Decision A-1049.88

Case Number Claimant Judge Language Decision date
Decision A-1049.88 Joint Sharon  Federal  French 1989-11-10
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  15799 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  incompatible situations  health reasons 

Summary:

The Board erred in law. Availability to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  disentitlement period at issue  availability 

Summary:

As per Umpire, once an antedate has been granted, the CEIC is not empowered to disentitle a claimant by reason of non-availability. This decision appears erroneous. Once an antedate has been granted, the CEIC must determine a claimant's eligibility.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  applicability  proof 

Summary:

The Board erred in law. Availability is to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  not applying jurisprudence 

Summary:

The Board erred in law. Availability to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  availability concept 

Summary:

The Board erred in law. Availability to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].


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