Bill Text: NY A08606 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to attorney's fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to labor [A08606 Detail]

Download: New_York-2017-A08606-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8606
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      July 10, 2017
                                       ___________
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
        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  whether  the  attorney  or  licensed  representative engaged in dilatory
    15  tactics or failed to comply in a timely manner with board rules and  the
    16  amount  of  compensation  awarded,  having  due regard for the financial
    17  state of the claimant in accordance with each  applicable  provision  of
    18  the following schedule:
    19    (a) When an award is made directing the continuation of weekly compen-
    20  sation  benefits  for  temporary total or partial disability, the attor-
    21  ney's fee shall be one-third of one week's compensation.
    22    (b) When an award is made that increases the  amount  of  compensation
    23  awarded  or  paid for a previous period or periods of temporary total or
    24  partial disability, the attorney's fee shall be fifteen percent  of  the
    25  increased compensation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10848-01-7
        A. 8606                             2
     1    (c) When an award is made for schedule loss of use or permanent facial
     2  disfigurement pursuant to paragraphs a through t of subdivision three of
     3  section  fifteen  of  this  article, the attorney's fee shall be fifteen
     4  percent of the compensation due in excess of the employer  or  carrier's
     5  previous payments.
     6    (d)  When  an award is made for permanent total disability pursuant to
     7  subdivision one of section fifteen of this article or permanent  partial
     8  disability  pursuant  to  paragraph  w  of  subdivision three of section
     9  fifteen of this article, the  attorney's  fee  shall  be  equivalent  to
    10  fifteen  percent  of  the  compensation due in excess of the employer or
    11  carrier's previous payments, plus a sum equivalent to fifteen  weeks  of
    12  compensation at the rate fixed by the board.
    13    (e)  When  an  award  is  made  for death benefits pursuant to section
    14  sixteen of this article, the  attorney's  fee  shall  be  equivalent  to
    15  fifteen  percent  of  the  compensation due in excess of the employer or
    16  carrier's previous payments, plus a sum equivalent to fifteen  weeks  of
    17  compensation at the rate fixed by the board.
    18    (f) When an award is made pursuant to section thirty-two of this arti-
    19  cle,  the  attorney's fee shall be fifteen percent of any benefits to be
    20  paid by the employer or carrier under the  agreement.  However,  if  the
    21  attorney has previously been awarded a fee pursuant to this subdivision,
    22  any  un-accrued  balance  of any attorney fees under the foregoing para-
    23  graphs shall be waived.
    24    3. When so approved, such claim or claims shall become a lien upon the
    25  compensation awarded, and upon any moneys ordered paid under an award by
    26  the board into the special funds provided for  in  subdivision  nine  of
    27  section  fifteen[,  subdivision nine,] and section twenty-five-a of this
    28  article, and any other section of this chapter, but shall be paid there-
    29  from only in the manner fixed by the board. Any other  person,  firm  or
    30  corporation  who shall exact or receive fee or gratuity for any services
    31  rendered on behalf of a claimant except in an amount determined  by  the
    32  board, shall be guilty of a misdemeanor. Any person, firm or corporation
    33  who  shall  solicit the business of appearing before the board on behalf
    34  of a claimant, or who shall make it a business to solicit employment for
    35  a lawyer in connection with any claim for compensation under this  chap-
    36  ter  shall be guilty of a misdemeanor. In case an award is affirmed upon
    37  an appeal to the appellate division, the  same  shall  be  payable  with
    38  interest  thereon  from  the  date when said award was made by the board
    39  except as provided in section twenty-seven of this [chapter] article.
    40    § 2. This act shall take effect immediately.