Stenson v. New York State Department of Transportation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.P.
On this appeal, we are asked to consider the validity of certain limitations that the Workers’ Compensation Board has placed on the applicability of Burns v Varriale (9 NY3d 207 [2007]). That case set forth a method of determining a workers’ compensation carrier’s equitable share of litigation costs incurred in obtaining a third-party recovery for claimants whose future entitlement to compensation benefits is speculative. As explained below, the Board has misconstrued the scope of Burns by ruling that the case applies only when a carrier’s consent to…
2Cases cited12 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Burns v. VarrialeNew York Court of Appeals · 2007
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- Brisson v. County of OnondagaNew York Court of Appeals · 2006
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Claim of Morphew v. Aero Transporters, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Claim of Jarovic v. Icon Restoration & ContractingAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Jarovic v. Icon Restoration & ContractingAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Lala v. Siteworks Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2017
6 more not listed; retrieve them via the Exa API.