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Division 1 Court of Appeals

Performance Abatement Services Inc. v WA State Department of Labor & Industries. Performance Abatement Services, Inc (PAS) appeals the Board of Industrial Appeals affirming L&I’s issuance of a serious violation concerning fall protection procedures. PAS asserts that substantial evidence does not support that its supervisor knew, nor that should he have known that the hazard existed. It also asserts that substantial evidence establishes that it did effectively enforce its safety program and the fall was caused due to unpreventable employee misconduct. COA #842773. King County Superior Court #21-2-13733-1.