In Kelly v. State Ins. Fund, (60 NY2d 131) the Court of Appeals found that "it was proper for the Surrogate's Court to have assessed a [workers' compensation] carrier's share of the costs of litigation as a percentage of the total of the amount of past benefits paid (which the carrier will recoup by enforcing its lien in that amount on the recovery) and the present value of estimated future benefits to claimant (which the carrier will not have to pay because of claimant's recovery)" (see, Kelly v. State Ins. Fund, supra, 60 NY2d at 135).