Harrington V. Department Of Labor And Industries

STEINERT, J. -- Jim Harrington, a workman, filed with the department of labor and industries a claim for compensation for an injury sustained by him while engaged in extrahazardous employment. The supervisor of industrial insurance rejected the claim upon the ground that the workman had previously been adjudged totally and permanently disabled by reason of a former injury, and had been awarded a monthly pension for the remainder of his life. Upon a rehearing, the joint board of the department entered an order reversing the action of the supervisor, and directing that the claim be allowed. The employer of the workman thereupon appealed, from that order, to the superior court. Upon a trial, without a jury, the court entered judgment affirming the order of the joint board, and, in addition, allowing the workman an attorney's fee against the employer. From that judgment, the employer appealed to this court.