Decision 12762

Case Number Claimant Judge Language Decision date
Decision 12762   McNair  English 1986-11-03
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  proof 

Summary:

2 essential conditions: claimant must have been qualified on the prior day and good cause for delay must be shown to exist throughout the whole period. The onus of proving that both of these conditions have been met rests with claimant.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  rationale 

Summary:

Good cause is undefined by the legislation. Prompt filing is a basic requirement for proper administration. Undue delays not conducive to orderly operation. To abide by the requirements is an essential condition.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  expecting compensation payments 

Summary:

Injured his back. Not unreasonable for him to expect to receive union benefits. Pursued the matter and made numerous calls. Good cause shown for nearly 6 months.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  waiting for record of employment 

Summary:

Delay of 6 weeks: from 20-7 to 30-8. Difficulty in communicating in English. Employer took no pains to advise him properly. Employer's tardiness and default in making ROE immediately available despite claimant's best efforts. He did what a reasonable person would have done. [p.7]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  qualifying conditions  a requirement 

Summary:

2 essential conditions: claimant must have been qualified on the prior day and good cause for delay must be shown to exist throughout the whole period. The onus of proving that both of these conditions have been met rests with claimant.


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