[Download] "Smith v. Department of Labor and Industries" by Division One No. 4858-1 Court of Appeals of Washington # eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Department of Labor and Industries
- Author : Division One No. 4858-1 Court of Appeals of Washington
- Release Date : January 26, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[23 WashApp Page 517] On June 30, 1975, the Board of Industrial Insurance Appeals entered a written decision affirming a prior order of the supervisor of the Department of Labor and Industries, which denied the claim of Charlyn A. Smith, widow of John Edwin Smith. A notice of appeal from this decision was filed in the Superior Court on July 28, 1975. A copy of the notice of appeal was delivered to the Attorney General of the State of Washington and to the attorney for the employer on July 29, 1975. Thereafter, the Attorney General's Office filed a notice of appearance on behalf of the Department of Labor and Industries on August 4, 1975. Almost 9 months later, on April 28, 1976, the Smiths' attorney placed in the United States mail, postage prepaid, a copy of the notice of appeal addressed to the director of the Department of Labor and Industries and one copy addressed to the Board of Industrial Insurance Appeals. On April 29, 1976, the Department of Labor and Industries filed a motion to dismiss on the ground that the Superior Court was without jurisdiction because Smith had failed to serve the director of the Department of Labor and Industries and the Industrial Insurance Appeals Board within 30 days of the decision. The trial court agreed with the department and granted the motion to dismiss.