While he attempted to place a large ripper shank into the tool pocket of a Caterpillar bulldozer, the ripper shank fell, killing Dennis Newell, an employee of petitioner Ford Construction Company, Inc. (Ford). Ford filed a petition for reconsideration with respondent Workers' Compensation Appeals Board (WCAB), which the WCAB denied. Nelson concluded Ford violated Safety Order 4999, subdivision (b)(1) because the load was not attached by an effective means and properly rigged. The administrative law judge dismissed the citations against Ford for the serious violations, finding them unsupported by the evidence. In the present case, the WCAB reviewed the evidence and concluded it supported a finding of serious and willful misconduct by Ford.

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