OPINION
BOYCE F. MARTIN, JR., Chief Circuit Judge.
This case arises from an appeal of a decision by the Occupational Safety and Health Review Commission regarding a drowning accident at a work site in Beavercreek, Ohio. That decision reversed in part and affirmed in part the decision of the administrative law judge in this matter. Danis-Shook, the petitioner, claims that the judgment of the Review Commission
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