Wyo. Code R. 270-0001-5
General Agency, Board or Commission Rules
Chapter 5: Special Rules Relating to Workers' Comp
Effective Date: 12/15/1994 to 03/07/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 270.0001.5.12151994
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 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' Safety and 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 sixty dollars ($60.00) 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). 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 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, the employer's account, the employer or employee) 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 Section 16-3-107(p), W.S. 1982, as amended. 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.
(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.