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HERNANDEZ v. DEPT. OF LABOR AND INDUSTRIES

No. 19130-3-III.

26 P.3d 977 (2001)

107 Wash.App. 190

Leticia HERNANDEZ, Injured Worker, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES and Broetje Orchards, Respondents.

Court of Appeals of Washington, Division 3, Panel One.

July 12, 2001.

Attorney(s) appearing for the Case

Charles H. Barr, Richland, for Appellant.

Steven R. Reinisch, Jerald P. Keene, Reinisch, MacKenzie, Healty, Wilson & Clark, Portland, OR, for Respondents.

SWEENEY J.

An appeal from a decision of the Board of Industrial Insurance Appeals is perfected by filing a notice of appeal with the clerk of the court and by serving a copy of that notice on the Department of Labor and Industries and the Board. RCW 51.52.110. Here, Leticia Hernandez timely filed an appeal from an adverse decision of the Board but then failed to serve the Board with notice of the appeal until after a motion to dismiss for lack of jurisdiction. Substantial...

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