RCW 51.52.115
Court appeal—Procedure at trial—Burden of proof.
Upon appeals to the superior court only such issues of law or fact may be raised as were properly included in the notice of appeal to the board, or in the complete record of the proceedings before the board. The hearing in the superior court shall be de novo, but the court shall not receive evidence or testimony other than, or in addition to, that offered before the board or included in the record filed by the board in the superior court as provided in RCW 51.52.110: PROVIDED, That in cases of alleged irregularities in procedure before the board, not shown in said record, testimony thereon may be taken in the superior court. The proceedings in every such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. In all court proceedings under or pursuant to this title the findings and decision of the board shall be prima facie correct and the burden of proof shall be upon the party attacking the same. If the court shall determine that the board has acted within its power and has correctly construed the law and found the facts, the decision of the board shall be confirmed; otherwise, it shall be reversed or modified. In case of a modification or reversal the superior court shall refer the same to the department with an order directing it to proceed in accordance with the findings of the court: PROVIDED, That any award shall be in accordance with the schedule of compensation set forth in this title. In appeals to the superior court hereunder, either party shall be entitled to a trial by jury upon demand, and the jury's verdict shall have the same force and effect as in actions at law. Where the court submits a case to the jury, the court shall by instruction advise the jury of the exact findings of the board on each material issue before the court.
[ 1961 c 23 § 51.52.115. Prior: 1957 c 70 § 62; 1951 c 225 § 15; prior: (i) 1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp. 1949 § 7697, part. (ii) 1949 c 219 § 6; 1939 c 184 § 1; Rem. Supp. 1949 § 7697-2.]
Structure Revised Code of Washington
Title 51 - Industrial Insurance
51.52.010 - Board of industrial insurance appeals.
51.52.020 - Board—Rule-making power.
51.52.040 - Board—Removal of member.
51.52.060 - Notice of appeal—Time—Cross-appeal—Departmental options.
51.52.063 - After notice of appeal—Contact with medical providers restricted—Rules.
51.52.070 - Contents of notice—Transmittal of record.
51.52.080 - Appeal to board denied, when.
51.52.090 - Appeal to board deemed granted, when.
51.52.095 - Conference for disposal of matters involved in appeal—Mediation of disputes.
51.52.100 - Proceedings before board—Contempt.
51.52.102 - Hearing the appeal—Dismissal—Evidence—Continuances.
51.52.106 - Review of decision and order.
51.52.110 - Court appeal—Taking the appeal.
51.52.112 - Court appeal—Payment of taxes, penalties, and interest required.
51.52.113 - Collection of tax or penalty may not be enjoined.
51.52.115 - Court appeal—Procedure at trial—Burden of proof.
51.52.120 - Attorney's fee before department or board—Unlawful attorneys' fees.
51.52.130 - Attorney and witness fees in court appeal.
51.52.132 - Unlawful attorney's fees.
51.52.135 - Worker or beneficiary entitled to interest on award—Rate.
51.52.140 - Rules of practice—Duties of attorney general—Supreme court appeal.
51.52.160 - Publication and indexing of significant decisions.