IN RE ELIZABETH SEICKEL, pet-res, v. STATE INSURANCE FUND Respondents-ap

8978. IN RE ELIZABETH SEICKEL, pet-res, v. STATE INSURANCE FUND Respondents-ap — Weiss, Wexler & Wornow, P.C., New York (Michael J. Reynolds of counsel), for ap — Grey & Grey, L.L.P., Farmingdale (Robert E. Grey of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 2, 2011, which, to the extent appealed from as limited by the briefs, granted the petition to extinguish respondents’ lien pursuant to Workers’ Compensation Law §29, and determined respondents’ equitable share of petitioner’s litigation costs and directed respondents to reimburse petitioner in that amount, unanimously modified, on the law, to vacate the determination of respondents’ equitable share of the litigation costs and the direction to reimburse petitioner in that amount, and remand the matter for recalculation of respondents’ share of the litigation costs in accordance herewith, and otherwise affirmed, without costs.

Petitioner’s projected future medical expenses are too speculative to be considered in calculating the total benefit to respondents from her recovery in the litigation (Matter of Bissell v. Town of Amherst, 18 NY3d 697 [2012]). Thus, respondents’ equitable share of petitioner’s litigation costs must be recalculated (see Burns v. Varriale, 9 NY3d 207, 215 n 4 [2007]).