Decision 76023

Case Number Claimant Judge Language Decision date
Decision 76023   Teitelbaum  French 2010-12-10
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  extension  long tenured worker 

Summary:

The claimant wanted to cancel his benefit claim established in September 2008 so as to establish a new one on January 4, 2009 in order to benefit from the Career Transition Program, which would have allowed him to obtain additional weeks of benefit. The claimant file an initial claim for benefits, received a vacation and severance pay, which were spread out until December 5, 2008. According to the BOR, a claimant who wants to terminate a benefits period for just cause must ask the Commission in order to submit a new claim for benefits. After checking, the Commission said that the claimant would qualify for the program if his claim were dated January 4, 2009. However, there was no justification for the delay from September 2008 to January 2009 to end his benefit period except so that he could take advantage of a new Bill coming into effect on October 25, 2009. Although the Board of Referees agrees with the claimant concerning the spirit of this assistance measure, a change in the Act is not just cause for a change in his file. The appeal by the claimant is dismissed by the Umpire.


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