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Jones (UPS) 16.34

Section 36

APPEALS, Signature requirement, Board Rule 201

CITE AS: Jones (UPS), 1988 BR 104679 (B86 12382).

Appeal pending: No

Claimant: William R. Jones

Employer: United Parcel Service

Docket No: B86 12382 104679

BOARD OF REVIEW HOLDING: A typewritten name appearing below the text of an appeal document was the intended signature of its author for the purpose of authenticating such instrument.

FACTS: Throughout the Commission adjudications concerning claimant, the Frick Co. was employer's agent. Frick prepared the wage and separation information. On behalf of the employer, Frick appealed the Determination. Both the wage and separation information and the protest of the determination bore handwritten signatures of the preparer. The protest of the Redetermination was in the form of a MAILGRAM and bore the typewritten name of the preparer. The Referee held that the lack of a handwritten signature violated Rule 201 of the MES Board of Review Rules of Practice and dismissed the appeal.

DECISION: Remand to Referee for hearing on the merits.

RATIONALE: In a full Board decision, the Board reasoned the legal definition of the word "sign" encompasses any known means of impressing the name of the signer upon paper with the intention of signing the instrument, authenticating it, and giving effect to the contents.

6/91

3, 4, 11, 13, 14:E

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