Summary of Issue: Factual Cases


Decision 69538 Full Text of Decision 69538

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases Parental benefits
Summary:

In error, the claimant received 33 weeks of parental benefits and his wife had been paid 21 weeks of parental benefits for the care of the same child.


Decision 17730 Full Text of Decision 17730

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases adoption benefits
Summary:

Adoption benefits claimed 7-2. Case allowed based on court order making adoption legal 15-1 without enquiring as to date of child placement. Found later that placement had occurred in previous October and overpayment resulted. GRANGER quoted.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits actually placed

Decision 42471 Full Text of Decision 42471

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases earnings
Summary:

BOR allowed appeal based on an error made on the Notice of Decision which did not spelled out all the separation moneys the total represented. Clmt is not relieved from the operation of the allocation provisions even if the Commission provides erroneous information or commits an error.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim material fact mistake as to a new facts to BOR, Umpire or Commission

Decision 14547 Full Text of Decision 14547

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases earnings
Summary:

Even though the facts show claimant was honest and acted in good faith, earnings have to be allocated as provided for in the Regulations and if he received an overpayment it is proper for the Commission to claim a refund.


Decision 13915 Full Text of Decision 13915

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases earnings
Summary:

Wages in lieu of notice for 10 weeks received on lay-off from Flyer Industries not earnings. Monies later ruled insurable, and then became earnings. Overpayment: $2284. Strong recommendation for write-off.


Decision 14255 Full Text of Decision 14255

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases insurability
Summary:

Employment ruled not insurable by NR/T and 2 benefit periods voided. Overpayment: $4620. Appealed NR/T's ruling but outcome unknown. Verification necessary. If the employment is not insurable, then the Commission's decision is correct as claimant would not have sufficient weeks to qualify.


Decision 11732 Full Text of Decision 11732

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases insurability
Summary:

Benefit period established in 1982. Employment ruled not insurable by NR/T in 1984. Benefit period void. Overpayment: $9,000 written off by the Commission. It is not disputed that claimant was ineligible. I am unable to find anything which would allow me to reverse the Board's decision.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off

Decision 11461 Full Text of Decision 11461

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases insurability
Summary:

In view of the decision of the Tax Court that the employment was not insurable, it is clear that claimant did not have sufficient weeks to qualify for benefits. Overpayment of $5377.


Decision 24471 Full Text of Decision 24471

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

Some 3 months after termination, following a complaint filed by the union, a severance pay was paid to claimants. A reallocation of earnings was made from date of termination, including vacation and statutory holiday pay. S. 43 used to cancel the benefit period and start it from a later date.


Decision 16854 Full Text of Decision 16854

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

A pastor who ceased to be paid his monthly salary of $1446 because of a lack of funds but continued to be provided with housing accommodations estimated at $75 weekly. Retroactive ruling resulting in substantial overpayment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required non-monetary income
earnings income in kind

Decision 14030 Full Text of Decision 14030

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

Laid off full-time but continued 2 days a week. Reported earnings without fail. Overpayment: $4000 due entirely to Commission's oversight in allowing claim all these years.


Decision 13015 Full Text of Decision 13015

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

Rehired part-time 4 days after lay-off and reported his earnings without fail for the following 8 months. No interruption of earnings. Overpayment: $7150.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required rehired within 7 days
interruption of earnings conditions required reduction in hours
reconsideration of claim new facts with diligence
reconsideration of claim overpayment authority to write off

Decision 12440 Full Text of Decision 12440

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

No interruption of earnings. Overpayment in the amount of $4620 brought about by misinformation given by the Commission and also by not investigating until long after payments had expired.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required rehired within 7 days
reconsideration of claim overpayment hardship defined

Decision 12356 Full Text of Decision 12356

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

8 months involved. Last day worked 5-12, re-employed 12-12. The result is anomalous. Because he had an interruption of earnings of only 6 days he was not initially entitled to claim for benefits. [p. 2-3]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required rehired within 7 days
earnings bonus retaining one's services
board of referees jurisdiction priority of law
reconsideration of claim errors by Commission not a ground of entitlement

Decision 11002 Full Text of Decision 11002

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings
Summary:

Claimant laid off 31-12-82 but returned to same employer on part-time basis within 7 days and worked every week in 1983 reporting to the Commission all earnings received. Retroactive ruling.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter

Decision 74123 Full Text of Decision 74123

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings reinstatement
Summary:

EI benefits were paid to the claimant from January 16 to November 26, 2005. The Commission learned that, on May 30, 2006, a memorandum of understanding was reached between the claimant and the employer. The claimant was reinstate in his position with pay from December 16, 2004 to March 16, 2006, to settle the claimant's grievance. The Commission determined that there was no interruption of earnings as the claimant was not unemployed for seven consecutive days. That decision resulted in an overpayment. The claimant's appeal is dismissed by the Umpire.


