Legal Opinion
Burns v. Varriale
New York Court of Appeals
Decided October 11, 2007PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
In this proceeding to extinguish a lien asserted pursuant to Workers’ Compensation Law § 29, we conclude, as did the Appellate Division, that the value of future workers’ compensation benefits for a claimant with a nonschedule permanent partial disability is speculative, that the present value of these benefits cannot be ascertained at the time claimant recovers damages in a third-party action, and that claimant is not entitled to an apportionment of attorney’s fees based on such future benefits.
Facts and Procedural History
In January 2000, claimant Owen Burns,…
2Cases cited10 opinions
- Becker v. Huss Co.New York Court of Appeals · 1978
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Matter of Matise v. Munro Waterproofing Co.New York Court of Appeals · 1944
- Claim of Meisner v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 1998
- Claim of Tipping v. National Surface Cleaning Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Raynor v. Landmark ChryslerNew York Court of Appeals · 2011
- Zamora v. New York Neurologic AssociatesNew York Court of Appeals · 2012
- Matter of Mancini v. Office of Children & Family Servs.New York Court of Appeals · 2018
- Claim of Collins v. Dukes Plumbing & Sewer Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Kucuk v. Hickey Freeman Co.Appellate Division of the Supreme Court of the State of New York · 2010
50 more not listed; retrieve them via the Exa API.