Decision 21528

Case Number Claimant Judge Language Decision date
Decision 21528   Strayer  English 1992-09-11
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  farming  self-employed 

Summary:

Owns a small ranch of 572 acres, 53 head of cattle and 33 calves. Works some 10 hours a day on the farm and considers farming his main livelihood. He never worked off the farm during the summer months. The Board erred in finding that he was a typical minor farmer. The Board was wrong in law to apply para. 57(6)(b) because that provision is specifically limited to calculating income for the purpose of 57(2)(a). It is clear that the formula has no application to a determination under ss. 43(2) as to whether farming is minor in extent.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  credibility 

Summary:

The Board did not have regard to claimant's signed statement that farming was his main livelihood, that he worked at it all day. The Board adopted his statements, in the telephone hearing, without regard to the fact that he had not worked off the farm during the farming season.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  without regard for material 

Summary:

The Board did not have regard to claimant's signed statement that farming was his main livelihood, that he worked at it all day. The Board adopted his statements, in the telephone hearing, without regard to the fact that he had not worked off the farm during the farming season.


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