Governor Cuomo Announces Significant new Protections for World Trade Center Workers

Governor Andrew M. Cuomo today announced World Trade Center workers who performed rescue, recovery and clean-up in the year after 9/11 now have significant new protections for workers’ compensation benefits. The World Trade Center Registry was reopened and the deadline for joining extended to September 11, 2014; certain previously time-barred World Trade Center claims are being reopened and considered timely; and qualifying health conditions were added to the law.

“New York State is committed to caring for those who stood up in the face of danger to assist in the rescue and recovery efforts during and after the horrific attacks at the World Trade Center,” Governor Cuomo said. “That is why we are providing new protections for the workers, including first responders, clean-up crews and volunteers, who answered the call for help and ensuring they have access to workers’ compensation benefits for the future. I urge those who worked at Ground Zero and other recovery sites to file a WTC-12 form today to apply for the benefits they deserve.”

Filing a WTC-12 form with the Workers’ Compensation Board preserves the workers’ compensation rights for those who performed rescue, recovery and clean-up after the World Trade Center attacks. The State again urges those who worked at Ground Zero, the Fresh Kills Landfill, on the barges, the piers and the morgues to file a WTC-12 form, no matter if they were injured or not and whether they were employed or volunteered.

The last national Tell Us You Were There campaign ended with 41,094 filings received by the previous Sept. 13, 2010, deadline. As part of a new law signed by Governor Cuomo, any WTC-12 filings received after that date are now consider timely.

The Board will also review its files to locate any World Trade Center claims previously disallowed as “untimely” under Workers’ Compensation Law Secs. 18 and/or 28 or from failure to file a timely WTC-12 form. The Board will, under its own initiative, now reconsider those particular World Trade Center claims “timely.”

A detailed list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery and clean-up operations was also added. The categories are diseases of the:

• Upper respiratory tract and mucosae;
• Lower respiratory tract;
• Gastroesophageal tract;
• Psychological axis; and
• New onset diseases that develop in the future resulting from exposure.

“When New Yorkers needed their help, 9/11 rescue, recovery, and cleanup workers selflessly answered the call,” President of the New York State AFL-CIO Mario Cilento said. “It's incumbent upon us, as a state, to be there for them now and in the future as we continue to learn more about the growing impact of their exposure. We commend Governor Cuomo and the Legislature for ensuring that critical treatment and benefits will be available for the heroes who served in the aftermath of 9/11.”

“The enactment of this legislation is a major victory for those who worked in rescue, recovery and cleanup operations following the attack on the World Trade Center,” Executive Director Joel Shufro of the New York Committee for Occupational Safety and Health said. “By extending the deadline to register to file a claim for another year and reinstating those whose registrations were previously time barred, many workers who develop WTC related illnesses with long latency periods will be eligible to file for benefits under New York State’s Workers’ Compensation Law. The enactment of this legislation is an act of justice and equity and the legislature should be congratulated for passing the legislation and the governor for signing it.”

“As an injured worker as of the result of working at Ground Zero, I know firsthand what this important piece of legislation means to those who are sick or injured from their heroic actions. This will bill not only provides those sick or injured the opportunity to apply for benefits, but more importantly it gives them hope that our Governor still cares about yesterday's heroes,” John Feal, founder of the FealGood Foundation, said.

Governor Cuomo is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To achieve this, at his direction the Board has:
Contacted previously untimely filers;

Translated the WTC-12 form into seven languages other than English;

Reopened a dedicated phone line for World Trade Center workers, 1 855 WTC-2014 (1 855 982-2014);

Relaunched the web page www.wcb.ny.gov/WTC12 for World Trade Center workers; and
Planned outreach to workers and groups representing World Trade Center workers.

All these worker protections were added to Workers’ Compensation Law Article 8-A.

