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FRANK COLUCCIO v. DEPT. OF LABOR & IND.

No. 70334-0-I.

329 P.3d 91 (2014)

FRANK COLUCCIO CONSTRUCTION CO., Inc., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered May 14, 2014.

Attorney(s) appearing for the Case

Aaron Kazuo Owada , AMS Law PC, Lacey, WA, Jennifer Liu Truong , AMS Law PC, Seattle, WA, for Appellant.

Paul Michael Weideman , Attorney at Law, Seattle, WA, for Respondent.

LAU, J.

¶ 1 Frank Coluccio Construction Co. operated an excavator within 10 feet of an energized power line in violation of WAC 296-155-428(20)(a)'s 10-foot clearance requirement. The Board of Industrial Insurance Appeals (Board) affirmed the Department of Labor & Industries' "Citation and Notice of Assessment" against Coluccio for a serious violation of the Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW. The superior court...

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