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State ex rel Wyoming Workers' Safety and Compensation Division v. Gerrard1/29/2001
W.R.A.P. 12.09(b) Certification from the District Court of Laramie County The Honorable Nicholas G. Kalokathis, Judge
[ ] The Office of Administrative Hearings (OAH) awarded attorney's fees and costs to Appellee Shannon M. Gerrard's appointed attorney. Appellant State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division (Division) filed a request for reconsideration asserting the amount awarded was in excess of the benefits at issue in the case and therefore violated Wyo. Stat. Ann. § 27-14-602(d) (LEXIS 1999). The OAH denied the request for reconsideration concluding that the Division had raised causation as an issue and for this reason § 27-14-602(d) did not apply to limit attorney's fees. The Division appealed the order awarding attorney's fees and the denial of the request for reconsideration to the district court, and the district court certified the case to the Wyoming Supreme Court. We disagree with the OAH's determination that § 27-14-602(d) does not apply but affirm the attorney's fee award because the attorney's fees are reasonable and within the hearing examiner's jurisdiction pursuant to application of § 27-14-602(d).
ISSUES
[ ] The Division presents two issues:
I. Was the Hearing Examiner's award of attorney fees in excess of the uncontested amount of "benefits at issue" contrary to law and an abuse of discretion?
II. In the alternative, were the Hearing Examiner's findings and conclusions inadequate?
Ms. Gerrard frames a single issue:
Was the Hearing Examiner's award of attorney fees in the amount of $486.25 arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law?
FACTS
[ ] In September 1997, while working for the City of Cheyenne, Ms. Gerrard injured her neck when she hit her head on the door frame of her work vehicle. The Division issued a final determination on October 31, 1997, that the injury was covered and compensable. Ms. Gerrard had surgery on her cervical spine and received post-procedure treatment for her left arm and left shoulder pain. On July 8, 1998, the Division denied a claim for coverage of carpal tunnel syndrome treatment because the condition was not related to the original head/neck injury. Ms. Gerrard appealed the denial on July 16, 1998, and requested a hearing.
Attorney Carrie Hesco was appointed to represent Ms. Gerrard. A contested case hearing before the OAH was scheduled.
[ ] On August 4, 1998, the Division denied a claim for coverage of left shoulder treatment because the condition was not related to the original head/neck injury. Ms. Gerrard appealed the shoulder treatment denial on August 7, 1998, and requested it be combined with the carpal tunnel syndrome denial which was already scheduled for hearing. She submitted a statement of benefits claimed to the OAH on August 19, 1998, which listed medical expenses incurred for both the carpal tunnel syndrome and left shoulder treatments. The contested case hearing was held on December 16, 1998, and the OAH issued an order denying benefits for treatment related to carpal tunnel syndrome on January 14, 1999. The order did not mention or address the pending left shoulder treatment claims in any manner.
[ ] On or about December 10, 1998, Ms. Gerrard applied for temporary total disability (TTD) benefits for the period July 6 through July 10, 1998, in the amount of $160.61. The Division issued a final determination on December 17, 1998, by which it denied the application because it was not filed within sixty days of the previous period of temporary disability. See Wyo. Stat. Ann. § 27-14-404(d)(i) (LEXIS 1999). Ms
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