The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September 2001.
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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The World Trade Center Registry Opened Again to Register 9-11 Workers

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers' Compensation Law under Article 8-A. The legislation extends and enhances workers' compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law. Reopening of Registry and Extension of Filing Period for Form WTC-12 The World Trade Center Registry, which preserves workers' compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely. Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers' Compensation Board (Board). This registration will preserve workers'...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Read About the Zadroga 9-11 Fund

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Benefits Available Under the Zadroga 9/11 Victim Compensation Fund

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:

1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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• OSHA Identifies Hazards and Risks of World Trade Center 911 Worksite
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• EPA Downplayed 9-11 Aftermath Toxic Exposures
• World Trade Center Health Registry to Record Those Exposed on 911 for Medical Followup
• Who is Considered a "WTC Responder" under the Zadroga 9/11 Act

Additional Resources

• Implementation of the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L. 111-347) 76 FR 7862; 2/11/11  [PDF - 174 KB]
• "'James Zadroga 9/11 Health and Compensation Act of 2010';" 1/5/10  [PDF - 300 KB]

GAO Report on Adding Cancers to WTC Covered Conditions

Next week marks the anniversary of the terrorist attacks on the United States including the World Trade Center. The program for medical surveillance and compensation continues to proceed to benefit first responders and those in the immediate area of the New York City attack on 9-11.
Today's post is shared from cdc.gov

The World Trade Center (WTC) Health Program was established by the James Zadroga 9/11 Health and Compensation Act of 2010 (Act), and is administered by the National Institute for Occupational Safety and Health (NIOSH). The Program provides medical monitoring and treatment at no cost for enrolled responders at the WTC and related sites in New York City, Pentagon, and Shanksville, PA. It also provides services for enrolled survivors who were in the New York City disaster area. Health conditions, such as types of cancer, can be added to the list of WTC-related covered conditions after a valid petition has been received and the scientific evidence for causation by exposures at the attack sites is analyzed.

In September of 2011, the Administrator of the WTC Health Program, Dr. John Howard, received a petition from nine New York members of Congress asking him to consider adding cancer to the List. The Administrator reviewed the petition and requested the advice of the WTC Scientific/Technical Advisory Committee (STAC), which provided recommendations to add specific types of cancer. After reviewing the STAC’s recommendation, evaluating the available science, and considering public comment on a proposed rule, in 2012 the Administrator published a final rule which added certain types of cancer to the List and explained the approach used to add the types of cancer.

Recently, the U.S. Government Accountability Office (GAO) evaluated the World Trade Center Health Program’s approach to adding cancers to the List [see:http://www.gao.gov/products/GAO-14-606]. The GAO found that the Administrator used a hazard-based, multiple-method approach to determine whether to add cancers to the WTCHP list of covered conditions for which treatment may be provided. Experts who participated in a meeting held by GAO indicated that the Administrator’s approach was reasonable but could be improved. The GAO reports:

• According to these experts, a hazard-based approach focuses on identifying whether particular “hazards”—sources of potential harm—are associated with certain health conditions, and does not attempt to quantify the risks of developing those health conditions. The Administrator’s approach used four methods to determine whether there was an association between a September 11 exposure and a specific cancer, and thus, whether to add that cancer to the list.
• The experts considered the approach reasonable given the WTCHP certification process for enrollees to obtain coverage for treatment for a condition on the list, the lack of data related to exposure levels and risks, and the use of similar approaches by previous federal compensation programs.
• The experts indicated the approach could have been communicated more clearly. For example, the description of the approach in rulemaking did not clearly articulate how decisions would be made when evidence under one method supported adding a cancer type to the list, and evidence under a different method did not. The Administrator noted that this omission was an oversight. Since the Administrator plans to use the same approach in future cancer-related decision making, the absence of a clear description can lead to questions about the credibility and equity of the program.
• According to the experts, an independent peer review process similar to that used in other federal compensation programs could improve the approach. According to the Administrator, this was not feasible due to time constraints imposed by law. A process through which an independent party assesses the validity of the information upon which decisions are being made and that rationales for decisions are clearly described could help ensure the credibility of the Administrator’s approach.

NIOSH Seeks Information About World Trade Center Cancer Claims

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The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347). 

In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program.

The WTC Program Administrator is requesting information on the following:

• (1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer; 
• (2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud on 9/11/01; and 
• (3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions. 

DATES: Comments must be received by March 31, 2011. ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods: 

• Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. 
• Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH-227 will close on March 31, 2011. 

