Workers compensation-limiting state funded appeals.

2018
STATE OF WYOMING
18LSO-0241
Numbered
1.2

HOUSE BILL

NO.
HB0169

Workers compensation-limiting state funded appeals.

Sponsored by:
Representative(s) Loucks, Barlow, Clem, Hallinan and Sweeney

A BILL

for

AN ACT relating to labor and employment; authorizing payment from the worker's compensation account of a worker's compensation claimant's attorney's fees and costs in a district or supreme court appeal only if the claimant prevails; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
14
‑
608(a)
, 27
‑
14
‑
612, 27
‑
14
‑
613
and 27
‑
14
‑
615 are amended to read:

27
‑
14
‑
608
.

Attorney fees; penalty for violation.

(a)

If the hearing examiner under W.S. 27
‑
14
‑
602(d) or the district court or supreme court under W.S. 27
‑
14
‑
615 set a fee for any person for representing a claimant under this act excluding a health care provider, the person shall not receive any additional fee from the claimant.

Nothing in this subsection shall
require
the fee set for any person for representing the claimant
in the district court or supreme court to be paid from the worker
'
s compensation account
if
judgment in the district court or supreme court is against the claimant.

27
‑
14
‑
612
.

Appeal by employee; costs.

If an appeal to the district court is prosecuted on behalf of the employee, the employee or attorney representing the employee shall order a record of the proceedings at the hearing to be supplied by the hearing examiner
.

without cost to the employee
.
An electronic recording of the proceedings may serve as the official transcript but upon appeal, the district court may request a written transcript of the proceedings or any portion of the proceedings. The employee or attorney shall also order the papers on file
with the division to be prepared, transcribed, certified and forwarded to the district court
.

without cost to the employee
.
Docket fees in the district court

and supreme court,
recordings and transcripts of adminis
trative hearing proceedings, and copies of papers on file with the division
shall be
initially
paid for
directly out of the worker
'
s compensation account
by the appealing party a
nd then re
cover
ed
from
the nonprevailing party
except such costs as the court in its discretion shall assess against any of the parties
.

27
‑
14
‑
613
.

Appeal by employer; stay of award.

If an appeal is prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied
.

without cost to the employer
.
An electronic recording of the proceedings may serve as the official transcript but upon appeal, the district court may request a written transcript of the proceedings or any portion of the proceedings. The employer may employ counsel to conduct the appeal on his behalf. Upon request and on appeal by an employer or the division from an order of award, the
hearing examiner may stay the payment of the award or that portion appealed from upon any terms as the hearing examiner deems proper.

Docket fees in the district court
and supreme court,
recordings and transcripts of administrative hearing proceedings, and copies of papers on file with the division shall be initially paid for
by the appealing party and then recovered from the nonprevailing party except such costs as the court in its discretion shall assess against any of the parties.

27
‑
14
‑
615
.

Appointment of attorneys for court proceedings; fees.

The district court may appoint an attorney to represent the employee during proceedings in the district court and appeal to the supreme court. The district court may allow the attorney a reasonable fee for
his
the attorney
'
s

services at the conclusion of the proceedings in district court and the supreme court may allow for reasonable fees for services at the conclusion of the proceedings in the supreme court.
A prevailing employee
'
s attorney fees shall be paid according to the order of the district court or
supreme court from the worker
'
s compensation account.
In any appeal 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 district court or supreme court 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 appeal. In all other cases, if the employer or division prevails in the district court or supreme court, as the case may be,

the fees allowed an employee
'
s attorney shall not
be paid from the worker
'
s compensation account and shall not
affect the employer
'
s experience rating.

Section 2
.

This act is effective July 1, 201
8
.

(END)

1
HB0169