Legal Opinion
Bissell v. Town of Amherst
New York Court of Appeals
Decided March 27, 2012No. 41PublishedCited by 9 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
In Matter of Kelly v State Ins. Fund, we held that when a workers’ compensation claimant recovers damages in a third-party action, “the compensation carrier’s equitable share of litigation costs incurred by the claimant may be apportioned on the basis of the total benefit that the carrier derives from the claimant’s recovery” (60 NY2d 131, 135 [1983]). The carrier’s “total benefit” is the recoupment of its lien (the sum of past benefits paid the claimant) and relief from future obligations to make benefit payments to the claimant (id.). Where a carrier’s future…
2Cases cited4 opinions
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Burns v. VarrialeNew York Court of Appeals · 2007
- Briggs v. Kansas City Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- Bissell v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by9 opinions
- Auqui v. Seven Thirty One Ltd. PartnershipNew York Court of Appeals · 2013
- Town of Amherst v. HilgerAppellate Division of the Supreme Court of the State of New York · 2013
- Ronkese v. Tilcon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Claim of Stenson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Stenson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2012
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