All comments received will be available on the NIOSH Docket Web page at http:// www.cdc.gov/niosh/docket by April 30, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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World Trade Center Health Program Scientific/Technical Advisory Committee To Meet

World Trade Center Health Program Scientific/Technical Advisory Committee (WTCHP STAC or Advisory Committee), National Institute for Occupational Safety and Health (NIOSH) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned committee:

Committee Public Meeting Times and Dates: (All times are Eastern Standard Time) 

• 8:15 a.m.-5 p.m., November 9, 2011, 
• 8 a.m.-12 p.m., November 10, 2011. 

Public Comment Times and Dates: (All times are Eastern Standard Time) 

• 3:15 p.m.-4:15 p.m., November 9, 2011,
• 8:15 a.m.-9:15 a.m., November 10, 2011.

Place: Jacob K. Javits Federal Building, 26 Federal Plaza, New York, New York, 10278.

Background: The Advisory Committee was established by Public Law
111-347 (The James Zadroga 9/11 Health and Compensation Act of 2010, Title XXXIII of the Public Health Service Act), enacted on January 2, 2011 and codified at 42 U.S.C. 300mm-300mm-61.

Purpose: The purpose of the Advisory Committee is to review scientific and medical evidence and to make recommendations to the World Trade Center (WTC) Program Administrator regarding additional WTC Health Program eligibility criteria and potential additions to the list of covered WTC-related health conditions. Title XXXIII of the Public Health Service Act established within the Department of Health and Human Services (HHS), the World Trade Center (WTC) Health Program, to be administered by the WTC Program Administrator. The WTC Health Program provides: 

(1) Medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are Federal employees) who responded to the September 11, 2011, terrorist attacks, and 

(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City, who were directly impacted and adversely affected by such attacks (``survivors'').

Matters to be Discussed: The agenda for the Advisory Committee meeting includes: WTC Health Program Overview; Panel Presentations from WTC Responders and Survivors; Presentations from WTC Health Program Medical Monitoring and Treatment Programs and Health Registry; and discussion regarding ways and means of accomplishing the committee's work.

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Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Zadroga Fund Cancer Claims Info Sought by NIOSH

On March 8, 2011, the Director of the National Institute of Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) published a notice in the Federal Register (76 FR 12740) requesting information from the public on three questions regarding conditions relating to cancer for consideration under the World Trade Center Health Program. Written comment was to be received by March 31, 2011. NIOSH has received comment about extending the request for information to include persons living and working in the affected area. In consideration of that comment, the Director of NIOSH is modifying one of the questions posed in the Federal Register and extending the public comment period to April 29, 2011.

ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods: Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov.

All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH- 227 will close on April 29, 2011. All comments received will be available on the NIOSH Docket Web page at http://www.cdc.gov/niosh/ docket, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347). In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program. 

The WTC Program Administrator is requesting information on the following: 

• (1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer; 
• (2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud, gases and vapors on 9/11/01 and those living and working in the affected area; and 
• (3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions.

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Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program

Many victims of the 9-11 World Trade Center terorist attack have not yet sought medical care nor filed a claim for benefits. Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov

Glenn, a retired New York City police officer, shares how the World Trade Center Health Program helped him regain his health. Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition. NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify. The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe...

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Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits

Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits
Workers' Compensation Board Chair Donna Ferrara applauded the New York State Legislature and Governor Eliot Spitzer for giving World Trade Center responders until August 2008 to file the paperwork needed to claim workers' compensation benefits if they become ill in the future.

"Those who responded to the 9/11 disaster as workers or volunteers have another year to let us know they were on site," Ferrara said. "We want to make sure they preserve their eligibility should they become ill in the future. I congratulate the Legislature and Governor Spitzer for their swift action in passing and signing into law this very important legislation."

The law (S.4067/A.4940), which went into effect July 3, 2007, allows people who worked or volunteered at the World Trade Center to register with the Workers' Compensation Board and reserve the right to claim benefits if they become ill at a later date. It amends workers' compensation law §162 by giving those who participated in the rescue, recovery and clean-up until Aug. 14, 2008, to file a WTC-12 form.

