Legal Opinion · Dissent
McNally v. DEPARTMENT OF PATH
Supreme Court of Vermont
Decided August 11, 2011No. 09-450Published
1Dissent
Burgess, J.,
¶ 18. dissenting. Certainly, claimant “prevailed” on appeal insofar as her claim was remanded to the Commissioner for want of findings and conclusions necessary to support the decision to deny her benefits. Just as certainly, however, claimant has not prevailed on the merits of her claim for compensation. Reading 21 V.S.A. § 678(a) and (b) as one legislative scheme governing the award of attorney’s fees, the plain meaning is that attorney’s fees are allowed, along with interest on disputed compensation, when “claimants prevail” on their compensation claims, rather than on…
2Cases cited7 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Prime Insurance Syndicate, Inc. v. Soil Tech Distributors, Inc.Court of Appeals for the Eleventh Circuit · 2008
- Henderson v. Jantzen, Inc.Oregon Supreme Court · 1987
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