Legal Opinion

Asplundh Tree Expert Co. v. WASH. DEPT. OF LABOR & INDUS.

Court of Appeals of Washington

Decided June 9, 2008No. 60138-5-1PublishedCited by 3 opinions

1Opinion of the Court

185 P.3d 646 (2008)

ASPLUNDH TREE EXPERT COMPANY, Appellant,

v.

WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

No. 60138-5-1.

Court of Appeals of Washington, Division 1.

June 9, 2008.

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…

2Cases cited10 opinions

  1. Kastanis v. Educational Employees Credit UnionWashington Supreme Court · 1994
  2. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Raymond Hendrix, D/B/A Alsea Lumber CompanyCourt of Appeals for the Ninth Circuit · 1975
  3. Inland Foundry Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2001
  4. Washington Cedar & Supply Co. v. Department of LaborCourt of Appeals of Washington · 2004
  5. J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007

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

3Cited by3 opinions

  1. F. Coluccio Const. Co., App. v. Wa. St. Dept. Of L. & I., Res.Court of Appeals of Washington · 2014
  2. Imco General Construction, Inc., App v. Wa State Dept Of Labor & Industries, RespCourt of Appeals of Washington · 2018
  3. Potelco, Inc. v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2015

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