Manning v. State ex rel. Wyoming Worker's Compensation Division

I agree that the office of hearing examiners had no jurisdiction to appoint an attorney for Manning. Indeed, that is the point of my dissenting opinion in Painter v. State ex rel. Wyoming Worker’s Compensation Div., 931 P.2d 953, 956 (Wyo.1997). I am still of the persuasion that the office of hearing examiners lacks jurisdiction to appoint counsel in the absence of a request by an interested party and the referral by the Division for a contested case hearing. Clearly, this instance is outside the authority of the office of hearing examiners to appoint an attorney.

I dissent from that portion…