Legal Opinion
Kelly v. State Insurance Fund
New York Court of Appeals
Decided October 27, 1983PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
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. In the present matter, therefore, it was proper for the Surrogate’s Court to have assessed the carrier’s equitable share of the costs of litigation as a percentage of the total of the amount of past benefits paid (which the carrier will recoup by enforcing its lien in that amount on…
2Cases cited6 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942
- Castleberry v. Hudson Valley Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- France v. Abstract Title Division of Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Van Deusen v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Burns v. VarrialeNew York Court of Appeals · 2007
- OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
- Circuit City Stores, Inc. v. BowerSupreme Court of Virginia · 1992
- Daly's CaseMassachusetts Supreme Judicial Court · 1989
- Burns v. VarrialeAppellate Division of the Supreme Court of the State of New York · 2006
65 more not listed; retrieve them via the Exa API.