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O.M.A. CONST. v. DEP'T OF LABOR AND INDUS.

No. 85203-5-I.

550 P.3d 509 (2024)

O.M.A. CONSTRUCTION, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

Ordered Published Date June 14, 2024.

Attorney(s) appearing for the Case

Lindsay Taft Watkins, Nicholas Calvin Korst, Ahlers Cressman & Sleight PLLC, 1325 4th Avenue, Suite 1850, Seattle, WA, 98101, Margarita M. Kutsin, Ryanne Selene Mathisen, Ahlers Cressman & Sleight PLLC, 1325 4th Ave., Ste. 1850, Seattle, WA, 98101-2571, for Appellant.

Diane Hunter Cornell, Washington State Office of the Attorney, 800 Fifth Avenue, Suite 2000, Seattle, WA, 98104, Daniel J. Hsieh, Washington Attorney General's Office, 800 Fifth Ave., Ste. 2000, Seattle, WA, 98104-3188, for Respondent.

Meghan A. Douris, Seyfarth Shaw LLP, 999 3rd Ave., Ste. 4700, Seattle, WA, 98104-4041, for Amicus Curiae on behalf of Associated General Contractors of Washington (AGC).

¶ 1 OMA Construction, Inc. (OMA) is a civil contractor which employs dump truck drivers to transport various materials to, from, and within construction sites of large public works projects. Under the Industrial Insurance Act (IIA), Washington classifies occupations or industries by their level of hazard for purposes of setting...

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