Smart, Connell & Childers acquires victory after victory in court and after court. Here is but a glimpse at what Smart, Connell, & Childers has been able to accomplish in the past years.
Dobbins v. Commonwealth Aluminum, 54 Wn. App. 788, 776 P.2d 139 (1989)
Mr. Smart successfully argues that only medical testimony that falls within the expert witness' scope of licensure is admissible in a court of law
Simmerman v. U-Haul Co., 57 Wn. App.682, 789 P.2d 763 (1990)
Mr. Smart successfully argues that contracting party's subjective understanding, unsupported by any writing or objective verbal manifestations, is not sufficient to establish a provision of a contract.
Miles R. Ulrich, Docket No. 93 1363 (1994)
Mr. Smart successfully challenged the manner in which an agreed examination was conducted by the Board of Industrial Appeals. Further benefits were obtained for his client by arguing that additional hearings to clarify the medical issues needed to be held.
Julie A. Trusley, Docket No. 93 3124 (1994)
Mr. Smart limited the parking exclusion for injured workers by successfully arguing that an injury which occurred in a parking lot was covered because of the nature of the work being performed by his client.
Delagrave v. Employment Sec., 127 Wn. App. 596, 111 P.3d 879 (2005)
Mr. Smart and Mr. Childers successfully argued that "equity and good conscience" applies to a case in which an injured worker is disqualified from receiving simultaneous time loss benefits and unemployment compensation. This decision requires the Employment Security Department to reduce overpayments to injured workers which otherwise would occur as a result of receipt of both time loss benefits and unemployment benefits at the same time.
Jose N. Sanchez, Dec'd, Docket No. 01 19644 & 0119645
This case represents a fairly complicated legal issue. Our firm was partially successful in this appeal. Mr. Smart successfully challenged the Department's positions relative to the first instance rule and obtained additional benefits for pensioners who previously received permanent partial disability awards.
