Decision A-0549.92

Case Number Claimant Judge Language Decision date
Decision A-0549.92 Smith Ian W.  Federal  English 1993-04-22
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  very exceptional circumstances 

Summary:

No attempt in CARON to spell out which sort of circumstances would be "very exceptional". Here, the claimant made no attempt throughout the 6-month period to submit a claim, and there appears to have been no circumstance which rendered exceptionnally difficult the making of a claim at the outset.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  good cause  test to apply 

Summary:

It is now clear that in any particular case an applicant for antedating a claim for benefits must demonstrate "good cause" by showing that "he did what a reasonable and prudent person would have done in the same circumstances": CARON and ALBRECHT.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  waiting for job  searching for work 

Summary:

True, he consciously opted to seek new employment 6 months rather than throw himself on the UI system which he may have had a perfect right to do. He deserves much credit for the steps taken to avoid the making of a claim. Nonetheless, that attitude, however laudatory, does not furnish "good cause". The delay in making the claim was induced by the best of possible motives on his part, that of seeking new employment rather than falling back on UI benefits. Such motives, pure as they were, do not on the present state of the law allow him to antedate his claim on the ground that he had good cause.


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