Legal Opinion · Dissent

Carnation Co. v. Hill

Court of Appeals of Washington

Decided July 20, 1989No. 9632-7-IIIPublished

1DissentMunson, J.

(dissenting)—I dissent. While I concur in that portion of the majority opinion dealing with exclusion of exhibits and denial of mistrial, I dissent to finding error in awarding Ms. Hill attorney fees on appeal.

*815Ms. Hill successfully challenged the initial denial of her claim for workers' compensation benefits at the Board level. Her sole misfortune was to succeed too soon in the appellate process. Thereafter, she had to defend her right to coverage in the superior and appellate courts. Yet because her initial appeal before the Board was successful rather than adverse, her subsequent successes…

2Cases cited13 opinions

  1. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  2. State v. Mountain Timber Co.Washington Supreme Court · 1913
  3. Harbor Plywood Corp. v. Department of Labor & IndustriesWashington Supreme Court · 1956
  4. Whitehead v. Department of Social & Health ServicesWashington Supreme Court · 1979
  5. In Re Estates of DonnellyWashington Supreme Court · 1972

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