AGO 1949-51 No. 170.

• Case Date: November 30, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 170. November 30, 1949[Orig. Op. Page 1]PRIVATEINDUSTRIAL INSURANCE - APPEAL COSTS.Department of Labor & Industries (not new Board of Industrial Insurance Appeals) liable for all costs in connection with industrial insurance appeals.Honorable A. M. Johnson Director, Department of Labor and Industries Olympia, WashingtonCite as: AGO 1949-51 No. 170Dear Sir: You have requested our opinion on the following question: Does the enactment of chapter 219, Laws of 1949, divesting the Joint Board of the Department of Labor and Industries of its powers of review in industrial insurance claims, and creating a Board of Industrial Insurance Appeals, providing for its organization, defining its powers and duties, and appropriating: "* * * the sum of one hundred fifty thousand dollars ($150,000) from the Accident Fund and the sum of one hundred fifty thousand dollars ($150,000) from the Medical Aid Fund, or so much thereof as may be necessary, for the purposes herein stated." transfer the obligation of appeal costs from the Department of Labor and Industries to the new Appeal Board? Our conclusions may be summarized as follows: Liability for appeal costs was not transferred to the Board of Industrial Insurance Appeals. All costs incurred in connection with appeals arising from decisions of the Division of Industrial Insurance to the Board or to any court constitute a charge against the appropriation for "Appeal Costs." provided in chapter 242, Laws of 1949 (General Appropriations) to the Department of Labor and Industries. [Orig. Op. Page 2] ANALYSIS Prior to 1949, the Director of Labor and Industries, the Supervisor of Industrial Insurance and the Supervisor of Safety, acting together, constituted a Joint Board to review decisions of the Department. Their duties and powers with respect to reviewing industrial insurance claims were transferred to an independent appeal board designated as the Board of Industrial Insurance Appeals by § 5, chapter 219, Laws of 1949. The clear intendment of this legislation was to effectuate the purposes contemplated in the workmen's compensation act. Certain changes in the procedural methods for its administration and operation with respect to appealing claims are therein prescribed. After delegating to the Board of Industrial Insurance Appeals the power...