DIV. OF OSHC v. BALL, BALL & BROSAMER

No. 1 CA-IC 91-0154.

172 Ariz. 372 (1992)

837 P.2d 174

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF the INDUSTRIAL COMMISSION of Arizona, Petitioner, v. BALL, BALL AND BROSAMER, INC., Respondent.

Court of Appeals of Arizona, Division 1, Department A.

August 25, 1992.


Attorney(s) appearing for the Case

Anita Valainis, Chief Counsel, Indus. Com'n of Arizona by Kent M. Struckmeyer, Asst. Chief Counsel, Phoenix, for petitioner Indus. Com'n.

Gallagher & Kennedy, P.A. by G. Starr Rounds, Phoenix, for respondent.


OPINION

GERBER, Judge.

This case results from the collapse of a wall which caused death and injuries to employees of respondent, Ball, Ball & Brosamer, Inc. Petitioner, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, seeks special action review from the decision of the Occupational Safety and Health Review Board ("the board") which determined that respondent did not "willfully" violate 29 CFR § 1926.703(d...

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