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Lowell v. Rutland Area Visiting Nurses5/2/2000
anguage contained within 21 V.S.A. § 678(a), an award for necessary costs is mandatory, as a matter of law, if the claimant prevails in a workers' compensation proceeding. Pederzani v. The Putney School, Opinion No. 57-98WC (Oct. 6, 1998); Fredriksen v. Georgia-Pacific Corp., Opinion No. 28-97WC (Oct. 17, 1997). Whereas, when a claimant prevails, an award for reasonable attorney fees is a matter of the Commissioner's discretion. Aker v. ALIIC, Opinion No. 53A-98WC (Nov. 5, 1998); Pederzani, supra; Fredriksen, supra.
26. In this matter, the claimant has indeed prevailed in this case. Therefore, an award for necessary costs, in the amount of $98.24, based upon the claimant's Affidavit as to Attorney Fees and Costs, is proper.
27. Furthermore, having reviewed the submitted charges and the parties' respective arguments on the issue of attorney fees, I also find that claimant is entitled to her requested attorney fees, including the .25 hour charges, which I conclude are reasonable attorney billing. As such, claimant is entitled to $1875, for 31.25 hours at a rate of $60 per hour. See Workers' Compensation Rule 10 (update effective 9/13/99).
ORDER:
Based upon the foregoing Findings of Fact and Conclusions of Law, defendant is ORDERED to:
1. Adjust this claim in accordance with the Vermont Workers' Compensation Act;
2. Pay claimant's requested attorney's fees, in the amount of $1,875 for 31.25 hours at a rate of $60 per hour, as well as $98.24 for her necessary expenses, pursuant to 21 V.S.A. § 678.
Dated in Montpelier, Vermont, this 12th day of October 1999.
Steve Janson Commissioner
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