Wyo. Code R. 270-0001-5
General Agency, Board or Commission Rules
Chapter 5: Special Rules Relating to Workers' Compensation
Effective Date: 11/18/2002 to 05/07/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 270.0001.5.11182002
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 1 through 4. 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 Division of Workers' Safety and Compensation, with true and complete copies of the particular document, pleading or motion properly served on all other parties or their attorneys, and this Office. WYO. STAT. ANN. §§ 27-14-601(n) and 27-14-602.
(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 fees shall be in detail showing time spent and work performed and shall be verified. Attorney's fees allowed by the presiding officer shall be at an hourly rate of ninety dollars ($90.00) per hour. Paralegal fees allowed by the presiding officer shall be at an hourly rate not to exceed thirty dollars ($30.00) per hour. Appointed attorneys shall be reimbursed for actual expenses reasonably incurred (e.g. deposition costs, expert witness fees, costs to obtain pertinent medical records, subpoena costs, postage and fax charges). If found compensable, copying costs shall be paid at no more than ten cents (10¢) per copy. If found to be reasonably incurred, attorneys' travel time shall be paid at one-half the hourly rate for attorney's fees or forty-five dollars ($45.00) per hour. All requests for fees and costs shall be submitted within ninety (90) days of the final order unless good cause is otherwise shown.
(b) Requests for fees and expenses of appointed attorneys shall include the attorney's certification that he has reviewed the fee statement and that it is true and correct. The request shall additionally indicate the source (that is, from the worker's compensation account, from amounts awarded to the employee or claimants, or from the employer) from which the fees and expenses have been proposed to be ordered paid. 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 WYO. STAT. ANN. § 16-3-107(p). The cost of reporting the contested case evidentiary hearing shall be paid in accordance with WYO. STAT. ANN. § 27-14-602(c).
(a) Upon agreement of all the parties to a case, the presiding officer may refer a medically contested case to the Medical Commission for hearing and final decision of all issues in the case.
(b) Upon agreement of all the parties to a case, the presiding officer may refer a case to the Medical Commission for advice on specified medical issues. The Office will make the final decision on all issues in the case and referrals for advice will be made only after the evidence in the case is closed. The parties shall have an opportunity to file written exceptions to the advice received from the Medical Commission and any exceptions, along with the advice received, shall become part of the record in the case.