| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
waiting for job |
existing opportunity |
|
Summary:
The claimant had surgery in 2009 and claimed EI sickness benefits during her medical leave from work. She was scheduled to return to work in September 2009. However, her employer delayed her return to work date to February 2010. She did not submit an application for regular benefits for that period until January 20, 2012. She requested that her claim be antedated to September 2009. In her request for an antedate, she explained that she did not know that she may have been entitled to receive regular benefits when she did not return to work in September 2009 and that she did not think that she would have enough hours of insurable employment to qualify for benefits. The Commission denied the claimant’s antedate request. The FCA supported the conclusion that she had not established good cause for delay.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
duty to enquire |
|
Summary:
The claimant had surgery in 2009 and claimed EI sickness benefits during her medical leave from work. She was scheduled to return to work in September 2009. However, her employer delayed her return to work date to February 2010. She did not submit an application for regular benefits for that period until January 20, 2012. She requested that her claim be antedated to September 2009. In her request for an antedate, she explained that she did not know that she may have been entitled to receive regular benefits when she did not return to work in September 2009 and that she did not think that she would have enough hours of insurable employment to qualify for benefits. The Commission denied the claimant’s antedate request. The FCA supported the conclusion that she had not established good cause for delay.