While it is unclear how many people participated in the rescue, recovery and clean-up of the World Trade Center, more than 19,000 people have filed a WTC-12 form, registering as responders and volunteers.

For more information, or to download a copy of the form, visit http://www.wcb.state.ny.us

Sanders Proposes Universal Health Care: The Path to Federalization

Presidential candidate Bernie Sanders has announced a plan to move forward with a Universal Medical Care program in the US. The concept will absorb the nation's ailing the medical workers' compensation delivery system into a universal care system.

World Trade Center dust and 9/11 first responders with cancer, time for U.S. Government to stop withholding benefits

Guest Blog By Edgar Romano*

Many courageous first responders, who saved lives at Ground Zero, have since been diagnosed with cancer, and yet the U.S. government does not pay for their treatment. This Saturday, September 10, CNN will air Terror In The Dust, an investigation by chief medical correspondent Dr. Sanjay Gupta into the consequences of the deadly dust produced by the World Trade Center’s collapse. Gupta speaks with 9/11 heroes and medical experts about the consequences of the carcinogen-filled dust.

A new study released earlier this week by the New York City Fire Department provides good evidence of a link between 9/11 first responders and cancer. The study showed a 32% greater incidence of cancer among firefighters who worked at Ground Zero than those who did not.

"The NIOSH study concluded that the 9/11 debris did contain known carcinogens."

The U.S. government does not pay for cancer treatments of 9/11 first responders. This is because the administrators of the James Zadroga 9/11 Health and Compensation Act made a determination not to cover cancer, based on a study by the National Institute for Occupational Safety and Health (NIOSH). The NIOSH study, published in July 2011 concluded that while the 9/11 debris did contain known carcinogens, first responders were not exposed to dangerous levels. The New York City Fire Department study provides new evidence that, hopefully, will cause lawmakers to reevaluate their decision.

"It took 25 years to draw that connection between asbestos and mesothelioma, and in that time a lot of people died who might otherwise have been screened, treated, and might otherwise have been saved."

In an interview yesterday with John Stewart, a long-time supporter of the first responders and their cause, Dr. Gupta noted that “It took 25 years to draw the connection between asbestos and mesothelioma” and in that 25-year period, many people died without proper care or screening.

Dr. Gupta expressed hope that the Zadroga bill administrators would immediately acknowledge the newly released scientific evidence and give the go-ahead to compensate first responders who have since been diagnosed with cancer. Dr. Gupta also stated that if the link between the World Trade Center’s dust and cancer were officially acknowledged by the Zadroga bill administrators, early screenings for other responders could be authorized, potentially saving lives.

Representatives Charles Rangel, Carolyn Maloney, Jerrold Nadler, Peter King, and Steve Israel have filed a petition with the Zadroga bill Program Administrator that will require him to consider within 60 days whether or not to add coverage for cancers under the Zadroga Act. NIOSH does not plan to release a follow up study until July 2012.

We all owe a debt of gratitude to these first responders. We encourage everyone out there to watch Terror In The Dust, Dr. Gupta’s documentary on environmental hazards at Ground Zero, on September 10, 9:00 p.m. ET.

EDGAR ROMANO received his undergraduate degree cum laude from Brandeis University and his Juris Doctorate from The John Marshall Law School. He is a Senior Partner in the Workers' Compensation Department and has been with the firm since 1995. Mr. Romano is actively engaged in litigating workers compensation claims including those claims arising out of occupational exposure to asbestos and industrial irritants. He has lectured extensively to labor unions and medical providers. Mr. Romano isPresident of the Workers Injury Law and Advocacy Group and is on the Board of Directors of the New York State Workers' Compensation Bar Association. He is a member of the Leader's Forum of the American Association of Justice and Vice-President of the Workers' Compensation Section. He is a member of theNew York State Bar Association, the New York State Trial Lawyers Association, the Jewish Lawyer's Guild, and NYCOSH. Mr. Romano serves on the Advisory Committee of the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital. He is listed in "Who's Who in American Law"..

Mr. Edgar Romano was selected as one of the "Workers' Compensation Notable People for 2008". These selections are made by the LexisNexis Workers' Compensation Law Center, who state that "These exceptional people have worked tirelessly on behalf of their clients and others and have made significant contributions to the workers' compensation system and/or the workplace". For the complete story go to LexisNexis Workers' Compensation. He blogs regularly at Workers' Law Watch where this posted appeared originally on September 8, 2011.

