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    II. Principles of Law

    (b) Amendment of Decision vs. Reconsideration of Claim

    The power to reconsider a claim for benefits has a very specific purpose of its own. If the Commission exercises this power it either acquires the right to recover an overpayment of benefit, or it creates an obligation to pay benefits which it had previously refused.

    Briere v. C.E.I.C., [1989] 3 F.C. 88 (F.C.A.) A-637-86

    The specific power to reconsider any claim for benefit in order to determine whether there was an overpayment does not flow from the general power of the Commission to amend its decisions with respect to specific claims for benefit pursuant to section 120 of the Employment Insurance Act.

    Briere v. C.E.I.C., [1989] 3 F.C. 88 (F.C.A.) A-637-86

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    2009-05-05