S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8708
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 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 claims for
   attorney's fees; and to amend a chapter of the laws of  2021  amending
   the workers' compensation law relating to attorney's fees, as proposed
   in  legislative  bills  numbers S. 946-B and A. 1034-B, in relation to
   the effectiveness thereof

   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
 a chapter of the laws of 2021 amending  the  workers'  compensation  law
 relating  to  attorney's  fees  as proposed in legislative bills numbers
 S. 946-B and A. 1034-B, 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 article, shall not be enforceable
 unless approved by the board.   A WRITTEN  FEE  APPLICATION  ON  A  FORM
 PRESCRIBED  BY  THE BOARD SHALL BE FILED FOR ALL LEGAL FEES IN EXCESS OF
 ONE THOUSAND DOLLARS ($1,000.00.)  IN THE FEE APPLICATION  THE  ATTORNEY
 SHALL  SET  FORTH  THE CALCULATION USED TO DETERMINE THE FEE AND CERTIFY
 THAT THE AMOUNT IS IN ACCORDANCE WITH THE FOLLOWING PROVISIONS. THE FORM
 PRESCRIBED BY THE BOARD SHALL NOT REQUIRE A DESCRIPTION OF THE  SERVICES
 RENDERED  OR  TIME RECORDS IN CONJUNCTION WITH SUCH WRITTEN APPLICATION.
 THE ATTORNEY SHALL SET FORTH ON THE  RECORD  THE  SAME  CALCULATION  AND
 CERTIFICATION  IN  ALL  ORAL  FEE  APPLICATIONS  OF ONE THOUSAND DOLLARS
 ($1,000.00) OR LESS. The board shall approve such WRITTEN AND  SUBMITTED
 FEE application in an amount commensurate with the services rendered and
 the  amount of compensation awarded, having due regard for the financial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03815-06-2
 A. 8708                             2
 
 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
 TEMPORARY partial  disability,  the  attorney's  fee  shall  be  fifteen
 percent of the increased compensation.
   (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 APPROVED agreement, EXCEPT
 THAT BENEFITS  ALLOCATED  FOR  FUTURE  MEDICAL  EXPENSES  SHALL  NOT  BE
 INCLUDED  IN  THE  CALCULATION  OF THE FEE. However, if the attorney has
 previously been awarded a fee pursuant to this subdivision,  any  un-ac-
 crued  balance of any attorney fees under the foregoing paragraphs shall
 be waived.
   3.  IF A PRIOR ATTORNEY HAS BEEN SUBSTITUTED IN A MANNER PRESCRIBED BY
 THE BOARD, AND HAS SUBMITTED A FEE REQUEST, THE  BOARD  SHALL  DETERMINE
 THE AMOUNT OF FEES ALLOCATED TO ANY PRIOR ATTORNEY OUT OF THE TOTAL FEES
 AWARDED.
   4. 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 and section twenty-five-a of this article, and any other
 section of this chapter, but shall be paid therefrom 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 chapter 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 article.
 A. 8708                             3
 
   §  2. Section 2 of a chapter of the laws of 2021 amending the workers'
 compensation law relating to attorney's fees, as proposed in legislative
 bills numbers S. 946-B and A. 1034-B, is amended to read as follows:
   § 2. This act shall take effect [immediately] JANUARY 1, 2023.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner  as  a  chapter  of  the laws of 2021 amending the workers'
 compensation law relating to attorney's fees, as proposed in legislative
 bills numbers S. 946-B and A. 1034-B, takes effect.