Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
antedate |
ignorance of the law |
duty to enquire |
|
Summary:
The claimant applied for benefits explaining her delay in applying by indicating that she had returned to school. In her Notice of Appeal, the Claimant indicated that she did not realize she should have applied for benefits immediately after her last day of work, and that she had been given the wrong information. The Commission denied her request for an antedate. The FCA found that barring exceptional circumstances, a prospective claimant in the respondent's position is expected to take reasonably prompt steps to understand her obligations under the Act. As the claimant did not take reasonably prompt steps to understand her obligations under the Act, the Umpire's decision was unreasonable.