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Legal Opinion

Secretary of Labor v. United Parcel Service, Inc.

Court of Appeals of Kentucky

Decided February 24, 2017No. 2015-CA-001376-MRPublished

1Opinion of the Court

OPINION

LAMBERT, J„ JUDGE:

The Secretary of Labor, Commonwealth of Kentucky (the Secretary or the Labor Cabinet) has appealed from the opinion and order of the Franklin Circuit Court affirming the Kentucky Occupational Safety and Health Review Commission’s (Review Commission) Decision and Order dismissing a citation against United Parcel Service, Inc. (UPS), imposed under the Kentucky Occupational Safety and Health Act (KOSHA), Kentucky Revised Statutes (KRS) 338.011 through 338.991, and holding that the Secretary failed to meet his burden of proof under KRS 338.031(1), the General Duty Clause.…

2Cases cited17 opinions

  1. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
  2. Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
  3. American Beauty Homes Corp. v. Louisville & Jefferson County Planning & Zoning CommissionCourt of Appeals of Kentucky (pre-1976) · 1964
  4. National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, PartyCourt of Appeals for the D.C. Circuit · 1973
  5. Kentucky State Racing Commission v. FullerCourt of Appeals of Kentucky (pre-1976) · 1972

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