ASPLUNDH TREE EXPERT CO. v. WASH. DEPT. OF LABOR & INDUS.

No. 60138-5-1.

185 P.3d 646 (2008)

ASPLUNDH TREE EXPERT COMPANY, Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

June 9, 2008.


Attorney(s) appearing for the Case

Jeremy L. Fellows, Attorney at Law, Beaverton, OR, for Appellant.

Beverly Norwood Goetz, Office of The Atty. Gen., Seattle, WA, for Respondent.


ELLINGTON, J.

¶ 1 A company cutting trees is engaged in logging and must adhere to logging safety regulations. Unpreventable employee misconduct is an affirmative defense to a violation of these regulations. Here, substantial evidence supports the findings of the Board of Industrial Insurance Appeals that Asplundh Tree Expert Company was clear-cutting trees, violated two logging regulations, and waived its right to raise affirmative defenses. We affirm.

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