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SIMPSON TIMBER v. SMITH

No. 6378-6-II.

37 Wn. App. 796 (1984)

682 P.2d 969

SIMPSON TIMBER COMPANY, Appellant, v. SHAUN D. SMITH, Respondent.

The Court of Appeals of Washington, Division Two.

June 12, 1984.

Attorney(s) appearing for the Case

David H. Oswald, for appellant.

Avelin P. Tacon III, for respondent.

WORSWICK, J.

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...

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