Decision 14195

Case Number Claimant Judge Language Decision date
Decision 14195   McNair  English 1987-10-08
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  retirement allowances 

Summary:

Severance award by Firestone upon separation at age 65 or prior if incapacitated. Claimant medically discharged. Not paid under a WLI or pension plan. Lump sum. No contributions. Commission says it is severance pay. Held to be earnings.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wage-loss indemnity  group plan 

Summary:

If it is a group disability wage-loss indemnity, although the payment is not to be taken into account when determining whether claimant has had an interruption of earnings under reg. 37(2), it is nevertheless earnings under reg. 57(2)(c), to be subtracted from benefits payable.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wage-loss indemnity  vs disability pension 

Summary:

Severance award by Firestone upon separation at age 65 or prior if incapacitated. Received $5582 upon medical discharge. No evidence that payment made under a wage-loss or pension plan of any kind. Lump sum. No contributions made. Reg. 57(2.2) does not apply. [p. 9]


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