Wash. Rev. Code § 51.52.130
Attorney and witness fees in court appeal
Find cases:
SyfertCases citing this section
WA-LEGapp.leg.wa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
(1) If, on appeal to the superior or appellate court from the decision and order of the board, said decision and order is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained, a reasonable fee for the services of the worker's or beneficiary's attorney shall be fixed by the court. In fixing the fee the court shall take into consideration the fee or fees, if any, fixed by the director and the board for such attorney's services before the department and the board. If the court finds that the fee fixed by the director or by the board is inadequate for services performed before the department or board, or if the director or the board has fixed no fee for such services, then the court shall fix a fee for the attorney's services before the department, or the board, as the case may be, in addition to the fee fixed for the services in the court. If in a worker or beneficiary appeal the decision and order of the board is reversed or modified and if the accident fund or medical aid fund is affected by the litigation, or if in an appeal by the department or employer the worker or beneficiary's right to relief is sustained, or in an appeal by a worker involving a state fund employer with twenty-five employees or less, in which the department does not appear and defend, and the board order in favor of the employer is sustained, the attorney's fee fixed by the court, for services before the court only, and the fees of medical and other witnesses and the costs shall be payable out of the administrative fund of the department. In the case of self-insured employers, the attorney fees fixed by the court, for services before the court only, and the fees of medical and other witnesses and the costs shall be payable directly by the self-insured employer.
[ 2007 c 490 s 4; 1993 c 122 s 1; 1982 c 63 s 23; 1977 ex.s. c 350 s 82; 1961 c 23 s 51.52.130. Prior: 1957 c 70 s 63; 1951 c 225 s 17; prior: 1949 c 219 s 6, part; 1943 c 280 s 1, part; 1931 c 90 s 1, part; 1929 c 132 s 6, part; 1927 c 310 s 8, part; 1911 c 74 s 20, part; Rem. Supp. 1949 s 7697, part.]
Notes:
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Notes of Decisions
Cited in 270
cases (35 in the last 5 years), 1956–2026 · leading case: Brand v. Department of Labor & Industries
Brand v. Department of Labor & Industries (1999)
“Brand argues that an award of attorney fees under RCW 51.52.130 should be calculated without regard to the worker’s overall recovery on appeal, and should not exclude fees for work done on unsuccessful claims.”
Brand v. DEPT. OF LABOR & INDUSTRIES (1999)
“Brand argues that an award of attorney fees under RCW 51.52.130 should be calculated without regard to the worker's overall recovery on appeal, and should not exclude fees for work done on unsuccessful claims.”
Johnson v. Tradewell Stores, Inc. (1981)
“The Court of Appeals, Division One, reduced the amount of the award, but sustained the allowance of attorney and medical witness fees to be paid from the Department's administrative fund on the basis of RCW 51.52.130. Plaintiff Elizabeth Maxwell sustained an industrial injury…”
Flanigan v. Department of Labor & Industries (1994)
“Whether attorney fees are to be awarded in these cases is governed by RCW 51.52.130. See Carnation Co. v. Hill, 115 Wn.”
CARNATION COMPANY, INC. v. Hill (1990)
“The pertinent part of RCW 51.52.130 reads as follows: If the decision and order of the board is reversed or modified and if the accident fund is affected by the litigation then the attorney's fee fixed by the court for services before the court only, and the fees of medical and…”
Johnson v. Tradewell Stores, Inc. (1979)
“Did the trial court err in granting Johnson attorney's fees and medical witness fees pursuant to RCW 51.52.130? *55 FACTS On May 14, 1973, Johnson sustained a back injury while working for Tradewell, a self-insurer employer.”
Boeing Co. v. Heidy (2002)
“The plain language of RCW 51.52.130 answers Boeing’s first contention: “[I]n cases where a party other than the worker or beneficiary is the appealing party and the worker’s or beneficiary’s right to relief is sustained, a reasonable fee for the services of the worker’s or…”
Felipe v. Department of Labor & Industries (2016)
“¶33 Felipe requests an attorney fee award if this court remands and he is successful below, citing RCW 51.52.130. That statute requires an award of attorney fees to a worker where a “decision and order is reversed or modified and additional relief is granted.”
Watson v. Department of Labor and Industries (2006)
“Attorney Fees ¶ 34 Both the Department and Watson agree that Watson should be awarded reasonable attorney fees under RCW 51.52.130. The first sentence of that statute authorizes attorney fees if the Department's order is reversed, modified, or additional relief is granted.”
Boeing Co. v. Heidy (2002)
“The plain language of RCW 51.52.130 answers Boeing's first contention: "[I]n cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained, a reasonable fee for the services of the worker's or…”
Tobin v. Department of Labor & Industries (2010)
“1 and RCW 51.52.130 for the appeal in this court.”
Tobin v. Department of Labor & Industries (2010)
“1 and RCW 51.52.130 for the appeal in this court.”
— Wash. Rev. Code § 51.52.130(1) — 66 cases
Felipe v. Department of Labor & Industries (2016)
“¶33 Felipe requests an attorney fee award if this court remands and he is successful below, citing RCW 51.52.130. That statute requires an award of attorney fees to a worker where a “decision and order is reversed or modified and additional relief is granted.”
Guillen v. Contreras (2010)
Guillen v. Contreras (2010)
— Wash. Rev. Code § 51.52.130(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.