Deaconess Hospital v. Hoye

[30 WashApp Page 537] In 1977, Judith Hoye sustained an industrial injury while working for Deaconess Hospital, a self-insured employer. Deaconess rejected her claim, as did the Department of Labor and Industries. Represented by private counsel, she appealed to the Board of Industrial Insurance Appeals which reversed the Department and allowed her claim. Deaconess appealed to the Superior Court. After a jury trial, the court affirmed the Board and awarded Hoye fees for her private attorney, as well as witness fees, to be paid out of the administrative fund of the Department. Deaconess Hospital appeals the award of attorney's fees and witness fees to this court. We believe this case is controlled by the disposition and rationale of our court in Johnson v. Tradewell Stores, Inc., 95 Wash. 2d 739, 630 P.2d 441 (1981).