Decision 76323

Case Number Claimant Judge Language Decision date
Decision 76323   Landry L.P.  English 2011-02-27
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  extension  out of canada 

Summary:

The claimant was denied benefits after the expiration of his benefit period. The claimant’s last day of work was February 15, 2008. He filed an application for benefits on March 27, 2008. At that time the claimant left for Iran and remained in Iran for nine months. He was not eligible to benefits during that period by reason of his absence from Canada. The claimant submitted a second application in December 2008. The Commission was required to consider the 52 week period prior to the date of the application in order to determine the insurable hours of the claimant. The claimant did not work between February 15, 2008 and December 2008 and has no insurable hours. The Act provides that in certain cases the benefit period may be extended to a maximum of 104 weeks. Unfortunately the claimant’s situation is not one where an extension may be granted. Subsection 10(2) of the Act determines the length of a benefit period. The appeal by the claimant is dismissed by the umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  basic concepts  eligibility to benefits 

Summary:

The claimant was denied benefits after the expiration of his benefit period. The claimant’s last day of work was February 15, 2008. He filed an application for benefits on March 27, 2008. At that time the claimant left for Iran and remained in Iran for nine months. He was not eligible to benefits during that period by reason of his absence from Canada. The claimant submitted a second application in December 2008. The Commission was required to consider the 52 week period prior to the date of the application in order to determine the insurable hours of the claimant. The claimant did not work between February 15, 2008 and December 2008 and has no insurable hours. The Act provides that in certain cases the benefit period may be extended to a maximum of 104 weeks. Unfortunately the claimant’s situation is not one where an extension may be granted. Subsection 10(2) of the Act determines the length of a benefit period. The appeal by the claimant is dismissed by the umpire.


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