Brian F. Nicely - Page 10

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          two other documents was prepared.  Moreover, document two does              
          not list all of the job site locations at which petitioner                  
          testified he worked during 2002 and which are shown on document             
          one.  Instead, document two lists only the following three job              
          site locations:  Warren, Pennsylvania, Morris Run, Pennsylvania,            
          and Elk Garden, West Virginia.  The Morris Run, Pennsylvania, job           
          site location at which petitioner claims he worked for three                
          months during 2002 is not even listed on document one, which is             
          the document that purports to show all of the job site locations            
          where petitioner worked during that year.                                   
               The other document (document three) on which petitioner                
          relies contains handwritten notations on a letter dated May 6,              
          2004, from Mendon Pipeline, petitioner’s employer during 2002.6             
          As was true of document two, it is not clear when those handwrit-           
          ten notations were made on that letter.  Moreover, as was also              
          true of document two, such handwritten notations do not list all            
          of the job site locations at which petitioner testified he worked           
          during 2002 and which are shown on document one.  Instead, like             
          document two, such handwritten notations list only the following            
          three job site locations:  Warren, Pennsylvania, Morris Run,                
          Pennsylvania, and Elk Garden, West Virginia.  As was true of                


               6The May 6, 2004 Mendon Pipeline letter describes that                 
          company’s policy regarding the payment of the lodging expenses of           
          its employees in certain circumstances and the nonpayment of any            
          other expenses of its employees.                                            





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