Decision A-0371.93

Case Number Claimant Judge Language Decision date
Decision A-0371.93 Read John  Federal  English 1994-03-17
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  qualifying conditions  a requirement 

Summary:

Subsection10(4) if the EIA makes it clear that the possibility of antedating a claim is dependent on two conditions precedent. First, claimant must show that he or she is qualified to receive the benefit on a date earlier. Second, claimant must show that there was good cause for the delay.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  applicability  implicit request 

Summary:

Issue of antedating raised before the Board but there was no such request before the CEIC. The Umpire erred in holding that, although there may not have been an express request, the CEIC implicitly dealt with the issue since it had to determine the commencement date of the benefit period.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  issue not recognized  jurisdiction exceeded 

Summary:

It is clear that the jurisdiction of the Board is in respect of decisions actually made or that should have been made by the Commission. The Board does not possess the jurisdiction to rule on a matter not raised by a claimant with the Commission.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  question not at issue 

Summary:

Issue of antedating raised before the Board, but there was no such request before the CEIC. The Umpire erred in holding that, although there may not have been an express request, the CEIC implicitly dealt with the issue since it had to determine the commencement date of the benefit period.


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