Legal Opinion

Express Construction Co. v. Department of Labor & Industries

Court of Appeals of Washington

Decided June 1, 2009No. 61569-6-IPublishedCited by 13 opinions

1Opinion of the CourtAppelwick, J.

¶1 Express appeals the trial court’s decision affirming the decision and order of the Board of Industrial Insurance Appeals, which fined Express for a serious trenching violation. Express contends that the Department of Labor and Industries did not present a prima facie case of a serious violation. Because the Board’s findings reflect substantial evidence of a serious violation, we affirm.

FACTS

¶2 Express Construction Company was the general contractor for a construction project on Ballinger Way Northeast in Shoreline, Washington. Charley’s Backhoe, Inc., a subcontractor, provided excavation…

2Cases cited10 opinions

  1. Moreman v. ButcherWashington Supreme Court · 1995
  2. Stute v. P.B.M.C., Inc.Washington Supreme Court · 1990
  3. Mid Mountain Contractors, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2006
  4. J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
  5. JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIESCourt of Appeals of Washington · 2007

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3Cited by13 opinions

  1. Erection Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2011
  2. Potelco, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2015
  3. Pilchuck Contractors, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2012
  4. Erection Co. v. DEPT. OF LABOR & INDUSTRIESCourt of Appeals of Washington · 2011
  5. EXPRESS CONSTRUCTION CO. v. Department of Labor & Indus.Court of Appeals of Washington · 2009

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