[DOWNLOAD] "Homemakers Upjohn V. Russell" by Division Two Court of Appeals of Washington " Book PDF Kindle ePub Free
eBook details
- Title: Homemakers Upjohn V. Russell
- Author : Division Two Court of Appeals of Washington
- Release Date : January 28, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Homemakers Upjohn, employer of respondent, Sharon Russell, appeals the Superior Court's order of dismissal for lack of jurisdiction of its appeal from the Board of Industrial Insurance Appeals (Board) order finding an industrial injury. The issue presented is whether an employer, who neglects to petition the Board for review of a hearing examiner's reversal of the Department of Labor and Industries (Department) denial of employee benefits, is entitled to seek judicial review of the Board's decision, based on matters raised by the Department's petition for review, where the Department is precluded from appealing because the issues raised in its petition are purely factual. Although an appeal by any party to superior court may lie when there has been a petition for review of the hearing examiner's proposed decision, only those matters not waived may be reviewed. Since here the failure by the employer to file a petition for review of the hearing examiner's proposed order amounts to a waiver of all errors now sought to be reviewed, there is nothing for the court to review and the lower court's dismissal is affirmed.
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