Reseña de Matter Claim Frank B. Baranowski Et Al. v. Endicott Johnson Corporation

Matter Claim Frank B. Baranowski Et Al. v. Endicott Johnson Corporation de Supreme Court of New York Resumen del Libro

Appeal from a decision of the Workmen's Compensation Board fixing attorneys' fees in the sum of $500, on the ground of inadequacy therefor. When the Referee rendered a decision that claimant had a causally related disability and made an award, appellant attorneys were allowed $150, the maximum permitted because they had not submitted an appropriate application thereof. Review was had and the board fixed the fee at $500. Upon this appeal, they seek to have the fee increased to $1,750, contending that the board's decision thereon was capricious and unreasonable. The record does not reveal the existence of any unusual or complicated questions in the prosecution of the claim. Rule 16 of the Rules and Procedures under the Workmen's Compensation Law prescribes as follows (12 NYCRR 300.16 [d]): ""(d) Whenever an award is made to a claimant who is represented by an attorney or a licensed representative with fee, and a fee is requested, the board in such case shall approve a fee in an amount commensurate with the services rendered and having due regard for the financial status of the claimant. In no case shall the fee be based solely on the amount of the award."" The record discloses that the fee allowed comes within the limits permitted by the rule and further that there were ""no unusual or particularly novel problems which would justify us in finding the board abused its discretion"" (Matter of Lipiarz v. International Milling Co., 285 App. Div. 1092); and as we stated in Matter of Mathiez v. Meyer (6 A.D.2d 741), ""the determination was not so shocking that we may say as a matter of law, that the board's determination * * * was arbitrary, capricious or unreasonable"". Disposition Decision affirmed, without costs.

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