Potelco Inc. v. Department Of Labor & Industries Of The State Of Washington

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON POTELCO INC., No. 78433-1-1 Appellant, DIVISION ONE V. UNPUBLISHED OPINION WASHINGTON STATE, DEPARTMENT OF LABOR AND INDUSTRIES, Respondent. FILED: June 10, 2019 APPELWICK, C.J. — The Department cited Potelco for failing to ensure that a crane was certified and proof load tested. The Board of Industrial Insurance Appeals and the trial court affirmed the citation. Potelco argues that WAC 296- 155-52901 does not apply because it reasonably believed it was operating a digger derrick and not a crane, and it was not performing "construction work"…