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State ex rel Wyoming Workers' Safety and Compensation Division v. Gerrard1/29/2001
the considerable expense of a full contested case hearing was avoided. In Painter, we anticipated that the early involvement of appointed attorneys on behalf of employees would have this kind of positive effect and result in only those matters requiring a full contested case hearing proceeding to that extent. Such an outcome benefits all parties. The Division conceded Attorney Hesco's fees were reasonable. Therefore by application of § 27-14-602(d), the hearing examiner had the jurisdiction to award these reasonable attorney's fees.
[ ] We turn briefly to the Division's position that these OAH orders failed to provide sufficient findings of fact to comport with the requirements of § 16-3-110 and W.R.C.P. 54(d). The OAH reached the correct result-payment of the attorney's fees-through the wrong course. In the exercise of our authority, we have remedied the errors and applied the correct law to the facts contained in the record. We believe remand under these circumstances for issuance of findings of fact consistent with this decision would be a superfluous requirement. In this regard, we note with some concern that funds in excess of the fee sought in this matter were expended by the Division to contest the payment. Clearly, Attorney Hesco also incurred additional costs. The time and resources of this Court were likewise utilized. We are of the opinion that the decision to bring this case presents a questionable use of limited means.
[ ] Affirmed.
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