[Download] "Matter Elizabeth Kelly v. State Insurance Fund" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Elizabeth Kelly v. State Insurance Fund
- Author : Court of Appeals of New York
- Release Date : January 27, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
When a workers compensation claimant recovers damages in a third-party action, the compensation carriers 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 claimants recovery. In the present matter, therefore, it was proper for the Surrogates Court to have assessed the carriers 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 the recovery) and the present value of estimated future benefits to claimant (which the carrier will not have to pay because of claimants recovery).