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PAINTER v. STATE EX REL. WYOMING WORKER'S COMPENSATION DIVISION

No. 95-244.

931 P.2d 953 (1997)

Donald L. PAINTER, Appellant (Respondent), and Lee Melrose, Appellant (Respondent/Employee), v. The STATE of Wyoming, ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Appellee (Petitioner).

Supreme Court of Wyoming.

January 31, 1997.

Attorney(s) appearing for the Case

Donald L. Painter, Casper, for Appellants (Respondents)

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Jennifer A. Evans, Assistant Attorney General, for Appellee (Petitioner).

Before TAYLOR, C.J., and THOMAS, MACY and LEHMAN, JJ., and BRACKLEY, District Judge.

LEHMAN, Justice.

The sole issue presented by this appeal is at what point an injured worker's right to appointed counsel attaches in a worker's compensation case. In this case, a hearing examiner appointed counsel for an injured worker and awarded attorney fees although no contested case was requested. The district court found that since there was no contested case, the hearing examiner lacked jurisdiction to appoint an attorney and award fees. Absent further guidance...

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