Ivey v. Department of Labor and Industries, 27600.
Decision Date | 17 May 1940 |
Docket Number | 27600. |
Citation | 102 P.2d 683,4 Wn.2d 162 |
Parties | IVEY v. DEPARTMENT OF LABOR AND INDUSTRIES. |
Court | Washington Supreme Court |
Department 1.
Proceeding under the Workmen's Compensation Act by Doyle Ivey opposed by the Department of Labor and Industries of the State of Washington. From a judgment directing the department to reopen the case, the department appeals.
Reversed and cause dismissed.
Appeal from Superior Court, Grays Harbor County; Wm. E. Campbell judge.
Ray W. DeKraay, of Aberdeen, for appellant.
G. W. Hamilton, Atty. Gen., and J. A. Kavaney and T. H. Little, both of Olympia, for respondent.
The Department of Labor and Industries appeals from a judgment of the superior court of Grays Harbor county. Omitting the introductory recital, the judgment reads as follows:
Furthermore, the appellate jurisdiction of the superior courts in such cases is very limited. They are given the power to review, and that only, and, in exercising that limited power, they are further restricted by the following provision in the procedural section of the Workmen's Compensation Act, Rem.Rev.Stat. § 7697: '* * * In all court proceedings under or pursuant to this act the decision of the department shall be prima facie correct and the burden of proof shall be upon the party attacking the same. * * *'
If the superior courts had been granted general jurisdiction to find and determine the facts in such cases, they would probably have the implied power to remand to the department for further inquiry; but their jurisdiction is limited by the statute to reviewing the evidence already taken, and, in so doing, they must accept the determination of the department as prima facie correct, and only to be set aside if the burden of proof has been met by the party attacking it; in this case, the claimant. The narrow role thus assigned to the superior courts is not even enlarged if wholly new evidence is discovered. Gross v. Department of Labor & Industries, 177 Wash. 675, 33 P.2d 376.
It is clear from recitals in the court's...
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Henry Broderick, Inc. v. Riley, 29431.
... ... proceeding was instituted by the department of unemployment ... compensation and placement ... Practically ... all of the labor necessarily performed in consulting ... prospects, ... Department of ... Labor & Industries, 189 Wash. 616, 66 P.2d 314, and ... Ivey v ... ...
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McLaren v. Department of Labor and Industries
... ... produced by the party attacking the finding preponderates in ... any degree, then the finding should be set aside. In Ivey ... v. Dept. of Labor and Industries, Wash., 102 P.2d 683, ... 684, a case decided since the trial judge rendered his ... ...
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Dick v. Department of Labor and Industries
... ... preponderates [24 Wn.2d 430] in any degree, then the ... finding should be set aside. In Ivey v. Department of ... Labor & Industries, 4 Wash.2d 162, 102 P.2d 683, a ... case decided since the trial judge rendered his ... ...
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Olympia Brewing Co. v. Department of Labor and Industries of State
... ... Before the joint board ... We are ... aware of the statement in Ivey v. Department of Labor and ... Industries, 4 Wash.2d 162, 102 P.2d 683, 684, that ... 'The court could not remand the case for the taking ... ...
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Table of Cases
...Wn.2d 733, 375 P.2d 509 (1962): 11.4(3) Ives v. Ramsden, 142 Wn. App. 369, 174 P.3d 1231 (2008): 11.4(2) Ivey v. Dep't of Labor & Indus., 4 Wn.2d 162, 102 P.2d 683 (1940): 21.12(3) J________________________________________ Jackson, In re Disciplinary Proceeding Against, 180 Wn.2d 201, 322 P......
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§ 21.12 Remedies in Judicial Review Proceedings
...authority under Title 51 RCW to remand to the board to allow that party to meets its burden of proof. Ivey v. Dep't of Labor & Indus., 4 Wn.2d 162, 164, 102 P.2d 683 (4) Remedies in implied consent appeals In an implied consent appeal, the court has authority to affirm, reverse, or modify t......