S T A T E O F N E W Y O R K
________________________________________________________________________
8606
2017-2018 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 24 of the workers' compensation law, as amended by
chapter 494 of the laws of 1950, is amended to read as follows:
§ 24. Costs and fees. 1. If the court before which any proceedings for
compensation or concerning an award of compensation have been brought,
under this chapter, determine that such proceedings have not been so
brought upon reasonable ground, it shall assess the cost of the
proceedings upon the party who has so brought them.
2. Claims of attorneys and counselors-at-law for legal services in
connection with any claim arising under this chapter, and claims for
services or treatment rendered or supplies furnished pursuant to subdi-
vision (b) of section thirteen of this [chapter] ARTICLE, shall not be
enforceable unless approved by the board. [If] THE BOARD SHALL APPROVE
SUCH APPLICATION IN AN AMOUNT COMMENSURATE WITH THE SERVICES RENDERED,
WHETHER THE ATTORNEY OR LICENSED REPRESENTATIVE ENGAGED IN DILATORY
TACTICS OR FAILED TO COMPLY IN A TIMELY MANNER WITH BOARD RULES AND THE
AMOUNT OF COMPENSATION AWARDED, HAVING DUE REGARD FOR THE FINANCIAL
STATE OF THE CLAIMANT IN ACCORDANCE WITH EACH APPLICABLE PROVISION OF
THE FOLLOWING SCHEDULE:
(A) WHEN AN AWARD IS MADE DIRECTING THE CONTINUATION OF WEEKLY COMPEN-
SATION BENEFITS FOR TEMPORARY TOTAL OR PARTIAL DISABILITY, THE ATTOR-
NEY'S FEE SHALL BE ONE-THIRD OF ONE WEEK'S COMPENSATION.
(B) WHEN AN AWARD IS MADE THAT INCREASES THE AMOUNT OF COMPENSATION
AWARDED OR PAID FOR A PREVIOUS PERIOD OR PERIODS OF TEMPORARY TOTAL OR
PARTIAL DISABILITY, THE ATTORNEY'S FEE SHALL BE FIFTEEN PERCENT OF THE
INCREASED COMPENSATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10848-01-7
A. 8606 2
(C) WHEN AN AWARD IS MADE FOR SCHEDULE LOSS OF USE OR PERMANENT FACIAL
DISFIGUREMENT PURSUANT TO PARAGRAPHS A THROUGH T OF SUBDIVISION THREE OF
SECTION FIFTEEN OF THIS ARTICLE, THE ATTORNEY'S FEE SHALL BE FIFTEEN
PERCENT OF THE COMPENSATION DUE IN EXCESS OF THE EMPLOYER OR CARRIER'S
PREVIOUS PAYMENTS.
(D) WHEN AN AWARD IS MADE FOR PERMANENT TOTAL DISABILITY PURSUANT TO
SUBDIVISION ONE OF SECTION FIFTEEN OF THIS ARTICLE OR PERMANENT PARTIAL
DISABILITY PURSUANT TO PARAGRAPH W OF SUBDIVISION THREE OF SECTION
FIFTEEN OF THIS ARTICLE, THE ATTORNEY'S FEE SHALL BE EQUIVALENT TO
FIFTEEN PERCENT OF THE COMPENSATION DUE IN EXCESS OF THE EMPLOYER OR
CARRIER'S PREVIOUS PAYMENTS, PLUS A SUM EQUIVALENT TO FIFTEEN WEEKS OF
COMPENSATION AT THE RATE FIXED BY THE BOARD.
(E) WHEN AN AWARD IS MADE FOR DEATH BENEFITS PURSUANT TO SECTION
SIXTEEN OF THIS ARTICLE, THE ATTORNEY'S FEE SHALL BE EQUIVALENT TO
FIFTEEN PERCENT OF THE COMPENSATION DUE IN EXCESS OF THE EMPLOYER OR
CARRIER'S PREVIOUS PAYMENTS, PLUS A SUM EQUIVALENT TO FIFTEEN WEEKS OF
COMPENSATION AT THE RATE FIXED BY THE BOARD.
(F) WHEN AN AWARD IS MADE PURSUANT TO SECTION THIRTY-TWO OF THIS ARTI-
CLE, THE ATTORNEY'S FEE SHALL BE FIFTEEN PERCENT OF ANY BENEFITS TO BE
PAID BY THE EMPLOYER OR CARRIER UNDER THE AGREEMENT. HOWEVER, IF THE
ATTORNEY HAS PREVIOUSLY BEEN AWARDED A FEE PURSUANT TO THIS SUBDIVISION,
ANY UN-ACCRUED BALANCE OF ANY ATTORNEY FEES UNDER THE FOREGOING PARA-
GRAPHS SHALL BE WAIVED.
3. WHEN so approved, such claim or claims shall become a lien upon the
compensation awarded, and upon any moneys ordered paid under an award by
the board into the special funds provided for in SUBDIVISION NINE OF
section fifteen[, subdivision nine,] and section twenty-five-a OF THIS
ARTICLE, and any other section of this chapter, but shall be paid there-
from only in the manner fixed by the board. Any other person, firm or
corporation who shall exact or receive fee or gratuity for any services
rendered on behalf of a claimant except in an amount determined by the
board, shall be guilty of a misdemeanor. Any person, firm or corporation
who shall solicit the business of appearing before the board on behalf
of a claimant, or who shall make it a business to solicit employment for
a lawyer in connection with any claim for compensation under this chap-
ter shall be guilty of a misdemeanor. In case an award is affirmed upon
an appeal to the appellate division, the same shall be payable with
interest thereon from the date when said award was made by the board
except as provided in section twenty-seven of this [chapter] ARTICLE.
§ 2. This act shall take effect immediately.