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STATE, DEPT. OF L&I v. TYSON FOODS, INC.

No. 25733-9-III.

178 P.3d 1070 (2008)

STATE of Washington, DEPARTMENT OF LABOR & INDUSTRIES, Appellant, v. TYSON FOODS, INC., Respondent.

Court of Appeals of Washington, Division 3.

March 20, 2008.

Attorney(s) appearing for the Case

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

Jeffrey Bennett Youmans, Davis Wright Tremaine LLP, Seattle, WA, for Respondent.

BROWN, J.

¶ 1 The Department of Labor and Industries (L & I) appeals a superior court's affirming a Board of Industrial Insurance Appeals' (Board) administrative ruling applying regulations WAC 296-800-16015 and -16020 under the Washington Industrial Safety and Health Act, chapter 49.17 RCW (WISHA). L&I contends the superior court and the Board erred as a matter of law in concluding Tyson Foods, Inc. (Tyson), did not improperly fail to identify (select...

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