Digest of COSHAB's Decision After Reconsideration dated October 14, 1999, Docket No. 94-R3D5-2331. James P. Gazdecki, Chairman; Bill Duplissea, Member.
The Appeals Board affirmed the ALJ decision of August 5, 1996 [Digest 19,007], granting Employer's appeal from a serious violation and $5,000 penalty. The Division filed the petition for reconsideration.
Appeal Hearing, Defective Recording Device, Does Not Invalidate Hearing Record.
During two days of hearing, in November 1995 and February 1996, the ALJ noticed that part of a Division witness's testimony had not been recorded because the tape machine was not turned on. "The ALJ informed the parties of
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