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ROBISON CONST. v. DEPT. OF LABOR & INDUS.

No. 33588-3-II.

149 P.3d 424 (2006)

ROBISON CONSTRUCTION, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 2.

December 19, 2006.

Attorney(s) appearing for the Case

Aaron Kazuo Owada, Law Offices of Aaron Owada and AMS Consu, Lacey, WA, for Appellant.

Bourtai Hargrove, Attorney at Law, Olympia, WA, for Respondent.

PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 Robison Construction Inc. appeals a Board of Industrial Insurance Appeals decision that Robison committed a repeat serious violation of WAC 296-155-655(10)(b) because it failed to keep a front-end loader at least 24 inches from an excavation site. Robison argues that (1) the regulation required Robison to keep only the weight-bearing portion of the loader's tire 24 inches from the excavation site, and (2) substantial...

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