| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
earnings |
|
|
Summary:
It is submitted that ss.29(4) authorizes the Commission to deduct the earnings from benefits payable without any reference to the allocation provisions of reg. 173, now 58. It seems to us that there is merit in that submission. [case decided on another ground]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
from employer |
|
Summary:
Claimant's salary topped up under company policy without any legal or moral obligation to do so. The Umpire found that reg. 58(4) and (11) do not apply. Implicitly concurred in by FC when it resorted to reg. 58(18)(b). There was a transaction between claimant and employer.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
transaction |
|
Summary:
The employer continued to issue to claimant his regular cheques during the illness and, in turn, claimant would endorse over his UI cheque to employer. This procedure can be said to be a "transaction" within the meaning of reg. 173(18)(b), now 58(18)(b).
