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In re Worker's Compensation of Cargile9/4/1998
APRIL TERM, A. D. 1998
WYO. R. APP. P. 12.09 Certification from the District Court of Laramie County: The Honorable Edward Grant, Judge
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 Hearing Examiners 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 WYO. STAT. § 16-3-114(c) (1997). We remand the case to the Office of Hearing Examiners with instruction to hold a hearing on the motion for attorney fees and costs at which an appropriate record can be made reflecting the facts and the rationale accounting for the action of the hearing examiner in reducing the fees and costs.
In the Brief of Petitioners, filed on behalf of Cargile and Felde, these issues are set forth:
Issue 1
Did the Respondent Wyoming Office of Administrative Hearings (OAH) act in an arbitrary and capricious manner, not in accordance with the law, and in abuse of its discretion, when it entered its January 30, 1997 ORDER ALLOWING ATTORNEY FEES AND COSTS, effectively denying Petitioner Maren K. Felde (Felde) her reasonable attorney fees incurred in representing Petitioner Edward A. Cargile (Cargile) in his contest of the Respondent Wyoming Workers' Safety and Compensation Division's adverse final determination concerning Cargile's claim for workers' compensation benefits?
Issue 2
Did the Respondent Wyoming Office of Administrative Hearings (OAH) act to deprive Petitioner Cargile of his rights guaranteed by Wyoming's Constitution, including his right to equal protection free of absolute and arbitrary power of the government, and his right to due process provided by law, when it entered its January 30, 1997 ORDER ALLOWING ATTORNEY FEES AND COSTS, effectively denying Petitioner Maren K. Felde (Felde) her reasonable attorney fees incurred in representing Petitioner Edward A. Cargile (Cargile) in his contest of the Respondent Wyoming Workers' Safety and Compensation Division's adverse final determination concerning Cargile's claim for workers' compensation benefits?
In the Brief of Appellee, State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division (the Division), the issue is stated as:
A. A Hearing Examiner denied part of an attorney's fee request he found "excessive" and partially denied costs. Was the Hearing Examiner's decision an abuse his discretion, contrary to law, or contrary to the state constitution?
In May of 1989, Cargile was involved in a work related accident which resulted in injuries to his legs and his heart. Cargile received various awards of benefits from the Division. In 1996, he applied for extended permanent disability benefits which were denied by the Division on June 24, 1996, in a letter denominated Final Determination. In accordance with WYO. STAT. § 27-14-602(d) (Supp. 1996), the Office of Administrative Hearings (OAH) appointed Felde to represent Cargile in connection with the contested case hearing. Felde's representation resulted in a settlement agreement which was filed with the Div
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