Summary of Issue: Expecting Compensation Payments

Decision A0281.11 Full Text of Decision A0281.11

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.

Decision 27354 Full Text of Decision 27354

Claimant delayed in filing for 9 months as he was appealing a Workers' Compensation decision. CARON referred to. The delay cannot be considered to be "for exceptional circumstances". He willingly chose to delay filing, awaiting benefits which he was quite sure he would receive.

Decision 20094 Full Text of Decision 20094

Speaks neither English nor French. Is claiming compensation from CSST; told on 1-6-87 she will obtain compensation until 2-3-87; appeals. UI applied for on 7-7-87. Waiting for final decision from another organization is a reason justifying the backdating.

Decision 18251 Full Text of Decision 18251

Highly paid executive who retained the services of counsel to negotiate a settlement with employer. Unsuccessful. Delayed the filing of UI claim for 6 months. No attempt to file claim. No evidence of misinformation. No indication of reasonable expectation of compensation.

Decision 13000A Full Text of Decision 13000A

Teacher suspended on 17-1, ultimately dismissed on 13-6. Investigation in interval as to whether he was had disability which might negate intention to dismiss him. He believed he was entitled to disability insurance.

Decision 11012A Full Text of Decision 11012A

Received disability benefits until 13-6-83, then permanent benefits refused. Resumed work 25-10-83. On 21-11-83, he requests antedate to 19-6-83. As he was waiting for a reply from insurance company and had collected benefits, not unreasonable to delay UI claim.

Decision 15614 Full Text of Decision 15614

Car accident. Expected payments from insurance company. He was told at beginning of 1-87 that no monies would be paid and filed UI claim 28-1-87. Did not act reasonably as per ALBRECHT. He did nothing to enquire about rights and obligations under UI andnegligent in 1-87.

Decision 15388 Full Text of Decision 15388

Ceased work 25-6. Applied for compensation. Denied 17-8. Waited for his doctor and then went to WCB twice. Resumed work 29-8. He acted reasonably. Did not want to claim both UI and WCB. To wait less than 3 weeks [6-10] after exhausting possibilities under WCB is good cause.

Decision 15072 Full Text of Decision 15072

I do not agree with the Board's refusal. From 30-7-83 until 7-86, the insured person was waiting for a decision concerning his compensation application from the CSST. This is just cause in accordance with CUB-5112.

Decision 15040 Full Text of Decision 15040

Workers' compensation ceased 4-86. Advised on 17-6-86 that no other payments would be made. Appealed and, in 9-86, was advised she would be paid from 4-86 to 11-6-86. UI claim 7-9-86 retroactive to 11-6. As per CUB 5127, the hope to win a grievance is not good cause.

Decision 14665 Full Text of Decision 14665

Claimant on short-term disability 7-1 to 12-5-86, then applied for long-term. Advised on 11-7-86 that claim not accepted. Returned to work 14-7-86. Matter pursued until turned down 9-4-87. Failure to seek advice not reasonable after 11-7. Easy access tooffice. Claimant said he knew he could not collect both UI and some other benefit. His knowledge of the law here is much better than legal requirement for prompt filing. A prudent person would surely file for both benefits and see if either materialized, then forego one.

Decision 12762 Full Text of Decision 12762

Injured his back. Not unreasonable for him to expect to receive union benefits. Pursued the matter and made numerous calls. Good cause shown for nearly 6 months.

Decision 12316 Full Text of Decision 12316

Health affected by work. Claimed compensation. Submitted medical certificates. Claim disputed. 1 year at issue. The claimant's failure to file for UI was quite explicable. It cannot be said that it was attributable to indifference, lack of concern or blithe ignorance. [p._9]

Decision 12100 Full Text of Decision 12100

Claimant was convinced that her proper avenue of compensation was the Workers' Compensation Board as her illness was the cause of a reaction to chemicals she encountered at work. [p._4]

Decision 11214 Full Text of Decision 11214

Insured believed protected by wage-loss indemnity plan, employer also believed this. One year later learned, after returning to work, that not entitled to anything. Depression in addition. Refers to PRIOTTE and ALBRECHT.

Decision 11118 Full Text of Decision 11118

Insured was justified in requesting antedating from 22-7 to 6-11-82. While awaiting decision of insurance company to pay compensation, she had valid reason.

Decision 10737 Full Text of Decision 10737

Car accident 31-7-83. Understood lost income to be paid by insurance company, so UI claim not filed until 3-10-83. She was also distressed by separation from husband under way. Looked first to another source of income replacement. Conduct reasonable.