M. L. v. Canada Employment Insurance Commission

M. L. v. Canada Employment Insurance Commission

The claimant's medical certificate only restricted work after 3:00 p.m. and did not certify incapacity to perform other suitable employment; under s.40(4) of the Regulations incapacity must render the claimant incapable of performing duties of regular or other suitable employment, therefore the D-16 disentitlement...

Source-derived case information.

Citation
2016 SSTGDEI 127
Parties
Appellant/claimant: M. L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 October 2016
Procedural Posture
Employment Insurance Sickness Benefits Disentitlement / General Division Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Employment Insurance, Sickness Benefits, Disentitlement (d 16), Availability for Work, Medical Evidence
Source Language
english
Employment Law Social Security Law Administrative Law Employment Insurance Sickness Benefits Disentitlement (d 16) Availability for Work Medical Evidence

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Parties

M. L.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Sickness Benefits Disentitlement / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the claimant failed to provide required medical evidence under s.40(1) of the Employment Insurance Regulations
  2. 2 Whether the claimant's medical certificate demonstrated inability to perform other suitable employment under s.40(4) of the Regulations
  3. 3 Whether the disentitlement (D-16) for period April 13, 2015 to August 7, 2015 was properly imposed

Ratio Decidendi

The claimant's medical certificate only restricted work after 3:00 p.m. and did not certify incapacity to perform other suitable employment; under s.40(4) of the Regulations incapacity must render the claimant incapable of performing duties of regular or other suitable employment, therefore the D-16 disentitlement for the sickness period was properly maintained and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • D-16 disentitlement maintained for the period April 13, 2015 to August 7, 2015; claimant not entitled to EI sickness benefits for that period