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Substantial Evidence Review Applies to Appeals Board Decisions

Thursday, January 23, 2020 | 1060 | 0 | 75 min read

A California appellate court ruled that decisions by the Occupational Safety and Health Appeals Board as to the propriety of citations against an employer are subject to a substantial evidence standard of review. Case: Nolte Sheet Metal Inc. v. Occupational Safety and Health Appeals Board (Department of Industrial Relations), No. F076389, 01/21/2020, partially published. Facts and procedural history: In 2014, inspectors from the Department of Industrial Relations’ Division of Occupational Safety and Health issued six citations to Nolte Sheet Metal Inc. for various safety violations. Th...

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