Bill Text: NY S00946 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to attorney's fees.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-12-31 - APPROVAL MEMO.164 [S00946 Detail]
Download: New_York-2021-S00946-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 946--B 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. GAUGHRAN, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to attorney's fees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 24 of the workers' compensation law, as amended by 2 chapter 494 of the laws of 1950, is amended to read as follows: 3 § 24. Costs and fees. 1. If the court before which any proceedings for 4 compensation or concerning an award of compensation have been brought, 5 under this chapter, determine that such proceedings have not been so 6 brought upon reasonable ground, it shall assess the cost of the 7 proceedings upon the party who has so brought them. 8 2. Claims of attorneys and counselors-at-law for legal services in 9 connection with any claim arising under this chapter, and claims for 10 services or treatment rendered or supplies furnished pursuant to subdi- 11 vision (b) of section thirteen of this [chapter] article, shall not be 12 enforceable unless approved by the board. [If] The board shall approve 13 such application in an amount commensurate with the services rendered 14 and the amount of compensation awarded, having due regard for the finan- 15 cial state of the claimant in accordance with each applicable provision 16 of the following schedule: 17 (a) When an award is made directing the continuation of weekly compen- 18 sation benefits for temporary total or partial disability, the attor- 19 ney's fee shall be one-third of one week's compensation. 20 (b) When an award is made that increases the amount of compensation 21 awarded or paid for a previous period or periods of temporary total or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03815-05-1S. 946--B 2 1 partial disability, the attorney's fee shall be fifteen percent of the 2 increased compensation. 3 (c) When an award is made for schedule loss of use or permanent facial 4 disfigurement pursuant to paragraphs a through t of subdivision three of 5 section fifteen of this article, the attorney's fee shall be fifteen 6 percent of the compensation due in excess of the employer or carrier's 7 previous payments. 8 (d) When an award is made for permanent total disability pursuant to 9 subdivision one of section fifteen of this article or permanent partial 10 disability pursuant to paragraph w of subdivision three of section 11 fifteen of this article, the attorney's fee shall be equivalent to 12 fifteen percent of the compensation due in excess of the employer or 13 carrier's previous payments, plus a sum equivalent to fifteen weeks of 14 compensation at the rate fixed by the board. 15 (e) When an award is made for death benefits pursuant to section 16 sixteen of this article, the attorney's fee shall be equivalent to 17 fifteen percent of the compensation due in excess of the employer or 18 carrier's previous payments, plus a sum equivalent to fifteen weeks of 19 compensation at the rate fixed by the board. 20 (f) When an award is made pursuant to section thirty-two of this arti- 21 cle, the attorney's fee shall be fifteen percent of any benefits to be 22 paid by the employer or carrier under the agreement. However, if the 23 attorney has previously been awarded a fee pursuant to this subdivision, 24 any un-accrued balance of any attorney fees under the foregoing para- 25 graphs shall be waived. 26 3. When so approved, such claim or claims shall become a lien upon the 27 compensation awarded, and upon any moneys ordered paid under an award by 28 the board into the special funds provided for in subdivision nine of 29 section fifteen[, subdivision nine,] and section twenty-five-a of this 30 article, and any other section of this chapter, but shall be paid there- 31 from only in the manner fixed by the board. Any other person, firm or 32 corporation who shall exact or receive fee or gratuity for any services 33 rendered on behalf of a claimant except in an amount determined by the 34 board, shall be guilty of a misdemeanor. Any person, firm or corporation 35 who shall solicit the business of appearing before the board on behalf 36 of a claimant, or who shall make it a business to solicit employment for 37 a lawyer in connection with any claim for compensation under this chap- 38 ter shall be guilty of a misdemeanor. In case an award is affirmed upon 39 an appeal to the appellate division, the same shall be payable with 40 interest thereon from the date when said award was made by the board 41 except as provided in section twenty-seven of this [chapter] article. 42 § 2. This act shall take effect immediately.
