S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8653
 
                             I N  S E N A T E
 
                               July 1, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04871-01-9

 S. 8653                             2
 
 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.