Decision 35066

Case Number Claimant Judge Language Decision date
Decision 35066   Muldoon  English 1996-09-30
Decision Appellant Corresponding Case
Allowed  No N/A  -


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).


Date modified: