KUSTURA v. DEPARTMENT OF LABOR AND INDUSTRIES

Nos. 57445-1-I, 57446-9-I, 57447-7-I.

175 P.3d 1117 (2008)

Hajrudin KUSTURA, Gordana Lukic, and Maida Memisevic, Appellants, v. DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

January 22, 2008.


Attorney(s) appearing for the Case

Ann Pearl Owen, Ann Pearl Owen PS, Seattle, WA, Johnna Skyles Craig, Spencer Walter Daniels, Office of The Attorney General, Olympia, WA, for Appellants.

John R. Wasberg, Office of The Atty. Gen., Masako Kanazawa, Attorney at Law, Seattle, WA, for Respondent.

Johnna Skyles Craig, Office of The Attorney General, Olympia, WA, John R. Wasberg, Office of The Atty. Gen., Masako Kanazawa, Attorney at Law, Seattle, WA, for Appellant/Cross-Respondent.

Ann Pearl Owen, Ann Pearl Owen PS, Seattle, WA, for Respondent/Cross-Appellant.

Johnna Skyles Craig, Spencer Walter Daniels, Office of The Attorney General, Olympia, WA, for Respondent Intervenor.

Kelby Dahmer Fletcher, Peterson Young Putra Et Al, Seattle, WA, Michael J. Pontarolo, Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, for Amicus Curiae on behalf of Washington State Trial Lawyers Assoc.

Kelly Ann Owen, Northwest Justice Project, Bellingham, WA, Katherine Frances Laner, Northwest Justice Project, Seattle, WA, Patrick Michael Pleas, Northwest Justice Project, Wenatchee, WA, for Amicus Curiae on behalf of Northwest Justice Project.

Christie Lynn Snyder, Pamela Jo Devet, Gordon Tilden Thomas & Cordell LLP, Aaron Hugh Caplan, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of ACLU.

Bryan Patrick Harnetiaux, Michael J. Pontarolo, Attorney at Law, Spokane, WA, for Amicus Curiae on behalf of Washington State Trial Lawyers Assn. Foundation.

Paula Tuckfield Olson, Burgess Fitzer PS, Tacoma, WA, for-Amicus Curiae on behalf of Washington Self-Insurers Association.


AGID, J.

¶ 1 Three injured workers of limited English proficiency (LEP) appeal a superior court order affirming orders of the Board of Industrial Insurance Appeals (the Board). The superior court concluded: (1) two of the workers' failure to appeal orders from the Department of Labor and Industries (the Department) determining their wages for the time-loss compensation rate prevented appellate review of those wage calculations...

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