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MILLER v. IBM

No. 94-266.

659 A.2d 1126 (1995)

David MILLER v. IBM and Liberty Mutual Insurance Company.

Supreme Court of Vermont.

March 24, 1995.

Attorney(s) appearing for the Case

Roger E. Kohn and Beth DeBernardi of Kohn & Rath, Hinesburg, for plaintiff-appellant.

Keith J. Kasper and Hal Goldman of McCormick, Fitzpatrick & Mertz, P.C., Burlington, for defendant-appellee.

Before: ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

DOOLEY, Justice.

Plaintiff David Miller appeals, challenging as inadequate an award of attorney's fees, following a successful workers' compensation claim against defendant. The Commissioner of Labor and Industry (Commissioner) awarded plaintiff attorney's fees in accordance with Workers' Compensation Rule 10 (WC Rule 10), which caps these fees at $35 per hour. On appeal, plaintiff argues that the hourly rate limit in WC Rule 10 is invalid.1

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