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In re Worker's Compensation Claim of Smith10/18/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] The Wyoming Workers' Compensation Division (Division) challenges an award of attorney fees made by the Office of Administrative Hearings (OAH). The Division also challenges the district court's appointment of counsel for claimant in the district court appeal and an award of attorney fees to counsel for his efforts during that appeal. We find no abuse of discretion in the awards of attorney fees. We also find no error in the district court's appointment of counsel to represent claimant in the district court appeal. We affirm.
ISSUES
[ ] The following issues are presented for our review:
1. Did the OAH abuse its discretion by awarding attorney fees and costs in the amount of $24,205.97, or was the award otherwise not in accordance with law?
2. Did the district court abuse its discretion by appointing counsel to represent claimant in defending the Division's appeal of the OAH decision and awarding attorney fees for such representation?
FACTS
[ ] Timothy Smith (claimant) was employed by United Parcel Service (UPS) for twenty-four years. He filed a report of injury with UPS claiming that he had incurred a work-related injury (tinnitus and hearing loss) as a result of his employment. The Division determined that claimant had not suffered a compensable injury and denied benefits. Claimant filed a timely objection to the denial of his claim. The matter was referred to the OAH for hearing. An attorney, Frank B. Watkins, was appointed to represent claimant. The Division and UPS contested the compensability of claimant's injury. An evidentiary hearing was held January 30, 2003. On March 11, 2003, the OAH entered its order denying benefits on the basis that claimant had failed to establish a compensable injury.
[ ] Mr. Watkins subsequently filed a Motion for Attorney's Fees. The motion was supported by an itemized statement reflecting fees and costs totaling $24,205.97. The Division objected to the fee request, filed a Memorandum in Support of Objection to Attorney's Fees and also submitted an affidavit of counsel reflecting hours that the Division's attorney had billed. UPS filed an objection to the request in which it stated:
The Employer/Objector United Parcel Service (UPS), takes no position with respect to the Employee/Claimant's request for attorney's fees in this case to the extent those fees will not be charged against UPS' account and shall no affect UPS' experience rating, as established by Wyo. Stat. § 27-14-602(d). If the claimed attorney's fees will have any impact on UPS' experience rating or account, UPS' joins in the objection of the Division of Worker Safety and Compensation.
A hearing was held on the motion. The OAH found that the requested attorney fees and costs were reasonable and entered an order awarding attorney fees and costs in the amount of $24,205.97.
[ ] The Division appealed the attorney fee award to the district court. The district court appointed Mr. Watkins to represent claimant in the appeal. The district court affirmed the award and also entered an order awarding additional attorney fees in the amount of $2,167.77 for defense of the district court appeal. The Division filed this appeal.
STANDARD OF REVIEW
[ ] We review administrative decisions pursuant to Wyo. Stat. Ann. § 16-3-114(c) (LexisNexis 2001) which states, in pertinent part, that the reviewing court shall:
(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:
(A) Arbitrary, capricious, an abuse of discretion or otherwise not i
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