Fleury v. Kessel/Duff Construction

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 a decision in this case. The case was first here as an appeal by the employer of an award of permanent total disability benefits to plaintiff.…