in submitting reports to the Commission. Between the loss of his company and his wife’s critical health needs, he was not thinking clearly and was not aware that he was required to submit reports. The claimant was informed about the necessity of completing reports in the “Next Steps” section of his application for benefits. Also, after completing his application, he would have received a benefit statement in the mail giving him an access code and the date his first report was due and when to expect he first payment. The Commission did not consider that the claimant had shown good cause as per sections 10 and 50 of the EI Act and section 26 of the EI regulation and denied benefits. The appeal by the claimant is dismissed by the Umpire.


Decision 77457 Full Text of Decision 77457

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

In June 2010, the claimant called asking for his report card for the period of April 25 to June 5, 2010, to be processed. He explained that he forgot to file his report for May 2010, because he was building his new house. A document sent to the claimant was attached to a specific warning that indicated that he had to fill out each report card within the three weeks following the date indicated; otherwise his EI benefits could be affected. The Commission found that the reasons given by the claimant did not constitute good cause under section 10(5) of the Act because it was the claimant's thirteenth claim since 1997 and he was used to filing his report cards. The appeal by the claimant was dismissed by the Umpire.


Decision 76472 Full Text of Decision 76472

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

The claimant’s was disallowed from receiving benefits for his failure to submit his reports on time. On June 26, 2009, the claimant attempted to make his report for the period of May 10 to June 13 2009. This late report was refused and on June 26, 2009 the claimant requested that his claim be reactivated. The claim was reactivated effective June 14, 2009. He then requested that his claim be antedated to May 10, 2009 and the Commission denied that request as he didn’t show good cause for the delay. The appeal by the claimant is dismissed by the Umpire.


Decision 75194 Full Text of Decision 75194

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

The claimant had an initial E.I. claim established effective December 21, 2008. On October 21, 2009, the claimant requested that his claimant’s report card be antedated to a period commencing July 19, 2009. He stated that he was working and forgot to complete his claimant’s report. The Commission found that the claimant did not have good cause (under section 10(5) of the Act) in the delay to file his claimant’s report within the time provided; under section 26 of the Regulations. The appeal by the claimant is dismissed.


Decision 74656 Full Text of Decision 74656

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

The claimant was denied benefits by the Commission since she failed to file the required reports within the allowable time frame. The Board of Referees finds as fact that the claimant applied for EI benefits on-line on August 26, 2009, which were established effective August 23, 2009. The claimant did not contact the Commission, or file any reports, until 10 weeks after applying for benefits. The appeal by the claimant is dismissed by the Umpire.


Decision A0232.08 Full Text of Decision A0232.08

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

In accordance with the Judgment and Reasons for Judgment rendered by the FCA, the Umpire's decision dated April 14, 2008 is set aside. The claimant has failed to show good cause for the period of his delay in filing his report cards as required by subsection 10(5) of the EIA. Accordingly, his request for an antedate must be denied.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate ignorance of the law duty to enquire

Decision 22167 Full Text of Decision 22167

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure returning report cards duty of claimant
Summary:

It was held in CUBs 5543 and 8348, that the onus is on the claimant to complete and return weekly report forms, and there is no responsibility on the part of the Commission to contact a person when the claimant's reports are not received.

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