New York Court of Appeals Agrees with Third Department in Burns v. Varriale

Agreeing with the Appellate Division, Third Department, the New York Court of Appeals last week in Burns v. Varriale held that the value of future workers'compensation benefits for a claimant with a nonschedule permanent partial disability is speculative, that the present value of these benefits cannot be ascertained at the time claimant recovers damages in a third-party action, and that claimant is not entitled to an apportionment of attorney's fees based on such future benefits.  Here is the Third Department's decision below.

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[Seth Patinkin]

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