Just some quick analysis here, if you haven’t read Eric’s post. Eric states himself that the heading order is “off” (h1-h4-h2-h2-h3) - but I think most would agree that the structure used makes sense. There are very legitimate reasons for this markup. First, the label for the form is in an h4 element so it will show up in the document outline (as it should) and is easily navigable for screen reader users or others that navigate via headings. It is marked up as an h4 - implying that it is less important that the two main sections of the page in question, and it is source ordered to be near the top - useful for all users, regardless of the device they are using, be it cell phone, PDA, desktop user agent with or without assistive technology.