Legal Opinion
Asplundh Tree Expert Co. v. Department of Labor & Industries
Court of Appeals of Washington
Decided June 9, 2008No. 60138-5-IPublishedCited by 8 opinions
1Opinion of the CourtEllington, J.
¶1 A company clear-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 Board of Industrial Insurance Appeals that Asplundh Tree Expert Company was clear-cutting trees, violated two logging regulations, and waived its right to raise affirmative defenses. We affirm.
*56 BACKGROUND
¶2 Puget Sound Energy hired Asplundh Tree Expert Company to “perform line clearance and right-of-way maintenance work” on its energy…
2Cases cited9 opinions
- Kastanis v. Educational Employees Credit UnionWashington Supreme Court · 1994
- 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
- Inland Foundry Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2001
- Washington Cedar & Supply Co. v. Department of LaborCourt of Appeals of Washington · 2004
- J.E. Dunn Northwest, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Frank Coluccio Construction Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2014
- Department of Labor & Industries v. RowleyCourt of Appeals of Washington · 2014
- Pro-active Home Builders v. Washington State Department Of Labor And IndustriesCourt of Appeals of Washington · 2018
- Asplundh Tree Expert Co. v. WASH. DEPT. OF LABOR & INDUS.Court of Appeals of Washington · 2008
- Central Steel Inc., App-cross Resp V. Department Of Labor & Industries, Resp-cross AppCourt of Appeals of Washington · 2021
3 more not listed; retrieve them via the Exa API.