The Vermont Statutes Online

Title 21 : Labor

Chapter 009 : Employer's Liability and Workers' Compensation

• § 678. Costs; attorney’s fees

  (a) Costs shall not be taxed or allowed either party except as provided in this section.

  (b)(1) When a claimant prevails in either a formal or informal proceeding under this chapter, the Commissioner shall award the claimant necessary costs incurred in relation to the proceeding, including deposition expenses, subpoena fees, and expert witness fees.

  (2) The Commissioner may allow a claimant to recover reasonable attorney’s fees when the claimant prevails.

  (3) In cases for which a formal hearing is requested and the case is resolved prior to a formal hearing:

  (A) the Commissioner may award reasonable attorney’s fees if the claimant retained an attorney in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the attorney’s efforts; and

  (B) the Commissioner shall award necessary costs if the claimant incurred the costs in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the costs incurred.

  (c)(1) In appeals to the Superior or Supreme Court, if the claimant prevails, the claimant shall be entitled to reasonable attorney’s fees as approved by the court; necessary costs, including deposition expenses, subpoena fees, and expert witness fees; and interest at the rate of 12 percent per annum on that portion of any award the payment of which is contested.

  (2) Interest shall be computed from the date of the award of the Commissioner.

  (d) By January 1, 1999 and at least every five years thereafter, the Commissioner shall amend existing rules regarding reasonable attorney’s fees awarded under subsection (a) of this section. In amending these rules, the Commissioner shall consider accessibility to legal services, appropriate inflation factors, and any other related factors consistent with the purposes of this chapter. In the event the Commissioner proposes no change in the rules in any five-year period, the Commissioner shall provide a written report to the Legislative Committee on Administrative Rules of the General Assembly explaining the reasons for not changing the rules.

  (e) An attorney representing a claimant shall submit a claim for attorney’s fees and costs within 30 days following a decision in which the claimant prevails. (Amended 1961, No. 90; 1969, No. 237 (Adj. Sess.), eff. May 1, 1970; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 165 (Adj. Sess.), § 1; 1981, No. 204 (Adj. Sess.), § 10; 1997, No. 140 (Adj. Sess.), § 1; 2007, No. 208 (Adj. Sess.), § 16, eff. June 11, 2008; 2013, No. 199 (Adj. Sess.), § 66, eff. June 24, 2014; 2023, No. 76, § 37, eff. July 1, 2023.)