(Download) "William Castleberry v. Hudson Valley Asphalt Corp." by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: William Castleberry v. Hudson Valley Asphalt Corp.
Author : Supreme Court of New York
Release Date : January 28, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 88 KB

Description

This case raises a novel issue as to the proper standards to be applied in apportioning attorneys fees, pursuant to subdivision 1 of section 29 of the Workers Compensation Law, upon a third-party recovery by an injured employee. Stripped to its essentials, the question is whether the compensation insurance carrier should ordinarily contribute only in proportion to its actual benefit derived from the recovery (i.e., the satisfaction of its lien) or whether attorneys fees should be assessed against it not only for the "collection" of its lien but also upon the theory that the employees portion of the recovery inures