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ACCIDENT PREVENTION DIV. v. RLC CORP./MATLACK

No. SH-88817; CA A62767.

798 P.2d 712 (1990)

103 Or.App. 601

ACCIDENT PREVENTION DIVISION, Respondent, v. RLC CORP./MATLACK, Inc., Petitioner.

Court of Appeals of Oregon.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Thomas W. Brown, Portland, argued the cause for petitioner. With him on the brief was Cosgrave, Vergeer & Kester, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Employer seeks review of a Workers' Compensation Board order approving a citation by the Accident Prevention Division (Division) for a safety violation under the Oregon Safe Employment Act. ORS 654.001 et seq. We reverse.

Employer makes three assignments of error relating to the citation for violation of OAR 437-41-035(4), which alleged that there was a dangerous gap between a loading platform owned by a third party and employer...

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