Fleury v. Kessel/Duff Construction Co.

Following our decision affirming the Commissioner’s award of workers’ compensation benefits to plaintiff, Glenn Fleury, see Fleury v. Kessel/Duff Construction Co., 148 Vt. 415, 533 A.2d 1197 (1987), the plaintiff sought an award of attorney’s fees pursuant to 21 V.S.A. § 678(b). The matter was referred to a master who has determined that $3300, an amount agreed to by the parties, is a reasonable fee for representation before this Court. Both parties have differences with the master’s report. Defendant argues that the statute under which the fees are awarded is unconstitutional and, therefore,…