Castleberry v. Hudson Valley Asphalt Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hargett, J.
This case raises a novel issue as to the proper standards to be applied in apportioning attorneys’ fees, pursuant to subdivision 1 of section 29 of the Workers’ Compensation Law, upon a third-party recovery by an injured employee. Stripped to its essentials, the question is whether the compensation insurance carrier should ordinarily contribute only in proportion to its actual benefit derived from the recovery (i.e., the satisfaction of its lien) or whether attorneys’ fees should be assessed against it not only for the "collection” of its lien but also upon the…
2Cases cited13 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
- Koutrakos v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1975
- Calhoun v. West End Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1945
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Carlon v. ReganAppellate Division of the Supreme Court of the State of New York · 1984
- Ianielli v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- O'CONNOR v. Lee-Hy Paving Corp.District Court, E.D. New York · 1979
- Briggs v. Kansas City Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
19 more not listed; retrieve them via the Exa API.