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  • CUB 60293



    In the matter of a claim for benefits by
    Ronald JONES


    IN THE MATTER of an appeal to an Umpire by the claimant from the decision of a Board of Referees given on February 11, 2003 at Montreal, Quebec


    GUY GOULARD, Umpire

    The claimant established a claim for employment insurance benefits effective November 18, 2001. His rate of benefits was determined to be $391.00. The Commission later determined that it had erred in its calculation of the rate of benefits. The rate was recalculated to $381.00 instead of $391.00. This decision resulted in an overpayment of $381.00.

    The claimant appealed the Commission's decision to the Board of Referees which dismissed his appeal. He appealed the Board's decision. This appeal was heard in Montreal, Quebec, on February 3, 2004. The claimant was present.

    Before the Board, the claimant did not contest the calculation of the rate of benefits. He contested the Commission's allegation that he had received 41 benefit payments and requested proof that this was the case. The Board concluded, after an examination of the file, that the Commission's decision should be maintained. The Board did not refer to any evidence establishing that the claimant had received 41 benefit payments.

    On appeal, the claimant insisted that the Commission had not presented proof of the total benefits or of the number of payments he had received. After a thorough review of the appeal docket, counsel for the Commission acknowledged that there was confusion in the file as to the exact amount of benefits paid to the claimant and as to the exact number of payments he had received. I also could not determine this from the docket.

    I therefore find that the Board did not have the evidence to support its decision. The Commission had not proven its case and the Board should have allowed the claimant's appeal.

    Accordingly, the appeal is allowed and the Board's decision is set aside.

    Guy Goulard


    OTTAWA, Ontario
    February 24, 2004