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Laycock (Chrysler Corp)16.28

Section 32a

PROCEDURE, Good cause for late protest, MESC Rule 270

CITE AS: Laycock (Chrysler Corp), 1978 BR 54055 (B76 15558).

Appeal pending: No

Claimant: Marilyn F. Laycock

Employer: Chrysler Corp

Docket No: B76 15558 54055

BOARD OF REVIEW HOLDING: Denial of receipt of a Commission document creates an issue of fact which must be decided by the trier of fact.

FACTS: Claimant's protest of determination was not received within 20 days after the determination was mailed. Claimant testified she did not receive the determination, but had received all other MESC mailings. She lived in a single family dwelling and had no known problem receiving her mail. The Referee, relying on an earlier Board decision Chasca (Detroit Edison), B76-3345-51196, held that claimant's testimony of non-receipt was inadequate as a matter of law to rebut the presumption of mailing.

DECISION: Remanded for hearing on whether the document was in fact received by the claimant or at her mailing address.

RATIONALE: Chascsa is at odds with higher court rulings to the effect that the presumption of receipt is rebuttable. Testimony of the party denying receipt is often the only testimony and is not weightless because it is "self-serving".


5, 7, 14:NA

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