Claim of Bell v. Genesee Inn
In the Matter of the Claim of Rosemary Bell v. Genesee Inn, Workers' Compensation Board
Full Opinion (html_with_citations)
Appeal from a decision of the Workersâ Compensation Board, filed September 29, 2005, which awarded counsel fees to claimantâs attorney.
Claimant suffered injuries in a work-related accident, the par
We affirm. âWorkersâ Compensation Law § 24 vests in the Board broad discretion with regard to the approval of counsel fees, and such approval will be disturbed by this Court only if it is arbitrary, capricious, unreasonable or otherwise constitutes an abuse of the Boardâs discretionâ (Matter of Pavone v Ambassador Transp., Inc., 26 AD3d 645, 646-647 [2006] [citations omitted]; see 12 NYCRR 300.17 [f]). No such showing has been made here. Indeed, the record reflects that this matter was settled by stipulation over a modest period of time and, as the WCLJ aptly observed, without extensive litigation. Under such circumstances, we perceive no abuse of the Boardâs discretion as to the fee awarded.
As to claimantâs contentions regarding the constitutionality of Workersâ Compensation Law § 24, although carefully couched as an âas appliedâ challenge, it is apparent that the crux of claimantâs argument is directed to the constitutionality of the statute itself. In this regard, that very issue has been addressed and resolved by the Court of Appeals (see Crosby v State of N.Y., Workersâ Compensation Bd., 57 NY2d 305, 308 [1982]) and, as we previously have held, â[w]hatever remaining infirmities may exist in the statutory scheme is a matter for the Legislature to resolveâ (Matter of Donhauser v McLane Northeast, 304 AD2d 1017, 1018 [2003], lv denied 100 NY2d 514 [2003]).
Mercure, J.E, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.