Hodgeman v. Jard Co.

Defendant Jard Company, Inc. appeals an award of attorney’s fees to plaintiff Patricia Hodgeman by the Commissioner of Labor and Industry in a workers’ compensation proceeding. Defendant argues that the controlling statute, 21 V.S.A. § 678(a), violates Chapter I, Article 7 of the Vermont Constitution. Alternatively, defendant argues (1) that workers’ compensation claimants must prevail on all claims in order to be awarded attorney’s fees, (2) that the commissioner abused her discretion in awarding fees without finding that defendant was responsible for unreasonable delay, and (3) that there…