Court of Appeals of New York

In proceeding to extinguish a lien asserted under Workers' Compensation Law section 29, the Court of Appeals holds 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.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

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Court

• Court of Appeals of New York

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