An insurance carrier must pay a worker's attorney fees continuously following a subrogation recovery, a court ruled. In Owen F. Burns, III et al., v. James R. Varriale Jr., the New York Court of Appeals affirmed a trial court's discretion to "fashion a means of apportioning litigation costs as they accrue and monitoring ... how the carrier's payments are made." Owen Burns, a traffic safety investigator with the Colonie Police Department, was on duty and driving to an accident scene in January 2000 when he was involved in an accident with James Varriale. Burns had various permanent ...
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