Claim of Marchese v. New York State Department of Correctional Services

Appeal from a decision of the Workers’ Compensation Board, filed July 10, 2000, which ruled that the fee of claimant’s attorneys should be paid in a particular manner.

Claimant sustained a work-related accident in October 1997 and, despite being out of work, continued to receive full wages from his employer. After claimant’s employment was terminated in December 1998, the employer’s workers’ compensation carrier began paying workers’ compensation benefits to claimant, initially at a total disability rate and later at a moderate partial disability rate. Following a hearing in February 2000,…