Wyoming State Treasurer ex rel. Workmen's Compensation Dept. v. Christiansen, 4019
| Decision Date | 29 December 1971 |
| Docket Number | No. 4019,4019 |
| Citation | 491 P.2d 1251 |
| Parties | WYOMING STATE TREASURER ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Appellant, v. C. L. CHRISTIANSEN, Appellee. |
| Court | Wyoming Supreme Court |
Donald L. Painter, Sp. Asst. Atty. Gen., Cheyenne, for appellant.
Frank J. Trelease, Laramie, for appellee.
Before McINTYRE, C. J., and PARKER and McEWAN, JJ.
A contested workmen's compensation claim of C. L. Christiansen, employee, was settled by stipulation of the parties. The district judge entered an order approving the settlement and requiring certain expenses to be paid from the Industrial Accident General Fund in accordance with § 27-135, W.S.1957, C.1967. The state treasurer entered the proceedings at this point by way of an appeal to our court. On appeal, he challenges the payment of three items of expense.
The items questioned are: (1) $50 paid to Dr. Leon Schreiner for time spent in connection with the giving of a deposition; (2). $49.88 paid to Wyoming Reporting Services for taking and transcribing the deposition of Dr. Schreiner; and (3) $9.80 to the deputy county attorney for mileage in attending at the deposition of Dr. Schreiner.
The treasurer has initiated his appeal with the assumption that the items questioned are 'costs of the action'. He relies on the rule that 'costs' are a creature of statute and, except for statutory costs, no right to costs exists. The treasurer then lifts out of context a portion of § 27-115, W.S. 1957, C.1967, and quotes the following:
A reference to § 27-115 reveals that it starts with the statement that, if the employer alleges injury was due solely to culpable negligence of the injured employee, or that the claim is not one comming within the provisions of the compensation act, then a jury may be demanded and the cause shall be tried as a court proceeding. There follows an outline of trial procedures, with provisions for the presenting of evidence on behalf of the employee and on behalf of the employer. After which, those provisions relative to costs, which are relied on by appellant, are set out. The costs referred on in this section include only fees and mileage for witnesses and jury costs.
When § 27-115 is considered as a whole, it becomes apparent the only costs dealt with in the section are trial-connected costs. It is also made clear that not even trialconnected costs can become an obligation of the employee. It is provided that all such costs shall be paid from the accident fund if the judgment is in favor of the employer; and if against the employer then he shall pay the costs.
It is quite apparent from the record that the district judge did not consider the items of expense which appellant now questions as items of cost dealt with in § 27-115. His order specifically directed that mileage and deposition costs with respect to the deposition of Dr. Schreiner and fees of Wyoming Reporting Service for taking and transcribing the deposition be paid from the Industrial Accident General Fund, 'in accordance with Wyoming Statutes 1957, Section 27-135.'
Section 27-135 provides:
'All fees or mileage of witnesses, jurors and physicians adjudged to be paid from the industrial accident general fund in any court proceeding under this act and all contingent expenses incurred in preparing for and in the administration of this act shall be paid from the industrial accident reserve fund on proper vouchers and warrants9' (8emphasis supplied.)
The section deals with expenses incurred in the administration of the compensation act. District judges are often heard to complain that the Wyoming legislature has in effect made them administrators for the workmen's compensation act. They say, except for the adjudication of disputed claims where a trial is necessary, their duties are administrative and such as should be performed by an administrator and not a judge. It has even been suggested that some of the compensation duties assigned to district judges may be in contravention of Art. 5, § 27, Wyoming Constitution, which provides no judge of the supreme or district court shall be elected or appointed to any other than judicial offices.
Nothing we say should be construed as a holding that...
To continue reading
Request your trial