Simpson Timber Co. v. Smith

Is a worker who successfully defends, in superior court, a Board of Industrial Insurance Appeals decision in his favor, entitled to payment of his attorney's fees from the administrative fund of the Department of Labor and Industries pursuant to RCW 51.52.130? We hold that the worker is not so entitled, and reverse a superior court order to the contrary.

Shaun D. Smith claimed industrial insurance benefits for a lower back injury. On his appeal from an adverse departmental decision, the Board found the injury to be work related and made an award. The employer, Simpson Timber Company, appealed…