Decision A0370.11

Case Number Claimant Judge Language Decision date
Decision A0370.11 Winston-Curpen  Trudel, J.A.  English 2013-02-06
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  severance pay  allocation * 


The claimant lost his employment in September 2009, applied for benefits in December 2009 and had received a $20,000 severance payment. The Commission allocated the payment as earnings in accordance with the EIR. The claimant argued that the severance payment should not be allocated from the date that he lost his employment, but should instead be considered as insurable earnings earned during his rate calculation period, thereby increasing his benefit rate. On judicial review, the claimant argued that the application of the Regulations to his circumstances was inequitable or unfair. The EIA ant the EIR impose a duty on the Commission to calculate how a severance payment is to be applied and the rate of benefits a claimant will be entitled to receive once the severance pay has been allocated. In dismissing the application, the FCA agreed that neither the Court, nor the Umpire, nor the BOR have the legal authority to grant the claimant special relief based on his unique circumstances.

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