18A-10WC. Robert Bruno v. Directech Holding Co.

• Court: Vermont

Vermont Workers Compensation 2010. 18A-10WC. Robert Bruno v. Directech Holding Co Robert Bruno v. Directech Holding Co.(August 5, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 18A-10WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. Y-50514RULING ON CLAIMANT'S MOTION FOR AWARD OF ATTORNEY FEES AND COSTSThe Commissioner previously decided this claim on May 19, 2010. Two issues were presented: first, whether Claimant had reached an end medical result for his work-related injury, and if so, when that occurred; and second, what the appropriate permanent impairment rating referable to Claimant's injury was. The Commissioner ruled in Claimant's favor on the first issue, finding that he was entitled to an additional 66 weeks of temporary disability benefits. As to the second issue, however, the Commissioner ruled that Defendant's expert opinion was more credible. Had the Commissioner accepted Claimant's expert opinion, he would have been awarded an additional 44.55 weeks of permanency benefits over and above what he received in accordance with Defendant's proffered rating. According to 21 V.S.A. §678(a), when a claimant prevails after formal hearing necessary litigation costs "shall be assessed" against the employer. The commissioner has discretion to award attorney fees to a prevailing claimant as well. Here, Claimant prevailed only on his claim for temporary disability benefits, but not on his claim for additional permanency benefits. In such cases, the commissioner routinely awards only those costs that relate directly to the successful claim. As for attorney fees, the award typically is reduced to be commensurate with the extent of the claimant's success. See, e.g., Hill v. CV Oil Co., Opinion No. 15-09WC (May 26, 2009); Hatin v. Our Lady of Providence, ...