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ERECTION COMPANY v. DEPT. OF LABOR & INDUSTRIES

No. 29110-6-I.

65 Wn. App. 461 (1992)

828 P.2d 657

THE ERECTION COMPANY, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Court of Appeals of Washington, Division One.

May 4, 1992.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Elliott S. Furst, Assistant, for appellant.

Mark F. O'Donnell and Oles, Morrison & Rinker, for respondent.

PEKELIS, J.

The Department of Labor and Industries (Department) appeals a trial court order setting aside a decision of the Board of Industrial Insurance Appeals (Board). The Board had dismissed The Erection Company, Inc.'s appeal of a citation and proposed penalty for alleged violations of the Washington Industrial Safety and Health Act of 1973 (WISHA), RCW 49.17 et seq., concluding that the Company's notice of appeal was untimely. We affirm.

I

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