Burns v. Varriale
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.E
The primary issue on this appeal is whether the value of future workers’ compensation benefits to be awarded to a claimant with a nonschedule permanent, partial disability is speculative. We hold that it is and therefore reverse Supreme Court’s apportionment of counsel fees under Workers’ Compensation Law § 29 (1) based on such future benefits.
In January 2003, plaintiff Owen F. Burns III (hereinafter plaintiff), a traffic safety investigator for the Town of Colonie Police Department, was injured during the course of his employment when his police vehicle was…
2Cases cited20 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
- Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Matter of Matise v. Munro Waterproofing Co.New York Court of Appeals · 1944
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3Cited by11 opinions
- Burns v. VarrialeNew York Court of Appeals · 2007
- Claim of Kucuk v. Hickey Freeman Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Catapano v. Jaw, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Friedman v. New York City Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2010
- Hammer v. Turner Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
6 more not listed; retrieve them via the Exa API.