Court of Appeals of New York

In a case in which a successful workers' compensation claimant obtained an award for future medical expenses against a third party, the Appellate Division's decision with respect to the compensation carrier's share of litigation costs is affirmed, where: 1) the future medical benefits that a compensation carrier has been relieved of paying due to a claimant's successful prosecution of a third-party action are so speculative that it would be improper to estimate and assess litigation costs against that benefit to the carrier; so 2) the carrier need only pay its equitable share of attorney's fees and costs incurred by a claimant once the claimant incurs and pays each medical expense.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Alan D. Voos, Hal Friedman