Commission Issues Remand Order in Coleman Hammons Construction Co., Inc
This case is before the Commission on remand from the United States Court of Appeals for the Fifth Circuit. Coleman Hammons Constr. Co. v. OSHRC, 942 F.3d 279 (5th Cir. 2019). The Commission affirmed a decision by Administrative Law Judge Heather A. Joys granting the Secretary’s motion to dismiss Respondent’s late notice of contest. Sec’y of Labor v. Coleman Hammons Constr. Co., No. 17-0992, 2018 WL 3048421, at *3 (OSHRC June 13, 2018). On appeal, the Fifth Circuit reversed the Commission’s decision. 942 F.3d at 285. By mandate filed December 30, 2019, the court remanded this case to the Commission. We, in turn, remand this case to the judge for further proceedings consistent with the court’s opinion.