§ 24 — Costs and fees

New York § 24

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 24. Costs and fees. 1. If the court before which any proceedings for\ncompensation or concerning an award of compensation have been brought,\nunder this chapter, determine that such proceedings have not been so\nbrought upon reasonable ground, it shall assess the cost of the\nproceedings upon the party who has so brought them.\n 2. Claims of attorneys and counselors-at-law for legal services in\nconnection with any claim arising under this chapter, and claims for\nservices or treatment rendered or supplies furnished pursuant to\nsubdivision (b) of section thirteen of this article, shall not be\nenforceable unless approved by the board. A written fee application on a\nform prescribed by the board shall be filed for all legal fees in excess\nof one thousand dollars ($1,000.00.) In the fee application the attorney\nshall set forth the calculation used to determine the fee and certify\nthat the amount is in accordance with the following provisions. The form\nprescribed by the board shall not require a description of the services\nrendered or time records in conjunction with such written application.\nThe attorney shall set forth on the record the same calculation and\ncertification in all oral fee applications of one thousand dollars\n($1,000.00) or less. The board shall approve such written and submitted\nfee application in an amount commensurate with the services rendered and\nthe amount of compensation awarded, having due regard for the financial\nstate of the claimant in accordance with each applicable provision of\nthe following schedule:\n (a) When an award is made directing the continuation of weekly\ncompensation benefits for temporary total or partial disability, the\nattorney's fee shall be one-third of one week's compensation.\n (b) When an award is made that increases the amount of compensation\nawarded or paid for a previous period or periods of temporary total or\ntemporary partial disability, the attorney's fee shall be fifteen\npercent of the increased compensation.\n (c) When an award is made for schedule loss of use or permanent facial\ndisfigurement pursuant to paragraphs a through t of subdivision three of\nsection fifteen of this article, the attorney's fee shall be fifteen\npercent of the compensation due in excess of the employer or carrier's\nprevious payments.\n (d) When an award is made for permanent total disability pursuant to\nsubdivision one of section fifteen of this article or permanent partial\ndisability pursuant to paragraph w of subdivision three of section\nfifteen of this article, the attorney's fee shall be equivalent to\nfifteen percent of the compensation due in excess of the employer or\ncarrier's previous payments, plus a sum equivalent to fifteen weeks of\ncompensation at the rate fixed by the board.\n (e) When an award is made for death benefits pursuant to section\nsixteen of this article, the attorney's fee shall be equivalent to\nfifteen percent of the compensation due in excess of the employer or\ncarrier's previous payments, plus a sum equivalent to fifteen weeks of\ncompensation at the rate fixed by the board.\n (f) When an award is made pursuant to section thirty-two of this\narticle, the attorney's fee shall be fifteen percent of benefits to be\npaid by the employer or carrier under the approved agreement, except\nthat benefits allocated for future medical expenses shall not be\nincluded in the calculation of the fee. However, if the attorney has\npreviously been awarded a fee pursuant to this subdivision, any\nun-accrued balance of any attorney fees under the foregoing paragraphs\nshall be waived.\n 3. If a prior attorney has been substituted in a manner prescribed by\nthe board, and has submitted a fee request, the board shall determine\nthe amount of fees allocated to any prior attorney out of the total fees\nawarded.\n 4. When so approved, such claim or claims shall become a lien upon the\ncompensation awarded, and upon any moneys ordered paid under an award by\nthe board into the special funds provided for in subdivision nine of\nsection fifteen and section twenty-five-a of this article, and any other\nsection of this chapter, but shall be paid therefrom only in the manner\nfixed by the board. Any other person, firm or corporation who shall\nexact or receive fee or gratuity for any services rendered on behalf of\na claimant except in an amount determined by the board, shall be guilty\nof a misdemeanor. Any person, firm or corporation who shall solicit the\nbusiness of appearing before the board on behalf of a claimant, or who\nshall make it a business to solicit employment for a lawyer in\nconnection with any claim for compensation under this chapter shall be\nguilty of a misdemeanor. In case an award is affirmed upon an appeal to\nthe appellate division, the same shall be payable with interest thereon\nfrom the date when said award was made by the board except as provided\nin section twenty-seven of this article.\n