| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from third party |
|
|
Summary:
Request for a 40 week antedate. Claimant under the false impression from the WCB that she need not seek benefits elsewhere pending her appeal to WCB. Applied immediately when advised by union representative to seek U.I. Claimant did what a reasonable person would have done in her situation.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
applicability |
length of delay |
|
Summary:
Request for a 40 week antedate. Commission believes that good cause, once established, can "rust" or dissolve if asserted "too long". Held that if and when a claimant's being misinformed be good cause for delay, such good cause endures naturally and legally until displaced by correct information.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
not a trial de novo |
|
Summary:
The "appeal" to an umpire is similar to an application for judicial review. It is not a trial de novo; rather, the "appeal" allows the umpire to make the decision which ought to have been made by the referees. The FCA has recently confirmed these powersin Morin (A-453-95).
