Sargent v. Town of Randolph Fire Department

2007 VT 56, 928 A.2d 525, 182 Vt. 546, 2007 Vt. 56, 2007 Vt. LEXIS 156
CourtSupreme Court of Vermont
DecidedJune 14, 2007
DocketNo. 06-179
StatusPublished
Cited by3 cases

This text of 2007 VT 56 (Sargent v. Town of Randolph Fire Department) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sargent v. Town of Randolph Fire Department, 2007 VT 56, 928 A.2d 525, 182 Vt. 546, 2007 Vt. 56, 2007 Vt. LEXIS 156 (Vt. 2007).

Opinion

¶ 1. Herbert Sargent appeals the Commissioner of Labor’s denial of attorney’s fees and costs for proceedings before the Commissioner. Mr. Sargent was unsuccessful in his claim for permanent total disability benefits before the Commissioner, but he prevailed on that claim after a jury trial in superior court. The employer paid attorney’s fees and costs for the superior court proceedings, and the superior court remanded the case to the Commissioner for a consideration of fees and costs expended to present the case to the Commissioner. The Commissioner denied attorney’s fees and costs, relying on 21 V.S.A. § 678. We hold that the Commissioner erred in interpreting the workers’ compensation statute. Therefore, we reverse and remand the Commissioner’s decision.

¶ 2. In 1997, claimant was injured on the job while volunteering for the Town of Randolph Fire Department. As a result of the injuries, Mr. Sargent sought permanent total disability benefits. At a hearing before the Commissioner on April 4,2002, claimant offered written medical records, vocational rehabilitation records, and expert testimony from doctors. The Commissioner denied permanent total disability benefits, ordered vocational rehabilitation services to resume and granted claimant a 10% impairment rating for the spine injury and a 16% psychological impairment rating. Claimant submitted a timely request for attorney’s fees and costs pursuant to Workers’ Compensation Rule 10.4000. The request included 382.8 hours of attorney time, 12.9 hours of paralegal time, and $4,775.84 in [547]*547costs incurred before the Commissioner. The Commissioner denied claimant’s request for attorney’s fees and costs because she found claimant had not prevailed in his claim for permanent total disability benefits.

¶ 3. Claimant appealed to the Washington Superior Court in November 2002 pursuant to 21 V.S.A. § 670. The certified questions for retrial by the superior court were the same as the issues presented to the Commissioner, specifically: “was Herbert Sargent permanently totally disabled as a result of his work-related injury, and if Mr. Sargent was not permanently totally disabled, what was the extent of his permanent partial impairment as a result of his work-related injury?”

¶ 4. Following trial in superior court, the jury found that claimant was entitled to permanent total disability benefits. In a judgment order dated July 13,2005, the trial court confirmed the jury’s verdict and ordered judgment against defendants in the amount of $40,000.00 for reasonable attorney’s fees incurred for the trial.

¶ 5. Claimant then filed a motion before the Commissioner to recover attorney’s fees and costs originally incurred before the Commissioner. Defendants opposed the motion, arguing that the request should have been made in the appeal to the trial court, and more importantly that claimant was not entitled to fees and costs because he had not prevailed before the Commissioner. Defendants also argued that claimant had advanced a different reason for his permanent total disability at trial than he had in the hearing before the Commissioner. At trial claimant called two new expert witnesses and did not call any of his treating physicians. The Commissioner denied claimant’s motion ruling that “[bjecause the claimant did not ‘prevail’ at this level, he is not entitled to the fees incurred for the work performed here.” The ruling did not address whether the motion was timely made. Claimant appeals.

¶ 6. We first address the issue of timeliness. Defendants assert that claimant’s motion for attorney’s fees was untimely because he did not appeal the Commissioner’s original denial of fees to the superior court. Claimant contends that he could not raise the issue of attorney’s fees in the superior court because he had not yet prevailed. See 21 V.S.A. § 678(a), (b) (providing for award of attorney’s fees if claimant prevails before various tribunals).

117. This Court has recognized that “[a] number of federal and state cases have held that a request [for attorney’s fees] made after a party prevails on appeal is timely.” Fleury v. Kessel/Duff Constr., 156 Vt. 406, 411, 592 A.2d 904, 906 (1991) [hereinafter Fleury III]. The request here was made shortly after claimant prevailed in superior court on his claim for permanent total disability. As is discussed herein, the statutory scheme provides the appropriate process for seeking attorney’s fees and costs after claimant is successful in court. We hold that the motion for attorney’s fees after the superior court trial was timely.

¶ 8. Our review in workers’ compensation cases is “limited to a review of questions of law certified ... by the commissioner.” 21 V.S.A. § 672. The Commissioner certified the following questions: “Did the Department abuse its discretion in denying Claimant’s request for attorney fees for work performed at the administrative level? Is Claimant entitled to costs incurred at the administrative level when he does not prevail at that level but later prevails on his claim in Superior Court?”

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Related

McNally v. DEPARTMENT OF PATH
2011 VT 93 (Supreme Court of Vermont, 2011)
Sargent v. Town of Randolph Fire Dept.
2007 VT 56 (Supreme Court of Vermont, 2007)

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Bluebook (online)
2007 VT 56, 928 A.2d 525, 182 Vt. 546, 2007 Vt. 56, 2007 Vt. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sargent-v-town-of-randolph-fire-department-vt-2007.