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Trapp v. Department of Labor and Industries

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eBook details

  • Title: Trapp v. Department of Labor and Industries
  • Author : Department Two No. 33504 Supreme Court of Washington
  • Release Date : January 22, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

[48 Wash2d Page 561] This appeal raises the same question relative to the proper construction of RCW 51.52.130 (Laws of 1951, chapter 225, § 17, p. 693) as was presented in Harbor Plywood Corp. v. Department of Labor & Industries, No. 33448, filed this day, ante p. 553, 295 P.2d 310. We there hold that a workman or beneficiary who is successful in the superior court in resisting an appeal from a decision and order of the board of industrial insurance appeals and who secures an affirmance of the decision and order appealed from, is not entitled to an attorney's fee ""payable out of the administrative fund of the department [of labor and industries]."" RCW 51.52.130. The reason given is that the statute in question provides that an attorney's fee is payable from that fund only where ""the decision and order of the board is reversed or modified.""


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