Decision A0365.11

Case Number Claimant Judge Language Decision date
Decision A0365.11 Jesso  Mainville. Robert M.  English 2012-06-27
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  number of hours required  violation 


The Commission issued three notices of violation to the claimant for failing to report earnings. In accordance with subsection 7.1(1), the number of insurable hours the claimant was required to accumulate in order to be eligible increased to 910. The claimant’s subsequent application was denied because he had only accumulated 600 hours. The Umpire found that since the Commission had not presented evidence supporting its decision to issue the notices of violation, the claimant was not required to accumulate the additional insurable hours to establish a claim. The FCA allowed the Commission’s application for judicial review and found the Umpire had acted without jurisdiction in setting aside notices of violation that had not been appealed and thus disregarded the rules of procedural fairness.

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