Digest of COSHAB's Decision After Reconsideration dated July 6, 1993, Docket No. 91-R4D3-1366. Elaine W. Donaldson, Chairman; Michael R. Monagan and Bill Duplissea, Members.
The Appeals Board affirmed in part and modified in part the ALJ decision of July 9, 1992 (Digest 18,010), in which the judge had found a serious violation of 1541(b)(1) from a trench cave-in accident and assessed a $1,400 penalty. Employer's petition asked the Board to reconsider the penalty. On reconsideration, the Board ruled that the Division failed to prove the violation caused serious injury, and the penalty was inappropriate at the assessed level.
Serious Injury, Establishi
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