Young v. Department of Labor and Industries

Dennis J. Sweeney, Chief Judge

Author: Sweeney

Order GRANTING MOTION FOR RECONSIDERATION AND AMENDING OPINION

This court has considered Pauline Young's motion for reconsideration of our April 2, 1996 opinion.

IT IS ORDERED the motion for reconsideration is granted and the opinion shall be amended as follows: The paragraph on page 12 that begins "Ms. Young requests" is deleted in its entirety and the following paragraph is inserted in its place:

Ms. Young requests attorney fees for defending this appeal. The award of attorney fees in a workers' compensation case is controlled by RCW 51.52.130. Flanigan v. Department of Labor & Indus., 123 Wash. 2d 418, 427, 869 P.2d 14 (1994); Carnation Co. v. Hill, 115 Wash. 2d 184, 187, 796 P.2d 416 (1990). Attorney fees are awarded to the worker whose appeal to the superior or appellate court results in a reversal or modification of the Board decision, as well as to the worker whose right to relief is sustained when the department or employer appeals.^*fn4 RCW 51.52.130. Accordingly, upon Ms. Young's compliance with RAP 18.1, our commissioner shall fix a reasonable fee for services before this court. RAP 18.1(f).

DATED this 8th day of May, 1996.

FOR THE COURT:

Dennis J. Sweeney

CHIEF JUDGE

Disposition

Motion for reconsideration is granted and the ...