25-11WC. Enoch Rowell v. Northeast Kingdom Community Action.

• Court: Vermont

Vermont Workers Compensation 2011. 25-11WC. Enoch Rowell v. Northeast Kingdom Community Action Enoch Rowell v. Northeast Kingdom Community Action(August 31, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 25-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. Y-58698RULING ON CLAIMANT'S MOTION FOR ATTORNEY FEES AND COSTSThe Commissioner previously decided this claim on July 6, 2011. Among the disputed issues were (1) whether Claimant is permanently and totally disabled as a consequence of his February 2007 compensable work injury; and (2) alternatively, whether Claimant is entitled to any permanent partial disability benefits causally related to that injury. The Commissioner ruled that although Claimant successfully established the causal relationship between his current condition and his work injury, he failed to prove that he has yet been rendered permanently and totally disabled as a result. She thus denied Claimant's claim for permanent total disability benefits. As to permanent partial disability benefits, the Commissioner ruled entirely in Claimant's favor. The Commissioner also ruled that Claimant had at least partially prevailed on his claims and therefore was entitled to an award of costs and attorney fees commensurate with the extent of his success. In accordance with that ruling. Claimant now seeks an award of costs totaling $3,121.23 and attorney fees totaling $11,607.25. Defendant objects to the request on various grounds. With the exception of the costs related to obtaining Claimant's prior income tax returns ($171.00), I conclude that the costs he has requested are sufficiently related to the claims upon which he prevailed to merit reimbursement. Hatin v. Our Lady of Providence, Opinion No. 21S-03 (October 22, 2003). I therefore award Claimant costs totaling $2,950.23. As for attorney fees. Defendant argues that the fees requested are disproportionate to the value of the permanent partial disability benefits Claimant was awarded, particularly in light of the fact that if he had prevailed on his permanent total disability claim his award would have been much greater. I disagree. In exercising the discretion granted by 21 V.S.A. §678 the commissioner typically considers such factors as whether the attorney's efforts were integral to establishing the...