C. T. v. Canada Employment Insurance Commission

C. T. v. Canada Employment Insurance Commission

Tribunal found claimant was not available from November 11, 2013 to February 13, 2014 due to severe pain, medical incapacity and imposed restrictions (supported by medical certificates), but was available from March 15, 2014 based on surgeon's note and demonstrated job search; appeal allowed insofar as availability...

Source-derived case information.

Citation
2014 SSTGDEI 124
Parties
Claimant: C. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 October 2014
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Hearing
Outcome
Appeal allowed
Legal Topics
Availability for Work, Sickness Benefits, Claim Conversion, Reconsideration
Source Language
english
Employment Insurance Administrative Law Social Security Law Availability for Work Sickness Benefits Claim Conversion Reconsideration

Source-derived case record

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Parties

C. T.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Hearing

Legal Issues

  1. 1 Whether the claimant proved availability for work under paragraph 18(1)(a) of the EI Act for November 11, 2013 to February 13, 2014
  2. 2 Whether the claimant was available for work and entitled to regular EI benefits from March 15, 2014

Ratio Decidendi

Tribunal found claimant was not available from November 11, 2013 to February 13, 2014 due to severe pain, medical incapacity and imposed restrictions (supported by medical certificates), but was available from March 15, 2014 based on surgeon's note and demonstrated job search; appeal allowed insofar as availability from March 15, 2014 was established.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant not proven available for work from November 11, 2013 to February 13, 2014 under paragraph 18(1)(a) of the Employment Insurance Act