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• NIOSH Fails to Link Cancer as Zadroga Fund Compensable (workers-compensation.blogspot.com)
• For 9/11 first responders, inadequate medical assistance an insult to heroism (nj.com)
• Lawmakers: Zadroga Act should cover cancer (nydailynews.com)
• What Was in the World Trade Center Plume? [Interactive] (scientificamerican.com)
• For sickened workers, 9/11 never ends (cbsnews.com)

Senator Gillibrand: We Have a Moral Obligation to Care for 9/11 Heroes, Survivors & Their Families

As the Zadroga Act slowly journeys to expiration, Senator Kristen Gillibrand (D-NY) declared that, “We Have a Moral Obligation to Continue to Provide the Critically Needed Care and Compensation That Our 9/11 Heroes, Survivors and Their Families Deserve."

US Department of Labor Urges Major Changes in the Nation's Workers' Compensation System

As The Path to Federalization of the US workers' compensation system broadens, the US Department of Labor has published a report urging expansion of the Federal role in reforming the entire patchwork of state systems. As the Presidential Election Cycle moves ahead, the ultimate outcome will impact the the nation's struggling workers' compensation scheme. Based on historical statements both "Hillarycare" or "Trump Medical," (lead by his advisor, Former Speaker Newt Gingrich,  will focus on this issue. See  my prior blog posts below.

NJ Governor Murphy Signs Legislation to Protect First Responders, Including 9/11 Volunteers

On July 8, 2019, Governor Phil Murphy signed A4882 and S716 into law, which will enhance protections for first responders, including those who volunteered for 9/11 rescue, recovery, and clean-up efforts at World Trade Center sites.

“Thousands of courageous volunteers put their lives on the line in order to save those affected by the devastation of 9/11,” said Governor Murphy. “We will never forget their selfless acts of heroism, just as we will always be grateful for the first responders who put their lives on the line for us every day. Today we send a clear message to all of our heroes: We have your back. I am proud to sign legislation that will ensure the health benefits and compensation that these incredible men and women deserve.”

A4882, also known as “the Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act,” is named after Lieutenant Bill Ricci, a professional firefighter in Clifton, Passaic County, who volunteered to serve at Ground Zero after the terrorist attacks on September 11, 2001. Lieutenant Ricci was ineligible for an accidental disability retirement under previously existing law. However, through this act, members and retirees who volunteered for 9/11 rescue, recovery, or cleanup operations, like Lieutenant Ricci, will be eligible to receive accidental disability retirement. This act will also create an exception to the normal five-year filing requirement for 9/11-related operations.

S716, also known as “the Thomas P. Canzanella First Century First Responders Protection Act,” is named after Deputy Chief Thomas P. Canzanella, a former Hackensack firefighter and advocate who served at Ground Zero after 9/11. Deputy Chief Canzanella, who was an IAFF state representative, passed away from a heart attack at the age of 50. In 2016, Governor Christie absolute vetoed a previous version of this bill.

Under previously existing law, first responders and firefighters had the burden of proving causation for their illnesses, which often required a significant expense of time and resources. This new law reforms New Jersey’s workers’ compensation law to create a rebuttable presumption of coverage for public safety workers for certain illnesses. For firefighters, those with seven or more years of service who suffer an injury, illness or death caused by certain types of medical conditions would not be required to demonstrate causation or exposure before receiving medical benefits and financial compensation. Other first responders, including first-aid or rescue squad members, police, corrections officers, nurses, medical technicians, and other medical personnel, are also not required to demonstrate causation of illnesses, but are required to provide evidence of exposure.

“The Labor Department works hard to ensure that workers receive all the benefits they are entitled to under the law, and this is especially true for our first-responders,” said New Jersey Department of Labor and Workforce Development Commissioner Robert Asaro-Angelo. “I’m proud to see that New Jersey’s brave men and women on the front lines, who run toward danger to keep the rest of us safe, will now have access to benefits if they become sick or disabled as a result of their heroism on 9/11, and will be taken care of in any future emergency.”

