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No. 76 Page 51 of 74 2023

VT LEG #371318 v.1 (b)(1) When a claimant prevails in either a formal or informal proceeding under this chapter, the Commissioner shall award the claimant necessary costs incurred in relation to the proceeding, including deposition expenses, subpoena fees, and expert witness fees. (2) The Commissioner may allow a claimant to recover reasonable attorney’s fees when the claimant prevails. (3) In cases for which a formal hearing is requested and the case is resolved prior to a formal hearing: (A) the Commissioner may award reasonable attorney’s fees if the claimant retained an attorney in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the attorney’s efforts; and (B) the Commissioner shall award necessary costs if the claimant incurred the costs in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the costs incurred. (c)(1) In appeals to the Superior or Supreme Court, if the claimant prevails, he or she the claimant shall be entitled to reasonable attorney’s fees as approved by the court,; necessary costs, including deposition expenses, subpoena fees, and expert witness fees,; and interest at the rate of 12 percent per annum on that portion of any award the payment of which is contested. (2) Interest shall be computed from the date of the award of the Commissioner.

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Page 51

Official source

No. 76 Page 51 of 74 2023

VT LEG #371318 v.1 (b)(1) When a claimant prevails in either a formal or informal proceeding under this chapter, the Commissioner shall award the claimant necessary costs incurred in relation to the proceeding, including deposition expenses, subpoena fees, and expert witness fees. (2) The Commissioner may allow a claimant to recover reasonable attorney’s fees when the claimant prevails. (3) In cases for which a formal hearing is requested and the case is resolved prior to a formal hearing: (A) the Commissioner may award reasonable attorney’s fees if the claimant retained an attorney in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the attorney’s efforts; and (B) the Commissioner shall award necessary costs if the claimant incurred the costs in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the costs incurred. (c)(1) In appeals to the Superior or Supreme Court, if the claimant prevails, he or she the claimant shall be entitled to reasonable attorney’s fees as approved by the court,; necessary costs, including deposition expenses, subpoena fees, and expert witness fees,; and interest at the rate of 12 percent per annum on that portion of any award the payment of which is contested. (2) Interest shall be computed from the date of the award of the Commissioner.