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LOWRY v. INDUSTRIAL INS. APPEALS

No. 49659-5.

102 Wn.2d 58 (1984)

684 P.2d 678

THOMAS LOWRY, Appellant, v. THE BOARD OF INDUSTRIAL INSURANCE APPEALS, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

June 21, 1984.

Attorney(s) appearing for the Case

Don W. Taylor (of Fristoe, Taylor & Schultz, Ltd., P.S.), for appellant.

Kenneth O. Eikenberry, Attorney General, and Kathleen D. Spong, Assistant, for respondents.

M. Lee Price on behalf of the Washington State Labor Council, Association of Washington Business, and Washington Self-Insurers Association, amicus curiae for respondents.

UTTER, J.

Can a state industrial appeals judge be held insubordinate for failing to follow the directive of his superior, the Board of Industrial Insurance Appeals, when his refusal is based upon a reasonable belief that compliance with the directive will cause him to further an illegal practice? We hold that he cannot. The industrial appeals judge's belief was reasonable in this case because the Board's legal adviser, the Attorney General, had previously indicated...

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