§ 27-14-602 — Contested cases generally

Wyoming § 27-14-602

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 14: WORKER'S COMPENSATION
• Art. 6: CONTESTED CASES

Text

(a) A hearing examiner designated by the office of
administrative hearings created by W.S. 9-2-2201 shall conduct
contested cases under this act in accordance with this section.
(b) Upon receipt of a request for hearing from the
division as provided in W.S. 27-14-601(k)(v), the case shall be
determined by a hearing examiner in accordance with the law in
effect at the time of the injury as a small claims hearing or as
a contested case hearing subject to the following:
(i) A request for hearing shall be conducted as a
small claims hearing if the amount at issue is less than two
thousand dollars ($2,000.00), is not an issue of the
compensability of the injury pursuant to W.S. 27-14-601(a) and
the division requests the hearing be held as a small claims
hearing. The division shall provide notice that it seeks a small
claims hearing under this paragraph in the notice of request for
hearing filed pursuant to W.S. 27-14-601(k)(v). If the division
provides such notice, the hearing shall be a small claims
hearing unless a party to the hearing objects within fifteen
(15) days from the date of the notice of request, in which case
the hearing officer shall review the file and determine if a
small claims hearing is appropriate or if a contested case
hearing is necessary or appropriate. Each party to the hearing
may within thirty (30) days from the date of notice of request,
submit to the hearing examiner any written evidence and argument
on the issue. The hearing officer may require either party to
provide such documents, filings and evidence as the hearing
officer deems relevant to the issue. Copies of the material
submitted to the hearing examiner shall be mailed or delivered
to all opposing parties. In addition, each party may submit
rebuttal evidence and argument to the hearing examiner within
forty-five (45) days following the date of notice of request for
hearing. Upon request of any party to the hearing and at the
discretion of the hearing officer, any proceeding under this
paragraph may be conducted in person or by telephone. The
hearing examiner shall review the case and written submissions
and render a written decision not more than seventy-five (75)
days following referral of the request for hearing. No attorney
fees or other costs shall be allowed by the hearing examiner on
behalf of or for any party to a hearing under this paragraph.
In addition, the attorney general's office shall not represent
or directly assist the division in the preparation for a hearing
under this paragraph;
(ii) All other requests for hearing not specified
under paragraph (b)(i) of this section shall be conducted as a
contested case in accordance with procedures of the Wyoming
Administrative Procedure Act and the Wyoming Rules of Civil
Procedure as applicable under rules of the office of
administrative hearings. The hearing examiner designated by the
office of administrative hearings shall render a decision in a
contested case within thirty (30) days after the close of the
record. If the contested case is heard by the hearing panel
created pursuant to W.S. 27-14-616(b)(iv), the panel shall
render a decision within forty-five (45) days after the close of
the record;
(iii) Appeals may be taken from the decision rendered
in any small claims hearing or contested case hearing by any
affected party to the district court as provided by the Wyoming
Administrative Procedure Act;
(iv) Hearings under this section shall be held at a
location mutually convenient to the parties, as determined by
the hearing officer. If the injury occurs at a location outside
Wyoming, the hearing shall be held in the county in which the
employer’s principal place of business is located, unless the
hearing officer determines a different location is more
convenient to the parties;
(v) Any hearing conducted pursuant to this section
involving multiple sites may be conducted through audio or video
conferencing at the discretion of the hearing officer or hearing
panel.
(c) All written reports, claims and other documents filed
with the division shall be considered as pleadings in the case.
The attorney general's office shall represent the division in
all contested cases. The hearing examiner has exclusive
jurisdiction to make the final administrative determination of
the validity and amount of compensation payable under this act.
Except as otherwise specified in this subsection, all court
costs shall be paid from the worker's compensation account if
the judgment is in favor of the employer or the division. If
judgment is against the employer and the employer contested the
claim without being joined in the contest by the division, the
court costs shall be paid by the employer. When the employer or
division prevails, the court costs shall not affect the
employer's experience rating. If judgment is against a health
care provider, the court costs shall be paid by the health care
provider.
(d) Upon request, the hearing examiner may appoint an
attorney to represent the employee or claimants and may allow
the appointed attorney a reasonable fee for his services at the
conclusion of the proceeding. An appointed attorney shall be
paid according to the order of the hearing examiner either from
the worker's compensation account, from amounts awarded to the
employee or claimants or from the employer. In any contested
case where the issue is the compensability of an injury, a
prevailing employer's attorney fees shall also be paid according
to the order of the hearing examiner from the worker's
compensation account, not to affect the employer's experience
rating. An award of attorney's fees shall be for a reasonable
number of hours and shall not exceed the benefits at issue in
the contested case hearing. In all other cases if the employer
or division prevails, the attorney's fees allowed an employee's
attorney shall not affect the employer's experience rating.
Attorney fees allowed shall be at an hourly rate established by
the director of the office of administrative hearings and any
application for attorney's fees shall be supported by a verified
itemization of all services provided. No fee shall be awarded
in any case in which the hearing examiner determines the claim
or objection to be frivolous and without legal or factual
justification. If the division or a hearing examiner determines
that an injured worker's failure to meet any procedural deadline
in this act is through the fault of the worker's attorney, the
division shall reconsider its determination or a hearing
examiner shall order the contested case returned to the division
for redetermination of the contested issues as provided in W.S.
27-14-601(k).
(e) Except as otherwise provided within this subsection,
all documents filed with the division under subsection (c) of
this section may be maintained by the division on computer and
the hearing examiner or court may admit into evidence any
documents resident in the computer imaging file. If a genuine
issue as to the authenticity of the document is raised by a
party, by a hearing examiner or by the court, the hearing
examiner or court may, before admitting the document into
evidence, require the division to certify that the record is a
true and correct copy or transcript of records on file in the
division.