Decision 64248 Full Text of Decision 64248

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

The Commission made a number of errors and, as a result, had to change the benefit rate more than once. Despite the open and candid statements of the claimant, who must repay significant sums though he has committed no error, the Court may not contravene the Act and regulations which require that claimants repay unowed sums they have received.


Decision 41322 Full Text of Decision 41322

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

The initial benefit rate was wrongly calculated by the Commission. As a result of new information the rate was corrected. Umpire concluded that, while one can understand the annoyance of claimant, unfortunately it is the law which must be applied and in faling to do this, the BOR made in error in law. The error was detected and corrected by the Commission well within the time limit allowed by the legislation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim errors by Commission not a ground of entitlement
board of referees errors in law misinterpretation of provision

Decision 20087 Full Text of Decision 20087

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Insurable remuneration of $11,300 introduced into computer instead of $5,651 so weekly payments of $339 instead of $170; overpayment of $4,199. Section 13 not open to interpretation. Section 43 authorizes correction notwithstanding Section 86 (no new facts).


Decision 17008 Full Text of Decision 17008

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Rate recalculated and reduced from $127 to $115 upon receipt of an additional Record of Employment.


Decision 16273 Full Text of Decision 16273

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

The insured received worker's compensation benefits plus certain amounts that made out the difference between his regular salary and the benefits. Only the amounts were insurable, so that the rate of benefit was reduced retroactively. Refer to BLONDIN.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision 15637 Full Text of Decision 15637

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Termination of employment 7-10-83, UI application 11-10, benefit period began 2-10. Occupied new job for 16 weeks; subsequent rate based on 16 weeks (that of 2-10 went unnoticed). Error corrected on 2-86: over payment of $700. Beginning of benefit period ajusted to 9-10-83.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods commencement date

Decision 15312 Full Text of Decision 15312

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

One Record of Employment not submitted at time of filing. Rate adjusted retroactively from $275 to $215. The fact that the overpayment came about because claimant acted on incorrect advice of Commission staff, if in fact he did, is irrelevant. He received benefits to which he was not entitled.


Decision 15011 Full Text of Decision 15011

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Claimed to have acted on the advice of CEIC in declaring only the last 10 weeks of employment so as to benefit from a higher rate. If there was in fact an error on the part of CEIC, such an error does not make the decision law. Section 43 makes it possible to go back 36 months.


Decision 13944 Full Text of Decision 13944

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

The Commission erred in calculating the rate now reduced from $229 to $153 resulting in overpayment of $2128. It is clear that the Commission has the right to reconsider the claim. S.43 and 35 are crystal clear if action taken within 3 years. It is irrelevant that the error came from the Commission.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off

Decision 13478 Full Text of Decision 13478

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Handwriting error: rate of $89 reduced to $59 and $1,110 overpayment. Write-off of overpayment recommended.


Decision 13223 Full Text of Decision 13223

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Rate of benefit erroneously based on 12 instead of 20 insured weeks. The Commission freely admits that it made the error which resulted in overpayment and relies on s.43. The words of the Act are abundantly clear and have to be applied.


Decision 13193 Full Text of Decision 13193

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Last employment declared insurable several months after claim; adjusted rate of benefit reduced from $228 to $178; $775 overpayment.


Decision 12702 Full Text of Decision 12702

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Claim reconsidered after 14 months under s.43. Employer's failure to abide by reg. 35 and provide a Record of Employment at the proper time is of no help to claimant under s.15 of the Charter.


Decision 12682 Full Text of Decision 12682

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

A second Record of Employment discovered nearly 2 years later. Rate substantially reduced on 2 distinct benefit periods. Commission's authority found in s.86 and ss.43(1).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off

Decision 12619 Full Text of Decision 12619

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Weekly rate reduced from $180 to $103 more than one year following termination of the benefit period. Overpayment: $2662. Clerical error by CEIC.


Decision 12605 Full Text of Decision 12605

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

The Commission delayed for 8 months the recalculation following receipt of Record of Employment. Rate reduced from $253 to $111. Overpayment: $5814. Ss.43(1) allows 36 months as a delay. The Commission is technically correct but I would strongly recommend the writing-off of the overpayment.


Decision 12564 Full Text of Decision 12564

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Error by CEIC; rate calculated on earnings of $3,416 instead of $2,416; $1,538 overpayment; 1 year in issue; s. 43 provides for 36 months; overpayment repayable under 35 and 36. If there is injustice, only Parliament can eliminate it.


