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SULLY-MILLER CONTRACTING CO. v. OCCUPATIONAL SAFETY AND HEALTH APPEALS BD.

No. C049013.

41 Cal.Rptr.3d 742 (2006)

138 Cal.App.4th 684

SULLY-MILLER CONTRACTING COMPANY, Plaintiff and Appellant, v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Respondent; Department of Industrial Relations, Division of Occupational Safety and Health, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

April 13, 2006.

Attorney(s) appearing for the Case

Robert D. Peterson, Ventura, for Plaintiff and Appellant.

Robert N. Villalovos, Assistant Chief Counsel, Douglas G. Nareau, Chief Counsel, James A. Madden, Jr., for Defendant and Respondent.

Michael D. Mason, Chief Counsel, David W. Pies, for Real Party in Interest and Respondent.

BLEASE, Acting P.J.

In this workplace safety enforcement action, petitioner, Sully-Miller Contracting Company (Sully-Miller) is an asphalt paving company that leased Jeff Moreno, one of its long-time employees, to Manhole Adjusting, Inc. (Manhole), as a roller operator. While working at Manhole's work site, Moreno was fatally injured when he was thrown from his roller because it lacked an operable seat belt.

Real party in interest, the Department of Industrial...

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