| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
expecting compensation payments |
|
|
Summary:
In July 2009, the claimant had been on vacation when he was informed by his employer that his job had been abolished and he should look into re-opening his WSIB claim. On February 2, 2010, the claimant was advised that his WSIB claim was denied. He took no steps to inquire about his rights and obligations until July 2010. The Commission denied the antedate request on the basis that, while he may have had good cause for the delay until February 2, 2010, he had not shown good cause for the entire period of the delay. Subsection 10(4) of the Act allows forgiveness for a delay in makink a claim if the claimant shows good cause. The test for good cause is whether, through the entire period of the delay, the claimant did what a reasonable person would have done to satisfy himself as to his rights and obligations under the Act. The FCA found both the BOR and the Umpire had applied the wrong legal test. It is undisputed that this test was met for the period from July 2009 to February 2, 2010 but the FCA found there was no evidence that the claimant did what a reasonable person would have done to satisfy himself in the same circumstances.
