Griffith ex rel. Workmen's Compensation Dept. v. Stephenson, 4045

• Decision Date: 14 March 1972
• Docket Number: No. 4045,4045
• Citation: 494 P.2d 546
• Parties: James GRIFFITH, Wyoming State Treasurer ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Plaintiff, v. William E. STEPHENSON et al., Defendants.
• Court: Wyoming Supreme Court

Page 546

494 P.2d 546

James GRIFFITH, Wyoming State Treasurer ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Plaintiff, v. William E. STEPHENSON et al., Defendants.

No. 4045.

Supreme Court of Wyoming.

March 14, 1972.

Edward L. Grant, Sp. Asst. Atty. Gen., Cheyenne, for plaintiff.

Ernest Wilkerson and John Burk, Casper, for defendants Stephenson and Wilkerson.

No appearance for defendant Reed Roller-Bit Co.

Before McINTYRE, C. J., and PARKER, McEWAN and GUTHRIE, JJ.

McINTYRE, Chief Justice.

In February of 1966, William E. Stephenson was an employee of Waukesha Engine and Equipment Company. He was driving a pickup truck in connection with his duties when he was involved in a collision with an automobile owned by Reed Roller-Bit Company. Stephenson received workmen's compensation benefits in the amount of $2,011.11.

In addition to his compensation benefits, Stephenson brought an action for damages against Reed Roller-Bit Company, and that suit was settled for $12,500. In this action, Stephenson was represented by attorney Ernest Wilkerson.

A dispute arose with the workmen's compensation department pertaining to the amount which should be reimbursed to the industrial accident fund. Suit was brought by the state treasurer to recover the amount claimed by the workmen's compensation department. At the request of Ernest Wilkerson, attorney, the district court has certified two constitutional questions to the supreme court, as follows:

'1. Does the formula for recovery by the State of Wyoming Workmen's Compensation Department in the event of third party liability to a Workmen's Compensation claimant as set forth in section 27-54, Wyoming Statutes (sic) 1957 (Supp.) violate the Fifth Amendment to the Constitution of the United States and Article 1, Section 6 of the Constitution of the State of Wyoming?

'2. Does the formula for recovery by the State of Wyoming Workmen's Compensation Department in the event of third party liability to a Workmen's Compensation claimant as set forth in Section 27-54, Wyoming Statues (sic) 1957 (Supp.) violate the Thirteenth Amendment to the Constitution of the United States?'

In Harding v. State, Wyo., 478 P.2d 64, 66, it was pointed out that we have time and again held the supreme court has no jurisdiction to pass upon a reserved constitutional question until after the trial court has disposed of and has decided the meaning and effect of the statutes in question necessarily arising in a case.

Rule 52(c), W.R.C.P., makes it clear the district court, before reserving a constitutional question to the supreme court, shall dispose of all necessary and controlling questions of fact and state its conclusions of law on all points of construction, interpretation and meaning of statutes.

The statute referred to in the questions of the district court was amended in 1969, with an effective date of July 1, 1969. The state treasurer's action to recover a portion of the settlement funds was commenced June 24, 1969. However, it appears no final judgment has been entered and no division of funds has yet been made. We find in the record no determination by the trial court as to whether the statute as it existed prior to July 1, 1969, or the statute as amended in 1969, will be applicable when a division of funds is made in this case. Such a determination must be made before we can answer the constitutional questions submitted.

If it should be determined that the statute as it...