Romano v. Herrmann  (June 20, 1996)

STATE OF VERMONT

DEPARTMENT OF LABOR AND INDUSTRY

Robert Romano           File #: E-9308

      v.                      Order    

Walter Herrmann            

1.   On May 13, 1994, the Commissioner issued a decision, Opinion No. 41-92WC, after formal hearing in the above referenced matter.

2.   Upon appeal from that decision to the Superior Court of Windham County, a jury, after being duly charged, determined that Robert Romano was an employee of Walter Herrmann within the meaning of the Workers' Compensation Act.

3.   The defendant appealed that decision to the Vermont Supreme Court, and then withdrew the appeal.  Upon the return to the Windham Superior Court, that Court certified its Judgment and Order to this Department, confirming the jury verdict.

4.   The jury having confirmed the decision of the Commissioner as reflected in Opinion No. 41-92WC, that decision is hereby confirmed.

5.   Pursuant to 21 V.S.A. §678(b), the Court awarded attorney's fees and costs in the amount of $5,663.88.

          WHEREFORE, Walter Herrmann is hereby ordered:

1.   To pay compensation to the claimant consistent with the Order in Opinion No. 41-92WC; and

2.   To pay attorney's fees and costs in the amount of $5,663.88, in addition to the previously ordered $1,601.25 in attorney's fees and $491.79 in costs.

DATED at Montpelier, Vermont this 20th day of June 1996.

___________________________

Mary S. Hooper

Commissioner