Donald W. Wright, Appellant V. Dept. Of L & I, State Of Washington, Respondent

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
DONALD W. WRIGHT, No. 48829-9-II
Appellant, (consolidated with)
No. 48882-5-II
v.
WASHINGTON STATE DEPARTMENT
OF LABOR AND INDUSTRIES, UNPUBLISHED OPINION
Respondent.
WORSWICK, P.J. — Donald Wright appeals the trial court’s February 8, 2016 order denying
notice of appeal, which denied, as untimely filed, his notice of appeal from the Department of
Labor and Industries’ November 23, 2015 decision and order. The Department concedes that there
were significant delays between when the Department issued its decision and when Wright
received it, and between when Wright mailed his notice of appeal and when the trial court received
it, both caused by the prison mail system. It therefore concedes that Wright’s notice of appeal was
timely filed, and asks that the appeal be remanded to the trial court.
We accept the concession. The trial court’s order denying notice of appeal is reversed and
Wright’s appeal is remanded to the trial court for further proceedings.
Filed
Washington State
Court of Appeals
Division Two
December 20, 2016

No. 48829-9-II
Cons. with No. 48882-5-II
2
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Worswick, P.J.
We concur:
Lee, J.
Sutton, J.