Legal Opinion

Cobra Roofing Services, Inc. v. Department of Labor & Industries

Washington Supreme Court

Decided June 1, 2006No. 76064-1PublishedCited by 28 opinions

1Opinion of the Court

¶1

C. Johnson, J.

This case requires us to determine whether the Department of Labor and Industries (Department) properly found a violation of the Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW, to be a “repeat” violation under RCW 49.17.180(1) subject to a greater penalty. We also decide whether attorney fees may be awarded, under Washington’s equal access to justice act (EAJA), RCW 4.84.340, .350, and .360, for WISHA decisions appealed to the Board of Industrial Insurance Appeals (Board) and to superior court. The Court of *94Appeals held the violation was a…

2Cases cited6 opinions

  1. State v. J.P.Washington Supreme Court · 2003
  2. COBRA ROOFING SERVICE, INC. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2004
  3. Cobra Roofing Service, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2004
  4. Alpine Lakes Protection Society v. Department of Natural ResourcesCourt of Appeals of Washington · 1999
  5. Entertainment Industry Coalition v. Tacoma-Pierce County Health DepartmentWashington Supreme Court · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Slidewaters LLC v. Washington State Dep'tCourt of Appeals for the Ninth Circuit · 2021
  2. Erection Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2011
  3. Washington Cedar & Supply Co. v. StateCourt of Appeals of Washington · 2007
  4. Washington Cedar & Supply Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
  5. BD Roofing, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007

23 more not listed; retrieve them via the Exa API.

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