Digest of COSHAB's Decision After Reconsideration dated December 31, 1985, Docket No. 84-R4D2-862. Elaine W. Donaldson, Chairman; L. A. Harrington and Michael R. Monagan, Members.
In language virtually identical to that of R. Baker, Inc. (supra at Digest & 16,430R), the Appeals Board reversed the ALJ decision of May 22, 1985 (Digest 16,169), and denied Employer's appeal from a regulatory violation of 341.1(i)(2). See Mallory & Greenhalgh (supra, Digest 16,429R). In this case, the Board reclassified the violation to regulatory from repeat/regulatory (the Division offered no evidence to establish it as a repeat) and vacated a $40 penalty.
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