“I am glad that the lawmakers were able to come together on this so quickly to help us,” said Lieutenant Bill Ricci, City of Clifton Firefighter. “It’s great how there were changes made on the fly to help more people as they became aware of the need. Hopefully, only a few will require this legislation, but it’s here now to help all that need it.”

“My family is so honored and so grateful to stand here today. It’s been a very long 12 years without him but to see that this work is going to help so many people is just so powerful,” said Allison Canzanella, daughter of Thomas P. Canzanella. “And, I’m just so proud to be his daughter every single day. Thank you.”

“Today, with the signing of the “Thomas P. Canzanella 21st Century First Responders Protection Act,” Firefighters, first responders, public safety workers, and their families in New Jersey will benefit in the event of an injury, illness or death in the performance of their duties,” said Dominick Marino, President of the Professional Firefighters Association of New Jersey. “On behalf of the PFANJ Executive Board, its members, and their families, I want to thank Assemblywomen Quijano and Senator Greenstein for sponsoring and working to get the “Thomas P. Canzanella 21st Century First Responders Protection Act” passed and thank Governor Murphy for signing it into law.”

“The IAFF is proud to see New Jersey recognizing the dangers of occupational cancer our members encounter,” said Harold Schaitberger, General President of the International Association of Fire Fighters. “The “Thomas P. Canzanella Twenty First Century First Responders Protection Act” will help care for fire fighters who are sick as a result of doing their duty of protecting their community.”

“It is time that we the citizens of New Jersey protect our police and fire as they protect us. The signing of these 2 bills is a beginning of this endeavor,” said Robert Fox, President of the New Jersey State Fraternal Order of Police. “I thank the Governor, the Assembly, and the Senate for their actions to get these bills signed into law.”

“With the signing of these bills today, Governor Murphy and the Legislature guarantee the brave men and women who answered the call on 9/11 are not forgotten,” said Pat Colligan, President of the New Jersey State Policemen’s Benevolent Association. “Those officers who bravely went into harm’s way and have dealt with the health consequences now have the reassurance they will be covered. I want to thank the Governor and Legislature for assuring our heroes that they are not abandoned.”

“The NJFMBA thanks the Governor and Legislature for moving this important legislation and signing them in Jersey City,” said Wayne Wolk, Executive Vice President of the New Jersey State Firefighters’ Mutual Benevolent Association. “Seventeen years ago, our elected officials promised to never forget the sacrifices first responders made on September 11th and the weeks and months that followed. Today, our elected officials showed that here in New Jersey, they keep their promises.”

“I want to thank everyone for their hard work in getting this bill passed, including the Governor, the Legislature, and most of all, the brave responders who answered the call on 9/11,” said Dr. Iris Udasin, Medical Director of the World Trade Center Clinic, Rutgers’ Environmental and Occupational Health Sciences Institute.

Primary sponsors of A4882, also known as, “the Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act,” include Assemblymembers James Kennedy, Jamel Holley, and Andrew Zwicker, and Senators Nicholas Scutari and Joseph Lagana.

“When police and firefighters in New Jersey received word that two planes had struck the World Trade Center on September 11, 2001, many of them didn’t hesitate before responding to the scene, even though they were not specifically ordered to go,” said Assemblyman James Kennedy. “Unfortunately, some suffered permanent or total disability. Due to the fact that they responded as volunteers, they have not been entitled to the same compensation as their counterparts who were considered to be ‘on the job’ that day. This law changes that.”

All of the heroic men and women who responded to Ground Zero deserve our utmost respect and admiration, regardless of whether they were on the clock,” said Assemblyman Jamel Holley. “They all saw the same terror, took the same risks, and worked towards the same goal. If their health has been affected in the time since, they all should be eligible for the same disability allowance.”

“Our country is still feeling the effects of 9/11 today. The impact on those who were there – particularly our first responders – remains even more prevalent,” said Assemblyman Andrew Zwicker. “We can go further to honor our first responders by ensuring they are recognized and compensated for their service on 9/11, voluntary or otherwise. They deserve nothing less.”

