In re Worker's Compensation of Cargile9/23/1998
APRIL TERM, A. D. 1998
ORDER DENYING APPLICATION FOR REHEARING, WITHDRAWING ORIGINAL OPINION, AND SUBSTITUTING
This case came before the Court upon the Application for Rehearing filed by the Appellee, State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division, on September 11, 1998, and a letter from Randall T. Cox, Attorney at Law, responding to the Notice on the cover page of the Opinion of the Court filed on September 4, 1998, and the Court having considered the files and record of the Court, and being fully informed in the premises, finds that the suggestions offered in the Application for Rehearing and the letter from Mr. Cox are well taken; the Opinion of the Court filed on September 4, 1998 should be withdrawn; and the attached Opinion of the Court should be substituted for the earlier opinion, and it therefore is
ORDERED that the Application for Rehearing filed by the Appellee, State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division, on September 11, 1998, be, and the same hereby is, denied; and it further is
ORDERED that the Opinion of the Court that was filed in the case on September 4, 1998 be, and it hereby is, withdrawn; and it further is
ORDERED that the Opinion of the Court that is attached to this Order Denying Application for Rehearing, Withdrawing Original Opinion, and Substituting Opinion be, and it hereby is, substituted for the Opinion of the Court filed on September 4, 1998 and filed by the Clerk as the Opinion of the Court in this case.
Dated this 23rd day of September, 1998.
FOR THE COURT:
/s/
IN THE SUPREME COURT, STATE OF WYOMING
APRIL TERM, A. D. 1998
September 23, 1998 IN THE MATTER OF THE WORKER'S COMPENSATION CLAIM OF EDWARD A. CARGILE, AN EMPLOYEE OF RUAN TRANSPORT:
EDWARD A. CARGILE and MAREN KAY FELDE,
Appellants (Petitioners),
vs.
STATE OF WYOMING ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, and WYOMING OFFICE OF ADMINISTRATIVE HEARINGS,
Appellees (Respondents).
WYO. R. APP. P. 12.09 Certification from the District Court of Laramie County: The Honorable Edward Grant, Judge
Representing Appellants: Maren Kay Felde, Cheyenne, Wyoming.
Representing Appellees: William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; Bernard P. Haggerty, Assistant Attorney General.
Before LEHMAN, C. J., and THOMAS, MACY, GOLDEN, and TAYLOR,*fn* JJ.
THOMAS, Justice.
Edward A. Cargile and Maren Kay Felde (the Petitioners) seek review of an Order Awarding Attorney Fees and Costs for Felde's representation of Cargile before the Office of Administrative Hearings in a contested case relating to Cargile's application for extended permanent disability benefits. Without making any record other than striking certain items from, and making notes on, Felde's itemization of costs and fees, the hearing examiner reduced the request for fees and costs by $303.01. The record is silent with respect to any facts or factors considered by the hearing examiner in making this determination. In the absence of a record reflecting the material facts and the rationale upon which the hearing examiner proceeded to reduce the fee request, we cannot pursue any appropriate judicial review pursuant to W YO . S TAT . ยง 16-3-114(c) (1997). We remand the case to the Office of Administrative Hearings with instruction to hold a hearing on the motion for attorney fees and costs at which an appropriate record
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