Summary of Issue: Amount Unknown

Decision 28679 Full Text of Decision 28679

Worked weekends as taxi driver. Both claimant and employer failed to keep record of earnings. In the absence of statutory authority to allocate earnings arbitrarily the allocation made by the Commission has no validity and cannot stand, notwithstanding the spirit and intent of the legislation.

Decision 15127 Full Text of Decision 15127

A waiter who did not declare part of his tips, the amount of which was not known; assessed by CEIC at 40% of wages, that is the same percentage as the part reported and known. It is up to the insured person to submit the evidence required by section 40.

Decision 12011 Full Text of Decision 12011

Arbitrarily set at 50% in absence of necessary information; decision reversed because sufficient reasons not stated by board.

Decision A-0263.78 Full Text of Decision A-0263.78

The Umpire said that the impossibility of determining which part of 4550$ was due to loss of wages resulted in an impossibility of determining that the sum was income. That reasoning cannot be accepted. It ignores 40(1): claimant not entitled unless he proves entitlement.