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Decision A0539.12 Full Text of Decision A0539.12

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

The claimant filed a claim for benefits on April 17, 2012 and requested that his claim be antedated to June 2007. The Commission refused the claimant’s request on the basis that he had not shown good cause for his delay in applying for EI benefits. The Umpire dismissed the Commission’s appeal, relying on medical evidence which established that the claimant suffered from depression and post-traumatic stress disorder. The Umpire concluded that the claimant’s delay in filing his claim had resulted from his mental illness. The FCA ruled that there is no need to review all of the existing jurisprudence but that reasonable analysis suffice to come to acceptable outcomes. The FCA's decision can be found in English only at this address: http://decisions.fca-caf.gc.ca/site/fca-caf/decisions/en/item/66413/index.do


Decision 76519 Full Text of Decision 76519

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

The claimant was involved in an accident and unable to work between November 5, 2008 and October 15, 2009. In October 22, 2009 the claimant filed for special benefits and requested to back date the application to November 5, 2008. The commission ruled she did not have good cause to delay as required by law. The delay was caused by her filing of a claim with a private insurer. The Commission reviewed the request and allowed her qualifying period extended by an additional 50 weeks. This allowed her to establish 643 insurable hours but she needed 788 insurable hours. The claimant has accumulated a minor violation in the 260 weeks preceding the filing of her claim, thus increasing the number of required insured hours to qualify. The appeal by the claimant is dismissed by the Umpire.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods extension

Decision 70202 Full Text of Decision 70202

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Claimant delayed in filing because he was taking care of his spouse who had health problems. Although a delay in filing based on a claimant's spouse's health problems has not been considered in jurisprudence, a claimant's health problems have generally not been considered to constitute good cause for filing when the claimant was not otherwise prevented from filing and had taken no steps to inquire about his rights.


Decision 41300 Full Text of Decision 41300

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Claimant had not shown that between Oct. 95 to Apr. 97 he had good cause for applying late for benefits. Umpire stated that even if claimant was in an alcoholic or drug induced stage it is unlikely that in a year and a half he could not have gone to a Commission office or got advice from a friend or counsellor about seeking an antedate.


Decision A-0216.93 Full Text of Decision A-0216.93

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Since the appreciation of "good cause" necessarily requires an examination of all the circumstances it would have been an error for the Board not to consider claimant's illness. There is no sacramental formula which requires the trier to use a specific form of words in coming to a conclusion.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate very exceptional circumstances
antedate waiting for job searching for work
board of referees errors in law misinterpretation of facts

Decision 19014 Full Text of Decision 19014

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

No evidence that he took any steps to inform himself as to his rights. While it is true that he was convalescing at home, his back pain would not have prevented him from telephoning either the Commission or his union for advice as to his rights and obligations.


Decision 16525 Full Text of Decision 16525

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Last day of work: 8-3. Contacted a doctor on 11-3, was hospitalized and operated upon 13-3. Sufficiently recovered on 27-4 to return to work. Claimant made no attempt to explain the delay except to say she did not think she should have made enquiries about her rights.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice negligence

Decision 14385 Full Text of Decision 14385

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

She was refused that information over the phone. She was housebound and did not want to ask her neighbours to assist. An enquiry by letter would not have likely produced quicker results than waiting the 3 weeks after release from hospital for her son's return.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction request for review new facts

Decision 14326 Full Text of Decision 14326

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

The Board found claimant has not proven that he was incapable of notifying Commission in person, by telephone or by wife or friend. This is the wrong test. Literacy extremely limited. All claimant had to show was that he acted reasonably.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate rationale

Decision 13378 Full Text of Decision 13378

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

2 major surgeries requiring long rehabilitation. Not aware of his rights. While normally the passage of 2 years without taking any steps to enquire might be unreasonable, he had 2 major operations.


Decision 13052 Full Text of Decision 13052

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Nearly 2 years in issue; accident that required intensive care, hospitalization for 4 months, 4 months rehabilitation, wheelchair for 11 months and use of crutches thereafter; incapable of work for 19 months.


Decision 12852 Full Text of Decision 12852

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

According to the Board, the doctor states claimant was too disabled to work, not that for the relevant period of 7 months he was too disabled to file a claim. Decision entirely supportable. No mistake of law.


Decision 12703 Full Text of Decision 12703

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

I do not believe that the skin rash, even if it required the application of a lotion 24 hours a day, was not such that it should have prevented claimant from filing. Delay of 6 weeks.


Decision 12401 Full Text of Decision 12401

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Motorcycle accident, in hospital 3 weeks, cast on his hand and leg after. Technicalities should not be used as an excuse to deny benefits. I believe that 12 weeks is not an outrageous delay after such accident. [p. 3]


Decision 12385 Full Text of Decision 12385

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Claimant involved in car accident and delayed filing for 2 months. The Board applied too narrow a test when it required claimant prove she was incapable of contacting the Commission or filing a claim. The test is whether it was reasonable in the circumstances to delay.


Decision 12100 Full Text of Decision 12100

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

She was suffering from a variety of symptoms (dizziness, headaches and gastritis) which prevented her from immediately taking any action with regard to her claim. Under these circumstances, making a claim was understandably not her utmost concern or priority. [p. 4]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate expecting compensation payments

Decision 11956 Full Text of Decision 11956

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Hospitalized from 31-1 to 14-2; 2 major surgeries; claim made on 14-3. ALBRECHT and CARON considered. Convalescence to 12-3 does not justify failure to seek information by telephone; also believed that employer was handling it. These 2 reasons sufficient.


Decision 11620 Full Text of Decision 11620

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

The Board must address claimant's appeal in light of ALBRECHT. Is it reasonable or not that a totally disabled person could be tardy in filing? Was she fit and able enough to make timely enquiries about her rights and to enforce them?


Decision 11532 Full Text of Decision 11532

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

No hesitation in saying there is good cause for delay if hospitalized. As to convalescence at home, everything depends on nature of surgery. Insured person must use mail, telephone or another person as soon as he can.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate waiting for record of employment

Decision 11517 Full Text of Decision 11517

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

1 week in hospital and 3 weeks at home. CUB 4854 quoted: illness may or may not be a valid reason. Then refers to ALBRECHT. Did not act reasonably while at home. One may overlook period in hospital but not intervening weeks.


Decision 10740 Full Text of Decision 10740

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

It is well established in the previous decisions of the Umpires that it is necessary to establish a high degree of incapacity in order to show good cause on the basis of physical inability to file a claim.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires right of hearing
board of referees right to be heard improper hearing

Decision 10737 Full Text of Decision 10737

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Car accident 31-7-83 which did not leave claimant completely incapacitated but rendered her unable to work. Claim filed 3-10-83. The Board held "the Act clearly states that only total incapacity is acceptable as good cause". Error of law.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate expecting compensation payments
board of referees errors in law misinterpretation of provision

Decision 09105 Full Text of Decision 09105

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons
Summary:

Was hospitalized, was subject to surgery and then convalesced at home. Delay of 3 months. The Commission argued that she could have phoned the office. Illness serious enough to prevent one from contacting Commission may provide good cause. She attended as quickly as she could.

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