| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
rationale |
|
|
Summary:
Antedating effectively provides for the payment of benefits on a carte blanche basis. A retroactive lump sum payment is paid out without the opportunity of delving into one's eligibility throughout the retroactive period. For this reason antedating mustbe an exceptional measure.
As stated in CUB 14019 that purpose is two-fold, to assure the proper administration and efficient processing of various claims and to enable the CEIC to review constantly the continuing eligibility. The timely filing is the only way to monitor the system and prevent abuses.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from Commission |
|
|
Summary:
I should also find that the information communicated to the claimant by Commission staff is sufficiently plausible as to create a reasonable opinion that the information was true, even though the claimant might not have completely understood what was said to her.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
decision incomplete |
various |
Summary:
The Board effectively failed to deal with the evidence presented by the claimant as to the information she had previously received from the CEIC. Absent any finding by the Board as to the claimant's credibility, its failure to consider that evidence constitutes an error of law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
board of referees |
statement of facts |
as a requirement |
Summary:
The Umpire must intervene where either the reasons given by the Board as a basis for its decision do not demonstrate how the Board arrived at its conclusion or where it seems on the face of the record that the Board has relied on facts that were not before it.
