The New York Court of Appeals granted leave to appeal in Burns v. Varriale. The appeal addresses the following workers' compensation law issue: whether the value of future workers' compensation benefits to be awarded to a claimant with a nonscheduled permanent, partial disability is speculative. The Appellate Division, Third Department held that the value is speculative.
The appeal will impact the way courts apportion a workers' compensation carrier's share of litigation costs a worker expends in commencing a successful lawsuit against a third party regarding the injury. This case puts a glean on an older New York Court of Appeals' case, Matter of Kelly v. State Ins. Fund, 60 N.Y.2d 131 (1983).
We will keep you apprised of when oral arguments will be held, and hopefully I can obtain the briefs to post.