Owen F. Burns III, Appellants v. James R. Varriale Jr., Defendant, and St. Paul/Travelers Insurance Company…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the present value of future workers’ compensation benefits for a claimant with a permanent partial disability is speculative and cannot be ascertained at the time of a third‑party recovery, therefore the claimant is not entitled to an immediate apportionment of attorney’s fees based on such future benefits; the court also affirmed the order extinguishing the carrier’s lien.