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Claimant’s Award of Attorneys’ Fees Based on Prevailing Party Status Must Be Reassessed in Light of Supreme Court’s Reversal

In an amended opinion in Marshall v. State, 2015 VT 47A (May 8, 2015), the Vermont Supreme Court revised their earlier opinion to include a remand on the issue of the plaintiff’s attorneys’ fees award since it had reversed the award of permanent partial disability benefits in the original opinion.

Issue: After the State successfully appealed a trial court order for Plaintiff to receive additional permanent partial disability benefits, it filed a motion to reconsider the award of attorneys’ fees to Plaintiff as a prevailing party.

Holding: Plaintiff was partially successful in his claim for medical benefits but, after the Court’s decision on appeal, lost his claim for permanent partial disability benefits. The Court revised its opinion to remand the case so that the trial court could reassess the attorneys’ fees award in light of Plaintiff’s partial success.

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