Legal Opinion

Frank Coluccio Construction Co. v. Department of Labor & Industries

Court of Appeals of Washington

Decided March 24, 2014No. 70334-0-IPublishedCited by 28 opinions

1Opinion of the CourtLau, J.

¶1 Frank Coluccio Construction Company-operated an excavator within 10 feet of an energized power line in violation of WAC 296-155-428(20)(a)’s 10-foot clearance requirement. The Board of Industrial Insurance Appeals (Board) affirmed the Department of Labor and Industries’ “Citation and Notice of Assessment” against Coluccio for a serious violation of the Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW. The superior court affirmed the citation and assessment of penalties. Because substantial evidence supports the Board’s findings of fact and its findings support…

2Cases cited23 opinions

  1. Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
  2. Moreman v. ButcherWashington Supreme Court · 1995
  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. Children's Hospital & Medical Center v. Department of HealthCourt of Appeals of Washington · 1999

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3Cited by28 opinions

  1. Potelco, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2015
  2. Potelco, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2016
  3. Pro-active Home Builders v. Washington State Department Of Labor And IndustriesCourt of Appeals of Washington · 2018
  4. State v. NumrichWashington Supreme Court · 2021
  5. 1 Up Floors Llc v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2020

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

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