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COBRA ROOFING SERVICE, INC. v. DEPARTMENT OF LABOR & INDUSTRIES

No. 21923-2-III.

97 P.3d 17 (2004)

122 Wn.App 402

COBRA ROOFING SERVICE, INC., Appellant, v. DEPARTMENT OF LABOR & INDUSTRIES, Respondent and Cross-Appellant.

Court of Appeals of Washington, Division 3, Panel Five.

Reconsideration Denied August 19, 2004.

Attorney(s) appearing for the Case

Kevin W. Roberts, Dunn & Black PS, Spokane, WA, for Appellant.

Anastasia R. Sandstrom, Attorney at Law, Seattle, WA, for Respondent.

Douglas B.M. Ehlke, Attorney at Law, Federal Way, WA, for Amicus Curiae.

BROWN, J.

Cobra Roofing Services (Cobra) and the Department of Labor and Industries (Department) both prevailed on specific issues in a judicial review of alleged violations of the Washington Industrial Safety and Health Act (WISHA). Neither the Board of Industrial Insurance Appeals (Board), nor the superior court would grant Cobra's request for attorney fees and costs under the Equal Access to Justice Act (EAJA), RCW 4.84.350. Cobra appeals the denial of fees and...

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