In re Chapman

Levine and Mercure, JJ.,

dissent and vote to reverse in a memorandum by Mercure, J. Mercure, J. (dissenting). We respectfully dissent. In our view, claimant’s rather uncertain testimony that she received the decision on or about August 22, 1986 and the date stamp of "AUG 14 1986” on the ALJ decision were, viewing the record as a whole, insufficient to support the Board’s factual determination that the decision was mailed on August 14,1986.

Notwithstanding the clear direction of the Board’s notice of hearing that the case preparation unit of the Department of Labor "[pjroduce a witness with…