M. E. v. Canada Employment Insurance Commission

M. E. v. Canada Employment Insurance Commission

Claimant failed to discharge the onus to prove incapacity for additional weeks in the qualifying period as required by s.8(2)(a) and Reg.40(4); employer payroll records corroborated insurable hours for most weeks and WSIB LOE records did not automatically establish incapacity; only a 2-week extension was justified, corrected insurable hours to 760 still yield 16 weeks under Schedule I, and the weekly benefit rate of $313.00 calculated under s.14 using the best 21 weeks is correct.

Citation
2017 SSTGDEI 21
Parties
Claimant: M. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 February 2017
Procedural Posture
Employment Insurance (ei) Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Qualifying Period Extension, Weeks of Entitlement, Weekly Benefit Rate Calculation, WSIB Loss of Earnings Evidence, Medical Evidence/onus
Source Language
English
Employment Insurance Administrative Law Social Security Qualifying Period Extension Weeks of Entitlement Weekly Benefit Rate Calculation WSIB Loss of Earnings Evidence Medical Evidence/onus

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Parties

M. E.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / General Division Decision

Legal Issues

  1. 1 Whether the qualifying period should be extended under s.8(2)(a) of the EI Act due to incapacity from a work injury
  2. 2 Whether the correct number of entitlement weeks was paid under s.12(2) and Schedule I
  3. 3 Whether the correct weekly benefit rate was calculated under s.14 given the qualifying period

Ratio Decidendi

Claimant failed to discharge the onus to prove incapacity for additional weeks in the qualifying period as required by s.8(2)(a) and Reg.40(4); employer payroll records corroborated insurable hours for most weeks and WSIB LOE records did not automatically establish incapacity; only a 2-week extension was justified, corrected insurable hours to 760 still yield 16 weeks under Schedule I, and the weekly benefit rate of $313.00 calculated under s.14 using the best 21 weeks is correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant entitled to 16 weeks of regular EI benefits as determined