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.