BLUE DIAMOND GROWERS – ¶23,402R

49 COR 40-9067 [¶23,402R]

AFFIRMATIVE DEFENSE – Unexpected Extreme Departure Defense The Board concluded that the evidence established that all three elements were demonstrated by Employer. DUE PROCESS – The Board concluded that the Division was not prejudiced by the post-submission amendment and that it was sufficiently provided with due process upon notice and the opportunity to present argument through the submission of briefs.

Digest of COSHAB’s Amended Decision After Remand from Superior Court dated April 4, 2026, Inspection No. 1040471.

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