2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 24 - Costs and Fees.

§ 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
subdivision  (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
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
compensation  benefits  for  temporary  total or partial disability, the
attorney'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
article, the attorney's fee shall be fifteen percent of 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-accrued  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.