26A-11WC. Anthony Pelissier v. Hannaford Brothers.

• Court: Vermont

Vermont Workers Compensation 2011. 26A-11WC. Anthony Pelissier v. Hannaford Brothers Anthony Pelissier v. Hannaford Brothers(November 28, 2011)STATE OF VERMONT DEPARTMENT OF LABORAnthony Pelissier v. Hannaford BrothersOpinion No. 26A-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. AA-03847RULING ON CLAIMANT'S PETITION FOR ATTORNEY FEES AND COSTS The Commissioner previously decided this claim on September 9, 2011. Claimant had presented two issues for determination: first, whether his May 2010 fusion surgery was reasonable, necessary and causally related to his 2009 work injury; and second, whether Defendant's contribution to his group health insurance premium should have been included in his average weekly wage and compensation rate calculation. The Commissioner ruled in Claimant's favor on the first issue, and against him on the second issue. In accordance with 21 V.S.A. §678(e) and Workers' Compensation Rule 10, Claimant now has submitted his petition for costs totaling $2,910.60 and attorney fees totaling $18,203.50. 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. Id. Where the claimant prevails on some, but not all of the disputed issues, the award of fees and costs typically is tailored to cover only those costs that relate directly to the successful claims, and only those fees that are commensurate...