FLEURY v. KESSEL/DUFF CONST.

No. 88-100.

592 A.2d 904 (1991)

Glenn FLEURY v. KESSEL/DUFF CONSTRUCTION.

Supreme Court of Vermont.

May 3, 1991.


Attorney(s) appearing for the Case

Anthony B. Lamb and David A. Barra of Paul, Frank & Collins, Inc., Burlington, for plaintiff-appellant.

Harold E. Eaton, Jr., of Miller, Cleary & Faignant, Ltd., Rutland, for defendant-appellee.

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and KEYSER, J. (Ret.), Specially Assigned.


DOOLEY, Justice.

Plaintiff, Glenn Fleury, appeals the denial by the Commissioner of Labor and Industry (Commissioner) of an award of attorney's fees in connection with a workers' compensation proceeding before the Commissioner. Plaintiff argues that he prevailed in his case and thus is entitled to attorney's fees even though his request was made after the underlying award was affirmed in this Court. We reverse and remand.

This is the third time we have rendered...

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