Brand v. Department of Labor & Industries

Catherine Brand seeks review of a published Court of Appeals decision ordering a reduction and recalculation of the attorney fees awarded to her in a workers’ compensation case. Brand argues that an award of attorney fees under RCW 51.52.130 should be calculated without regard to the worker’s overall recovery on appeal, and should not exclude fees for work done on unsuccessful claims. We agree, and hold that attorney fees awarded under RCW 51.52.130 should not be limited by the worker’s degree of success. However, we agree with the Court of Appeals’ conclusion that the trial court failed to…