Employment Insurance (EI)

Decision

[1] The appeal is dismissed. This means the Claimant cannot be paid more than 15-weeks of Employment Insurance (EI) sickness benefit in his benefit period.

Overview

[2] The Claimant established a claim for regular EI benefits on May 22, 2022. The Claimant was paid 15-weeks of EI sickness benefits from November 13, 2022, to February 11, 2023. The Claimant was notified on his Benefit Statement (dated February 21, 2023) that he couldn’t be paid further EI sickness benefits after February 11, 2023.

[3] The Canada Employment Insurance Commission (Commission) says the Claimant received the maximum 15-weeks of EI sickness benefits from November 13, 2022, to February 11, 2023. The Commission further says the Claimant couldn’t receive any more sickness EI benefits in this benefit period.

[4] The Claimant says the extension of EI sickness benefits approved in December 2022 to 26-weeks should technically be included in his benefit period. The Claimant further asked that his appeal be re-considered on compassionate grounds.

Matters I have to consider first

[5] The Claimant requested an in-writing hearing. So, the hearing proceeded in-writing (GD9). On July 25, 2023, I provided the Claimant until August 16, 2023, to file any additional documents or arguments. The Claimant filed additional medical documents on July 27 (GD10).

Issue

[6] Did the Commission correctly calculate the Claimant’s entitlement to 15-weeks of EI sickness benefits?

Analysis

[7] A person who qualifies for EI sickness benefits is entitled to be paid such benefits for every working day in the benefit period. This doesn’t necessarily mean that he or she will receive them for the full duration of the benefit period. In this respect, the law has placed a specific limit on the payment of sickness benefits. Specifically, the law (in effect to December 17, 2022) indicates that the maximum number of weeks for which benefits may be paid in a benefit period because of a prescribed illness, injury or quarantine is 15-weeks.^{Footnote 1}

Did the Commission correctly calculate the Claimant’s entitlement to 15-weeks of EI sickness benefits?

[8] I find the Commission correctly calculated the Claimant’s entitlement to 15-weeks of EI sickness benefits. I make this finding because the Commission correctly applied the law (in effect to December 17, 2022) and provided the maximum number of weeks of sickness benefits to the Claimant. I realize the Claimant argued that he was entitled to an extension of sickness benefits based on the new legislation. However, the Claimant wasn’t entitled to the extension of benefits because the new legislation (passed in 2022) determined that for benefit periods commencing on or after December 18, 2022, the maximum sickness benefits payable would be increased to 26-weeks. In short, the Claimant’s benefit period was established prior to December 18, 2022.

[9] I wish to emphasize to the Claimant that I must apply the law in this case. In other words, I cannot ignore, re-write, or re-fashion the law even for compassionate reasons.^{Footnote 2}

Additional Submissions from the Claimant

[10] I recognize the Claimant suffered from numerous medical challenges. I further realize the Claimant has asked for reconsideration on compassionate grounds. Still, I must the apply the law to the facts and cannot ignore the law even in the interest of compassion.

[11] I realize the Claimant further argued that the length of his sickness benefits was too short and should remain the same as prior to the pandemic. Nevertheless, I agree with the Commission that the maximum number of weeks of EI sickness benefits was 15-weeks for many years   to the Covid-19 pandemic (GD4).

[12] Finally, I wish to refer the Claimant to the Commission’s submissions where they suggest he might be eligible for the Canada Pension Plan (CPP) disability benefit (GD4). The Commission wrote that the Claimant would need to contact that department to determine whether he could meet their criteria for disability benefits and the process to apply.

Conclusion

[13] The appeal is dismissed.