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HB0269 • 2023

Workers compensation-attorneys' expenses and costs.

AN ACT relating to labor and employment; authorizing hearing examiners to award appointed attorneys reimbursement for expenses and costs in contested workers compensation cases as specified; removing the requirement that attorneys only be reimbursed for a reasonable number of hours not to exceed the benefits at issue in the contested case hearing; and providing for an effective date.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Nicholas
Last action
2023-02-06
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill did not pass, so there is no official text detailing the specific changes made beyond what was provided in the summary and digest.

Workers' Compensation: Attorneys' Expenses and Costs

The bill allows hearing examiners to reimburse appointed attorneys for expenses and costs in workers' compensation cases without limiting the number of hours based on benefits at issue.

What This Bill Does

  • Removes the requirement that attorney reimbursement be limited to a reasonable number of hours not exceeding the benefits at issue.

Who It Names or Affects

  • Hearing examiners who will decide on attorney reimbursements in workers' compensation cases.
  • Appointed attorneys representing employees or claimants in these cases.

Terms To Know

Contested case
A legal proceeding where there is a disagreement about the compensability of an injury or other issues related to workers' compensation benefits.
Hearing examiner
An official who conducts hearings and makes decisions in contested cases involving workers' compensation claims.

Limits and Unknowns

  • The bill did not pass during the session.
  • It is unclear how much additional cost this change would impose on employers or the state's worker's compensation account.

Bill History

  1. 2023-02-06 House

    H COW:H Did not consider for COW

  2. 2023-01-27 House

    H Placed on General File

  3. 2023-01-27 House

    H02 - Appropriations:Recommend Do Pass 7-0-0-0-0

  4. 2023-01-26 House

    H Introduced and Referred to H02 - Appropriations

  5. 2023-01-26 House

    H Received for Introduction

  6. 2023-01-25 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0678
2023
STATE OF WYOMING
23LSO-0678
Numbered
2.0

HOUSE BILL NO. HB0269

Workers compensation-attorneys' expenses and costs.

Sponsored by: Representative(s) Nicholas

A BILL

for

AN ACT relating to labor and employment; authorizing hearing examiners to award appointed attorneys reimbursement for expenses and costs in contested workers compensation cases as specified; removing the requirement that attorneys only be reimbursed for a reasonable number of hours not to exceed the benefits at issue in the contested case hearing; and providing for an effective date.

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

Section 1
.

W.S. 27
‑
14
‑
602(d) is amended to read:

27
‑
14
‑
602.

Contested cases generally.

(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
and reimbursement for expenses, expert witness fees and costs reasonably incurred
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
, expenses, expert witness fees and costs reasonably incurred
shall be supported by a verified itemization of all services provided.

No fee
or expense, expert witness fee and cost reimbursement
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).

Section 2
.

This act is effective July 1, 2023
.

(END)

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HB0269