Workers' Compensation Lawyer Lectures about Kelly Calculations at Suffolk County Bar Association
On Monday, November 13th, I will be lecturing at the Suffolk County Bar Association’s Plaintiff’s Personal Injury Committee on the always confusing subject of Workers’ Compensation Law Sec. 29, liens, consent and Kelly calculations. The Kelly calculation formula derives from the seminal New York Court of Appeals decision in Kelly v. State Insurance Fund, 60 NY2d 131 (1983). The Kelly case said that the workers’ compensation carrier must pay it’s equitable share of the claimant’s litigation costs based upon their "total benefit" from the claimant’s recovery. This "total benefit" includes both the amount of the lien they recoup and the present value of future workers’ comp benefits they will not have to pay (credit/offset rights) due to the claimant’s recovery. We will be handing out a Kelly Calculation Worksheets that personal injury lawyers can use and will practice on several hypothetical cases. Bring your calculators!
In addition, we will discuss the impact of the recent Appellate Division case of Burns v. Varriale, 2006 Slip Op. 6346 (3d Dept.) which states that Kelly may not apply in some permanent partial disability cases. My friend and fellow New York legal blogger Matt Lerner at the New York Civil Law Blog has an excellent synopsis of Burns, as does fellow workers’ comp attorney Ray Seligman in the Albany Bar Association newsletter – so the issue is hot.
The seminar panel will include notable experts such as Leonard Tartamella, Esq. giving the Personal Injury attorney’s perspective and Robert Manning, Esq. giving the workers’ compensation defense counsel perspective. It starts at 6:00pm and is worth three continuing legal education credits. Call the Suffolk Academy of Law on Monday at (631) 234-5588 if you would like to sign up. There are still a few seats left.