Questione giuridica chiave
Whether unemployment benefits for July-August 2009 were forfeited because requested supporting documents were not filed on time.
Decisione estratta
The denial was unlawful because the file did not prove that the insured had been expressly warned, in a legally sufficient way, of forfeiture for late filing of the required documents.
Motivazione estratta
Forfeiture under Art. 20 Abs. 3 AVIG and Art. 29 AVIV requires an explicit and unmistakable warning about the forfeiture consequence when essential documents are requested. The September 15, 2009 letter contained such a warning, but receipt was disputed and not proven with predominant probability; the forms and information day were insufficient substitutes.