Decision 74371
Full Text of Decision 74371
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| sickness benefits |
out of canada |
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Summary:
While receiving sickness benefits, the claimant left Canada for a short period. During this period she was in the United States and the Commission claimed reimbursement of benefits paid during her absence. It is the claimant's contention that because of surgery she had to be off work for six weeks. She had no one to help her or look after her in Winnipeg so her boyfriend brought her to Fargo (U.S.) where he looked after her. The decision rendered by the BOR on the issue of "absence from Canada" is well founded since the claimant's situation does not come under any of the exceptions set forth in the Regulations. Accordingly the law must be applied and section 37 of the Act is very clear in stating that one is not entitled to benefits while outside of Canada. The appeal by the claimant is dismissed.
Decision 72350
Full Text of Decision 72350
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| sickness benefits |
out of canada |
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Summary:
The Commission determined that the claimant was not entitled to benefits for the period she was out of the country. The claimant stated that, while on sickness benefits, she had been out of Canada on the advice of her psychologist to be with her mother in another country to benefit from her mother's care and support. The claimant provided letters from her psychologist and family physician to that effect. In this case, the support and assistance the claimant received from her mother while in the other country was undoubtedly excellent but cannot meet the definition of treatment as provided in paragraph 55(1)(a) of the Regulations as the claimant did not receive any treatment as defined in the Regulations because the treatment she received was not provided in a hospital or any similar facility. The Board's decision is rescinded and the Commission's decision is confirmed.
Decision 71422
Full Text of Decision 71422
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| sickness benefits |
out of canada |
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Summary:
The claimant traveled to Costa Rica for a vacation and was not seeking treatment there. He had been on sick benefits as he was recovering from a drug problem. He was advised to go for the holiday in Costa Rica. The Board of Referees found that the claimant did not fit in with any of the exemptions of Regulation 55 and found that s. 37(b) of the Act applied and the claimant was not entitled to benefits. The appeal of the claimant dismissed.
Decision 66946
Full Text of Decision 66946
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| sickness benefits |
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Paragraph 55(5)(b) of the Regulations did not apply to the claimant as none of earnings on which she based her claim arose from insurable employment outside Canada.
Decision 63138
Full Text of Decision 63138
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| sickness benefits |
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The claimant, while receiving sickness benefits, travelled out of Canada to perform a job search and was disentitled from benefits. The Umpire stated that paragraph 55(1)(f) of the EI Regulations clearly provides an exception to the disentitlement pursuant to subsection 37(b) of the Act for the purpose of conducting a job search. He concluded that, although a claimant may be prevented from working for medical reasons, it is easy to imagine a situation where the claimant could still be able to undertake a trip out of the country for the purpose of a bona fide job search.
Decision 63025
Full Text of Decision 63025
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| sickness benefits |
out of canada |
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The claimant failed to show that he was out of the country to undergo medical treatment that was unavailable in Canada. The Umpire stated that the claimant has a burden to show that he falls within one of the exceptions under section 54 of the Unemployment Insurance Regulations and concluded that there is no indication that he received medical care while in France.
Decision 38437A
Full Text of Decision 38437A
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| sickness benefits |
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Summary:
The purpose of unemployment insurance (now employment insurance) is to provide assistance to those who have lost their jobs, are available for work and are making serious efforts to find new employment. It is not to provide benefits to those who are on holiday or convalescing outside Canada.
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| board of referees |
legislative authority |
purpose of ui system |
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Decision 37352
Full Text of Decision 37352
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| sickness benefits |
out of canada |
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Although it may be argued that the claimant by residing in a warm climate such as Panama was pursuing a medical treatment which is at least during the winter months not available in Canada, this treatment, did not occur in a hospital or similar institution. Given that the claimant does not fall within any of the exceptions to the general prohibition found in s.54 of the Reg.
other summary
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| sickness benefits |
treatment not available in canada |
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Decision A-0370.95
Full Text of Decision A-0370.95
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| sickness benefits |
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Claimant temporarily residing in California on his doctor's advice. The FCA ruled that the claimant had not met the requirements of S.32 of the Act or S.54 of the Reg. when he applied for sickness benefits while residing outside Canada. He failed to prove that his medical treatment in a hospital or similar institution was not available in Canada.
other summary
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| claim procedure |
proof required for entitlement |
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Decision 26045
Full Text of Decision 26045
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While one might stretch the circumstances of claimant's sojourn in Florida in mid-winter to constitute "medical treatment", that is, warmth and sun not available in Canada, such treatment as claimant underwent was acknowledged not to have taken place in a "hospital or institution".
