Wyoming Administrative Code
Agency 053 - Workforce Services, Department of
Sub-Agency 0019 - Workers' Compensation - Medical Commission
Chapter 6 - SELECTION OF HEARING PANELS
Section 6-3 - APPOINTED ATTORNEY
Current through September 21, 2024
(a) Upon request, the presiding officer may appoint an attorney to represent an employee under W.S. § 27-14-602(d) 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. Pursuant to Painter v. State ex rel., Wyoming Workers' Compensation Division, 931 P.2d 953 (Wyo. 1997), attorneys' fees and costs are payable from the date of the Final Determination letter from the division. Fees allowed by the presiding officer shall be at an hourly rate set by the director of the Office of Administrative Hearings pursuant to 27-14-602(d). Appointed attorneys shall be reimbursed for costs necessarily and reasonably incurred as set forth by the Office of Administrative Hearings.
(b) 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.
(c) Applications for attorneys' fees shall be submitted within ninety (90) days of the entry of a final order.
(d) Objections to attorneys' fees by any party shall be filed as a motion for reconsideration of attorneys' fees and must be in writing and filed within ten (10) days of the executive secretary's order awarding attorney's fees.