Interwest Construction, Inc. v. Washington State Dept. of Labor & Industries
- The Department of Labor & Industries cited Interwest Construction, Inc. for a willful serious violation when a trench wall collapsed on an Interwest employee. Interwest appealed the citation, which the Department affirmed. An Industrial Appeals Judge (IAJ) reversed the finding of willfulness but affirmed the serious violation. The Board of Industrial Insurance Appeals reversed the IAJ on the issue of willfulness, and the Whatcom County Superior Court affirmed the Board. On appeal, Interwest argues there was insufficient evidence to support a finding of willfulness and argues the IAJ improperly excluded evidence of a compliance manual. Interwest also argues the Board applied the incorrect burden of proof, improperly denied Interwest’s asserting a defense, and erred in determining a previous violation was a “repeat” violation. COA# 885499. Whatcom County Superior Court# 24-2-01034-37.