(a)In any administrative or court proceeding which is
brought by or against an employer or prior employer in
connection with a claim under W.S. 19-11-104 or 19-11-111, the
prevailing member may be awarded a judgment or a settlement
against an employer or prior employer for:
(i)Reasonable administrative costs incurred in
connection with such administrative proceeding within the
employer; and
(ii)Reasonable litigation costs incurred in
connection with such administrative proceeding within the
employer or prior employer.
(b)A judgment for reasonable litigation costs shall not
be awarded under subsection (a) of this section in any court
proceeding unless the court determines that the prevailing party
has exhausted the administrative remedies available to such
party within the employer or p
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(a) In any administrative or court proceeding which is
brought by or against an employer or prior employer in
connection with a claim under W.S. 19-11-104 or 19-11-111, the
prevailing member may be awarded a judgment or a settlement
against an employer or prior employer for:
(i) Reasonable administrative costs incurred in
connection with such administrative proceeding within the
employer; and
(ii) Reasonable litigation costs incurred in
connection with such administrative proceeding within the
employer or prior employer.
(b) A judgment for reasonable litigation costs shall not
be awarded under subsection (a) of this section in any court
proceeding unless the court determines that the prevailing party
has exhausted the administrative remedies available to such
party within the employer or prior employer.
(c) An award under subsection (a) of this section shall be
made only for reasonable litigation and administrative costs
which are allocable to the employer or prior employer and not to
any other party.
(d) No award for reasonable litigation and administrative
costs may be made under subsection (a) of this section with
respect to any portion of the administrative or court proceeding
during which the prevailing party has unreasonably protracted
such proceeding.
(e) For purposes of this section:
(i) "Administrative proceeding" means any
administrative procedure or other action before the employer or
former employer;
(ii) "Court proceedings" means any civil action
brought in a court within the state of Wyoming;
(iii) "Position of the employer or former employer"
means the position taken by the employer or former employer in
an administrative or judicial proceeding;
(iv) "Prevailing party" means any current or former
member of the uniformed services in any proceeding to which
subsection (a) of this section applies who establishes that the
position of the employer or former employer in the proceeding
was not substantially justified, and:
(A) Has substantially prevailed with respect to
the action in controversy; or
(B) Has substantially prevailed with respect to
the most significant issue or sets of issues presented.
(v) "Reasonable administrative costs" means any
administrative fees or similar charges imposed by the employer
or former employer and expenses, costs and fees described as
reasonable litigation costs identified in paragraph (vi) of this
subsection;
(vi) "Reasonable litigation costs" includes
reasonable court costs and, based on prevailing market rates for
the kind or quality of services furnished:
(A) The reasonable expenses of expert witnesses
in connection with a court proceeding, except that no expert
witness shall be compensated at a rate in excess of the highest
rate of compensation for expert witnesses paid by the employer
or prior employer if the employer or prior employer utilized
expert witnesses;
(B) The reasonable cost of any study, analysis,
report or project which is found by the court to be necessary
for the preparation of the party’s case; and
(C) Reasonable attorney's fees, except that such
fees shall not be in excess of seventy-five dollars ($75.00) per
hour unless the court determines that an increase in the cost of
living or a special factor, such as limited availability of
qualified attorneys for such proceeding, justifies a higher
rate.
(f) An award for reasonable litigation costs shall be
payable under this section in the same manner as such an award
by a district court.
(g) For purposes of this section, in the case of multiple
actions which could have been joined or consolidated, such
actions shall be treated as one (1) court proceeding regardless
of whether such joinder or consolidation actually occurs, unless
the court in which such action is brought determines, in its
discretion, that it would be inappropriate to treat such actions
or cases as joined or consolidated.
(h) An order granting or denying, in whole or part, an
award for reasonable litigation or administrative costs under
subsection (a) of this section in a court proceeding may be
incorporated as part of the decision or judgment in the court
proceeding and shall be subject to appeal in the same manner as
the decision or judgment. A decision granting or denying, in
whole or in part, an award for reasonable administrative costs
under subsection (a) of this section in an administrative
proceeding by the employer or former employer shall be subject
to appeal by bringing the cause of action to the district court.