Decision A-1223.83

Case Number Claimant Judge Language Decision date
Decision A-1223.83 Ferris J.  Federal  English 1984-12-12
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  applicability 

Summary:

Claimant argues that the payment does not fall under former reg. 173(20), so it is not earnings. The Board's decision that the monies were earnings under reg. 172 was proper, so that it then became necessary that they be allocated under 173. Reg. 173(1)is clear.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  as income 

Summary:

Out-of-court settlement. The earnings fell within reg. 173(20); namely they were paid or payable pursuant to "otherwise" than a court judgment. The Board held that no amount is to be attributed for injury to reputation and no evidence of expenses for retraining or relocation. The Umpire held the total settlement was earnings. We are of the view that the reasons for judgment are unassailable in law.


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