Matter of Seales v Eastern Concrete Cutting Corp.

Summary

The New York Appellate Division, Third Department affirmed a Workers' Compensation Board decision reducing claimant's counsel fee from $28,500 to $20,000. The court held that the Board acted within its broad discretion under Workers' Compensation Law § 24 and that the reduction was not arbitrary, capricious, unreasonable, or an abuse of discretion.

Holdings

1. The Workers' Compensation Board did not abuse its discretion in awarding $20,000 rather than the requested $28,500 counsel fee.

Questions Presented

1. Whether the Workers' Compensation Board abused its discretion by reducing Schotter's requested counsel fee from $28,500 to $20,000.
2. Whether the Board adequately considered the fee application, the nature and extent of services rendered, the time expended, and the claimant's financial circumstances.

Disposition

affirmed