Decision 76327

Case Number Claimant Judge Language Decision date
Decision 76327   Landry L.P.  English 2011-01-27
Decision Appealed Appellant Corresponding Case
Dismissed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  filing an application  time prescribed 

Summary:

The claimant was laid off on November 7, 2008, and travelled to India from January to July 2, 2009. On August 19, 2009 she filed an initial claim and requested that her claim be antedated to November 9, 2008. The Board noted that the claimant is illiterate and it is on the advice of friends that she filed her application for benefits. The claimant filed a medical report from an Indian doctor indicating that she had been treated in India following a car accident. She was treated from February 2, 2009 to June 15, 2009. The Board considered this medical certificate as an explanation for the claimant’s longer stay in India. There is evidence to support the Board’s conclusion that in this case the exceptional illiteracy noted by the Board could constitute good cause to explain the delay in making the application for benefits. The appeal by the commission is dismissed.


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