« August 2007 | Main | October 2007 »

September 2007 Archives

September 2, 2007

New York Court of Appeals Will Hear Burns v. Varriale

On Tuesday, September, 4, 2007, the New York Court of Appeals will address an extremely important issue concerning workers' compensation practice. The appeal -- Burns v. Varriale -- 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).

The Court will likely hand down a decision during October Session.

September 24, 2007

New Material from Automobile Liability Committee

Our very own Ken Krajewski has recently posted some valuable information on "serious injury" and case law concerning automobile liability on TICL's Webpage. You can find those documents posts under "Committee Web Pages" ---> "Automobile Liability."

These are the new documents:

Serious Injury In SUM Claims;
Serious Injury Threshold Sept. 2007; and
CPLR 5002/Serious Injury Threshold.

About September 2007

This page contains all entries posted to Torts, Insurance and Compensation Law Weblog in September 2007. They are listed from oldest to newest.

August 2007 is the previous archive.

October 2007 is the next archive.

Many more can be found on the main index page or by looking through the archives.