This section modifies existing section 51.52.130. Here is the modified chapter for context.
(a) The department will pay a worker's or beneficiary's attorneys' fees, fees of medical and other witnesses, and other statutory costs out of the department's administrative fund when the worker or beneficiary appeals a decision of the board, and the court reverses or modifies the board's order and grants additional relief.
The employer or retrospective rating group will pay a worker's or beneficiary's attorneys' fees, fees of medical and other witnesses, and other statutory costs when the employer or retrospective rating group appeals a decision of the board, and the court sustains in full or in part the worker's or beneficiary's right to relief.
In fixing the worker's or beneficiary's attorney fees under (a) and (b) of this subsection, the court will take into consideration the fees fixed for such attorney's services before the department and the board. If the court finds the fees inadequate for services performed , or if the director or the board fixed no fee , then the court will fix a fee for the attorney's services before the department, or the board, as the case may be, in addition to the fees fixed for the services in the court.
The department will pay a state fund employer's attorneys' fees out of the department's administrative fund when the employer has 25 employees or less and when a worker appeals the board decision, and the department does not appear and defend, and the board order in favor of the employer is sustained.
In the case of self-insured employers, the attorney fees fixed by the court, for services before the court only, and the fees of medical and other witnesses and the costs shall be payable directly by the self-insured employer.
In an appeal to the superior or appellate court involving the presumption established under RCW 51.32.185 or 51.32.187, the attorney's fee shall be payable as set forth under RCW 51.32.185 or 51.32.187.