Summary of Issue: Length Of Delay

Decision A0011.10 Full Text of Decision A0011.10

The claimant filed an application for benefits approximately two years after his last day of work on July 12, 2006. He requested that his application be antedated to September 2006. He claimed that he was told, during two telephone conversations with a Commission agent that he did not qualify for benefits as he was not an immigrant. The FCA found that there was no explanation provided as to why the claimant delayed applying for benefits between the date when he stopped work in July 2006 and when he first contacted the Commission in October 2006. Application for judicial review allowed.

Decision 35066 Full Text of Decision 35066

Request for a 40 week antedate. Commission believes that good cause, once established, can "rust" or dissolve if asserted "too long". Held that if and when a claimant's being misinformed be good cause for delay, such good cause endures naturally and legally until displaced by correct information.