New York Court of Appeals Will Hear Important Workers' Compensation Issue -- Burns v. Varriale

Last week, the New York Court of Appeals granted leave to appeal in Burns v. Varriale.  As stated in this prior post, the appeal addresses the following workers' compensation law issue: whether the value of future workers' compensation benefits to be awarded to a claimant with a nonscheduled permanent, partial disability is speculative.  The Appellate Division, Third Department held that the value is speculative.

The appeal will  impact the way courts apportion a workers' compensation carrier's share of litigation costs a worker expends in commencing a successful lawsuit against a third party regarding the injury.  This case puts a glean on an older New York Court of Appeals' case, Matter of Kelly v. State Ins. Fund, 60 N.Y.2d 131 (1983). 

New York Civil Law will keep you apprised of oral arguments and the decision.

Comments

[David M. Gottlieb, Esq.]

All you need now is a music video.

[David M. Gottlieb, Esq.]

whoops, wrong post.