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LEGACY ROOFING, INC. v. STATE, L & I

No. 31722-2-II.

119 P.3d 366 (2005)

LEGACY ROOFING, INC., Appellant, v. STATE of Washington, DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 2.

Publication Ordered September 13, 2005.

Attorney(s) appearing for the Case

Richard Martin Slagle, Slagle Morgan LLP, Seattle, WA, for Appellant.

Bourtai Hargrove, Attorney Gen Office, Olympia, WA, Terry Dale Peterson, Attorney at Law, Everett, WA, for Respondent.

QUINN-BRINTNALL, C.J.

¶ 1 In this appeal, residential roofing contractor Legacy Roofing Company, Inc.1 raises three challenges to a Department of Labor and Industries (L & I) citation for its employee's failure to wear fall protection gear while on a roof at a job site, violations of WAC 296-155-24510.

¶ 2 For the first time on appeal, Legacy asserts (1) that L & I did not establish a prima facie case of a serious...

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