IMMEDIATE NOTIFICATION CASE DECIDED

Judge Duke Bloom of the Kanawha County Circuit Court issued a decision this week reversing a prior ruling from the State Board of Appeals which modified the $100,000 civil penalty for failing to notify the state within fifteen minutes of a serious accident.  In the instant case, the Appeals Board lowered the penalty to $10,000 due to the mitigating circumstances surrounding the accident.  The state mine safety office subsequently appealed the decision maintaining that the Appeals board does not have the authority to modify the mandatory $100,000 penalty.  Although Judge Bloom’s decision reverses the appeals Board decision and reinserts the $100,000 penalty against the company, it was predicated on a deficient record before the court and not necessarily on an analysis of the legal merits or authority issue.