Section 34
PROCEDURE, Board Rule 306, Evidence
CITE AS: Ruge v Glassen, Rhead, McLean, Campbell & Bergamini, unpublished per curiam Court of Appeals January 12, 1996 (No. 172017)
Appeal pending: No
Claimant: John P. Ruge
Employer: Glassen, Rhead, McLean, Campbell & Bergamini
Docket No. B89-17343-113896
COURT OF APPEALS HOLDING: The Board of Review cannot consider documentary evidence that has not been properly admitted into the record.
FACTS: The claimant signed a statement to the MESC admitting he was working forty hours a week in self-employment. The statement was not included in the record considered by the Referee. The employer sought to have the statement entered into evidence. The Board considered the statement without remanding the matter or notifying the parties that the statement would be considered, or otherwise complying with Rule 306. The Board reversed the Referee's decision and held the claimant ineligible based on the statement. The Circuit Court reversed the Board because the statement had not been properly admitted into evidence.
DECISION: The matter was remanded for the Board to consider the statement after compliance within Rule 306.
RATIONALE: The Court of Appeals remanded for consideration of the statement in compliance with Rule 306 because the employer should not be adversely affected by the Board's failure to follow correct procedures.
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