Wyo. Code R. 270-0001-5
General Agency, Board or Commission Rules
Chapter 5: Special Rules Relating to Workers' Compensation
Effective Date: 04/22/1993 to 12/15/1994
Rule Type: Superceded Rules & Regulations
Reference Number: 270.0001.5.04221993
adminhear/general/05_Special_Rules_Relating_to_Workers'_Compensation
Agency ADMINHEAR
Program GENERAL General Agency, Board or Commission Rules
Chapter Name Special Rules Relating to Workers' Compensation Chapter No.5
Date Filed 04/22/93
Expr Date
Supr Date
Repeal
Date
Document Type RULES
Section 1. General Construction. These special rules relating to workers' compensation contested case proceedings before the Office, are intended to supplement the foregoing provisions of Chapters I through IV. To the extent that any difference exists, the special rule takes precedence over any foregoing provision.
Section 2. Filing and Service of Papers. In all workers' compensation contested cases, the parties shall file all original documents, pleadings and motions with the Clerk of the District Court maintaining the official case file, with true and complete copies of the particular document, pleading or motion properly served on all other parties or their attorneys, the Office and the Wyoming Workers' Compensation Division. Sections 27-14-601(n) and 607, W.S. 1986, as amended 1989.
(a) The presiding officer may appoint an attorney to represent an employee or claimant and allow a reasonable fee upon entry of a final order. All requests for attorney fees shall be in detail showing time spent and work performed and shall be verified. Fees allowed by the presiding officer shall be at an hourly rate of fifty dollars ($50.00) per hour. Appointed attorneys shall be reimbursed for actual expenses (e.g. deposition costs, expert witness fees, costs to obtain pertinent medical records, subpoena costs). Except for good cause shown, attorneys' travel time to the contested case hearing shall not be reimbursed.
(b) Requests for fees and expenses of appointed attorneys shall indicate the source (that is, the employer's account, the employer or employee) from which the fees and expenses have been proposed to be ordered paid and such requests shall be properly served on all parties or their attorneys.
(c) No fee shall be awarded in any case in which the presiding officer determines the claim to be frivolous and without legal or factual justification.
Section 4. Record of Proceedings. The presiding officer shall assure that a record of the proceeding is kept pursuant to Section 16-3-107(p), W.S. 1982, as amended 1983. The cost of reporting the contested case evidentiary hearing shall be paid in accordance with Section 27-14-602(c), W.S. 1986, as amended.