“Many of these brave men and women are suffering from serious illnesses traced back to their efforts at Ground Zero,” said Senator Nicholas Scutari. “This law will provide much needed financial support for these individuals whose health was drastically effected when they heroically put their country first on 9/11.”

“In the aftermath of 9/11, first responders from our state displayed absolute heroism, facing fear and uncertainty head-on. Now, these brave individuals will finally be able to receive the increased benefits of accidental disability they deserve,” said Senator Joseph Lagana. “This is an easy decision to make to help our resident heroes who are facing medical conditions related to the Ground Zero cleanup. Guaranteeing these benefits is the least we can do for these brave men and women.”

Primary sponsors of S716, also known as, “the Thomas P. Canzanella First Century First Responders Protection Act,” include Senators Linda Greenstein, Christopher Bateman, and Joseph Lagana, and Assemblymembers Anette Quijano, Daniel Benson, and Verlina Reynolds-Jackson.

“First-responders should not have to fight to receive treatment or compensation related to on-the-job exposure to toxins and pathogens,” said Senator Linda Greenstein. “This law recognizes that symptoms of illnesses may not be immediate and ensures that no matter when symptoms occur, our emergency personnel are protected.”

“First responders run towards danger with the sole goal of saving lives. We have already seen far too many pay a price for that heroic sacrifice. We need to ensure these heroes get the medical care they earned in the line of duty,”said Senator Christopher Kip Bateman. “This law is the least we can do to thank the bravest among us for their unwavering commitment to keeping us safe.”

“These workers are our first line of defense. Their jobs are not only stressful, they are dangerous,” said Assemblywoman Annette Quijano. “This new law ensures that public safety workers are adequately covered if they suffer a debilitating illness or worse related to their duties at work.”

“Public safety workers expose themselves to dangerous situations that could prove debilitating and even deadly,” said Assemblyman Dan Benson. “Most importantly, the work can be a significant health hazard. Our workers deserve comparable coverage.”

“These workers put their lives on the line for the safety of others,” said Assemblywoman Verlina Reynolds-Jackson. “They should never have to question whether they will be compensated accordingly for the sacrifices that they make.”

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Medical Monitoring Available Under the Zadroga 9-11 Health Compensation Fund

The World Trade Center Medical Monitoring Program is funded by the National Institute for Occupational Safety and Health under the Zadroga Act which was enacted last year.

MEDICAL TREATMENT for 9/11 responders
The program provides free treatment, including: doctor's visits, diagnostic testing and medications for WTC-covered conditions. Here is a list of covered conditions:

Aerodigestive Disorders

New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:

• Interstitial lung diseases
• Chronic Respiratory Disorder –Fumes/Vapors
• Asthma
• Reactive Airways Dysfunction Syndrome (RADS)
• WTC-exacerbated chronic obstructive pulmonary disease (COPD)
• Chronic Cough Syndrome
• Upper airway hyperreactivity
• Chronic rhinosinusitis
• Chronic nasopharyngitis
• Chronic laryngitis
• Gastro-esophageal Reflux Disorder (GERD)
• Sleep apnea exacerbated by or related to the above conditions

Mental Health Conditions
New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:

• Post Traumatic Stress Disorder (PTSD)
• Major Depressive Disorder
• Panic Disorder
• Generalized Anxiety Disorder
• Anxiety Disorder (not otherwise specified)
• Depression (not otherwise specified)
• Acute Stress Disorder
• Dysthymic Disorder
• Adjustment Disorder
• Substance Abuse

“V codes” (treatments not specifically related to psychiatric disorders, such as marital problems, parenting problems etc.)

Musculoskeletal Disorders
New onset or aggravation of pre-existing conditions for which careful review of symptoms or other clinical information suggests relationship to WTC exposure/injury:

• Low back pain
• Carpal Tunnel Syndrome (CTS)
• Other musculoskeletal disorders

Are you eligible?
This program serves the workers and volunteers who responded to the September 11th attacks. If you did any paid work or volunteered, on or after September 11th, that was directly related to the disaster, you may qualify. To find out whether you are eligible, call 888-702-0630 or download and fill out an eligibility questionnaire and fax it to us at 212-241-1850.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational and enviornmental exposures. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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