Legal Opinion

Martinez Melgoza & Associates, Inc. v. Department of Labor & Industries

Court of Appeals of Washington

Decided January 10, 2005No. 53388-6-IPublishedCited by 15 opinions

1Opinion of the Court

¶1 — Martinez Melgoza and Associates, Inc. (MMA), worked as an asbestos consultant on a Port of Seattle asbestos abatement project. The Department of Labor and Industries (L&I) cited MMA for unsafe asbestos work practices and conditions in violation of the Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW, and the Board of Industrial Insurance Appeals (BIIA) affirmed. MMA now appeals the superior court’s order affirming the BIIA’s decision, arguing that as a consultant, it is not subject to penalties for WISHA viola*845tions. But a business entity that controls a…

2Cases cited24 opinions

  1. Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
  2. Adkins v. ALUMINUM COMPANY OF AM.Washington Supreme Court · 1988
  3. Richard J. Teal and Tina Teal v. E.I. Dupont De Nemours and CompanyCourt of Appeals for the Sixth Circuit · 1984
  4. Anthony J. Melerine, Jr., Continental Insurance Company, Intervenor-Appellant v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1981
  5. Stute v. P.B.M.C., Inc.Washington Supreme Court · 1990

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3Cited by15 opinions

  1. Afoa v. Port of SeattleWashington Supreme Court · 2013
  2. C & M Builders, LLC v. StrubCourt of Appeals of Maryland · 2011
  3. Asplundh Tree Expert Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2008
  4. Elder Demolition, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2009
  5. Netversant Wireless Systems v. Department of Labor & IndustriesCourt of Appeals of Washington · 2006

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