Decision 12548 Full Text of Decision 12548

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

Payroll records examined 9 months after benefit period terminated. Rate reduced from $189 to $185. The Commission relied exclusively on Revenue Canada figures. It made no independent investigation as to their accuracy. ATWAL referred to. Error in law.


Decision 12443 Full Text of Decision 12443

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of benefit
Summary:

CEIC made calculation error. Rate of $255 reduced to $107. $2,400 overpayment. Amendments suggested concerning discretion and possible write-off of overpayments.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off
reconsideration of claim overpayment hardship defined

Decision A-0223.79 Full Text of Decision A-0223.79

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases rate of unemployment
Summary:

Four weeks of overpayment because the CEIC miscalculated the unemployment rate and failed to terminate the benefit period at the correct time. Validity of former Reg. 166(2) (current Reg. 52) confirmed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of unemployment

Decision 13083 Full Text of Decision 13083

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases record of employment erroneous
Summary:

Incorrect record of employment went unnoticed and error in calculation; s. 43 permits error to be corrected.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim authority to review new facts vs reconsideration
reconsideration of claim errors by Commission not a ground of entitlement

Decision 12099 Full Text of Decision 12099

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases record of employment erroneous
Summary:

Long delay by CEIC in acting; rate of benefit and number of weeks corrected; $441 overpayment.


Decision 11940 Full Text of Decision 11940

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases record of employment erroneous
Summary:

Benefit paid at rate of $107 per week. One year later discovered that record of employment in error. Wrong number of insurable weeks under Reg. 13. Rate reduced to $83. $950 overpayment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
board of referees natural justice defined
basic concepts insurability minimum insurable

Decision 11526 Full Text of Decision 11526

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases record of employment erroneous
Summary:

Rate of benefit, commencement and duration of benefit period adjusted retroactively. As per CUB_5664: The Commission has the power, not to say the duty, to correct retroactively any administrative error. I too share this view.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim authority to review time limitation

Decision 14873 Full Text of Decision 14873

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

According to the dissenting member of the board, no new facts to warrant reexamination pursuant to sect. 86. Without passing judgment on the merits of this assertion, CEIC could do so pursuant to section 43(1) at any time in the 36 months following the payment of benefits.


Decision 13329 Full Text of Decision 13329

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Employment reported in March. On 4-7, the Commission investigates the reason for separation. Disqualified 20-8. Overpayment: $828. Taking into consideration the full disclosure, the fact that he found alternative employment soon after, the retroactivity, penalty reduced from 3 to 2 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale

Decision 13312 Full Text of Decision 13312

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Disqualification reduced from 6 weeks to 2 merely because it had retroactive effect, since CEIC had delayed acting.


Decision 12945 Full Text of Decision 12945

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Voluntarily left in 7-84 and 3-week disqualification imposed in 3-85 retroactive to 7-84. As for the write-off of the overpayment, it is a matter for the Commission, not within the jurisdiction of the Umpire.


Decision 12777 Full Text of Decision 12777

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Left approved course 6-5. Benefits paid to middle of May. Disqualification for leaving course backdated to 6-5. Claimant objected to overpayment. No doubt that the law was applied properly. Disqualification starts from the date claimant dropped out of the course.


Decision 12734 Full Text of Decision 12734

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Worked in January. This information came to the Commission's attention in March or April. Disqualification resulted in overpayment. Retroactive aspect not at issue.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment relations at work unhappy atmosphere

Decision 11410 Full Text of Decision 11410

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Loss of part-time employment through misconduct. Disqualification reduced to 3 weeks due to part-time and then to 2 weeks due to extenuating circumstances.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct absences from work
reconsideration of claim overpayment time limitation for recovery
basic concepts disqualification length

Decision 11073 Full Text of Decision 11073

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification
Summary:

Claimant failed to give reason for leaving work in space provided on report card. Disqualified 21 months after the event. Rather surprising that Commission seeks repayment. However claimant partly at fault. Disqualification reduced to one week.


Decision 13558 Full Text of Decision 13558

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases sickness benefits
Summary:

Insured received retroactive payments from the CSST. According to appellant, the Act must not have retroactive effect. This argument cannot be accepted. Subs. 17(3), like many other provisions of the Act, may have retroactive effect.


Decision 13038 Full Text of Decision 13038

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases weeks of unemployment
Summary:

Full-time real estate agent earned no income, said he was told by CEIC that he was entitled to benefit; situation covered by ss. 43(1) and 35.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment real estate salespersons
reconsideration of claim errors by Commission not a ground of entitlement

Decision 16992 Full Text of Decision 16992

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases workers' compensation payments
Summary:

Appeal made to Workers' Compensation Appeal Board and claimant paid compensation effective 1 year earlier. The Commission has an obligation to seek recovery of UI under 35(1) and 36 and claimant has an obligation to repay.

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