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BOEING CO. v. LEE

No. 45286-0-I.

8 P.3d 1064 (2000)

The BOEING COMPANY, Respondent, v. Loren LEE, Appellant, and The Department of Labor and Industries of the State of Washington, Defendant.

Court of Appeals of Washington, Division 1.

As Corrected October 9, 2000.

Attorney(s) appearing for the Case

Mary Lynn Daniel, Seattle, for Appellant.

Gilbert M. Stratton & Janel Smith, Seattle, for Respondent.

PER CURIAM.

This case requires us to decide whether RCW 51.52.130, the Industrial Insurance Act provision authorizing attorney fees on appeal from a worker's compensation case when "a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained," authorizes fees when an employer voluntarily dismisses the appeal on the first day of trial. We hold that it does.

FACTS

Loren Lee, a retired...

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