| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
waiting for record of employment |
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Summary:
The claimant delayed in applying for benefits because he could not obtain his Record of Employment and he thought he had to wait for it before filing his application. The claimant's representative submits that the Digest of Benefit Entitlement issued by the Commission is clear on the fact the claimant had good cause since the guide provides that one cannot apply for benefit or the claim cannot be finalized until there is a Record of Employment. As argued by Commission counsel, that is not exactly what the Digest suggests or what actually takes place. The world «finalize» is not synonymous to «initiate». If the claimant had appeared at the Commission office, he could have initiated a claim, which would then fulfill the requirements of filing under the Act. The Commission concluded, as does the BOR, one should not confuse «finalize» with «filing».