Decision 20711
Full Text of Decision 20711
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Travelled to Hong Kong for a 2-week vacation and was to return to employment in Canada afterward. She was involved in an accident and sustained serious injuries. She underwent emergency medical treatment and surgery. Unable to return as planned. Her case falls outside ss. 54(3).
A person who is not in Canada may only receive sickess benefits if the treatment outside the country is unavailable in Canada. This is an exception to the general scheme of 32(b) of the Act which Parliament is entitled to make.
Ss.15(1) of the Charter imposes the obligation that persons who are similarly situated be treated equally. The distinction created under 32(b) affects claimants who are not in Canada, whether they are disabled or not. This is not based on a personal characteristic but on location.
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| availability for work |
absences from home |
out of canada |
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Decision 17474
Full Text of Decision 17474
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No one can argue that a stay in a tropical climate (Venezuela) in a tourist establishment even though authorized by a doctor could be the equivalent of "like facility" referred to in Reg. 54(3).
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision 15438
Full Text of Decision 15438
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out of canada |
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Resting for 3 weeks in the West Indies; cannot benefit from Regulation 54, as the person concerned was not hospitalized.
Decision 14845
Full Text of Decision 14845
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After undergoing surgery in Canada, spends 6 weeks in Switzerland convalescing at his brother's house. Complains that he was not informed in advance by CEIC. Only individuals admitted to a foreign hospital can appeal Reg. 54(3).
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| board of referees |
errors in law |
misinterpretation of provision |
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Decision 14563
Full Text of Decision 14563
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| sickness benefits |
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Prolonged illness made the trip to Florida necessary for mental and physical well-being. No suggestion that treatment not available in Canada as per reg. 54(3). The fact she did so on doctor's advice is of no help.
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| board of referees |
jurisdiction |
priority of law |
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Decision 14422
Full Text of Decision 14422
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Attending a course in Austria while sick. A claimant will only be entitled to sickness benefits while abroad if admitted to a medical institution for treatment not available in Canada. Whether course available in Canada is irrelevant.
Decision 12298
Full Text of Decision 12298
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2 weeks to convalesce in Mexico following major surgery. The law is clear and leaves no room for doubt. S.45 does create somewhat of an anomaly. Nevertheless, it is there and must be applied.
Decision 12216
Full Text of Decision 12216
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The Act is very clear that UI benefits are not payable if one is out of Canada [USA] for medical reasons, unless it can be shown the medical treatment was not available in Canada.
Decision 11792
Full Text of Decision 11792
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If he was not sick, clearly he could not qualify for employment in the U.S. because no working permit. Para. 25(b) requires that if it were not for the illness he would be employable.
Decision 11586
Full Text of Decision 11586
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Went to Latvia and used for his leukemia a herbal medicine. Treatment in reg. 54(3) means both efficacious and objectively recognized by some credible medical or scientific professional to be so.
Decision 11513
Full Text of Decision 11513
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Took leave from 18-3 to 7-4 and went abroad on vacation. Injured 1-4 and confined to hospital until 15-5. Returned in July. Medical treatment for car accident victims is most certainly of a kind available in Canada. Reg. 54(3) of no help to claimant.
Decision 10789
Full Text of Decision 10789
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Summary:
After operation on nose, went to Florida from 8-1 to 21-3-84. Disentitled; only exceptions: people who are in hospital under Reg. 54(3). Clearly board did not err in law.
Decision A-0072.81
Full Text of Decision A-0072.81
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Summary:
Time spent in a motel in Haiti to be able to take sun and bathe in the sea in the winter to help counteract arthritis is not time spent in a hospital for the purpose of undergoing treatment not available in Canada within the meaning of Reg. 54(3).
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| board of referees |
natural justice |
defined |
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Decision A-0442.80
Full Text of Decision A-0442.80
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Summary:
Insured broke her arm and went to Florida for 2 weeks. According to Umpire, since she was only a 3 hour flight away, she would have been available but for her injury. Judgment reversed by FC.
