BEFORE THE WORKERS' COMPENSATION BOARD OF THE STATE OF OREGON HEARINGS DIVISION
Oregon Occupational Safety & Health Division ) Docket No: SH-93173 Plaintiff, ) Citation No: L3984-049-93 vs. ) TOM O'BRIEN CONSTRUCTION CO. ) Defendant. ) ORDER DENYING ) RECONSIDERATION Plaintiff requests reconsideration of the Opinion and Order dated May 2, 1995. Specifically, plaintiff contends that its burden of proof is met upon a showing that is substantially probable that death or serious bodily injury could, rather than would, result from a violative condition. I agree and that is the test used in reaching my conclusions in the Opinion and Order dated May 2, 1995. Accordingly, the plaintiff's motion should be denied. IT IS SO ORDERED. Entered at Portland, Oregon, May 31, 1995 Workers' Compensation Board GARY NELS PETERSON Referee