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Showing posts with label September 11 attacks. Show all posts
Showing posts with label September 11 attacks. Show all posts

Thursday, August 13, 2015

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."


Thursday, December 11, 2014

Extended time law for 9/11 compensation claims is unconstitutional: judge

Today's post is shared from nypost.com/
A federal judge has ruled that a state law that extended time for 9/11 workers to file compensation claims for their heroic efforts is unconstitutional.
Manhattan federal Judge Alvin Hellerstein on Monday dismissed claims filed in 2009 against the Battery Park City Authority by eight workers allegedly exposed to asbestos and other contaminants there during cleanup efforts after the Sept. 11, 2001, terrorist attacks.
Hellerstein found that “Jimmy Nolan’s Law” — named after a Yonkers-based carpenter and father of three who became very ill during Ground Zero cleanups — is unconstitutional as applied to the BCPA.
The law was enacted by the state Legislature in 2009 after the quasi-government entity overseeing Battery Park City was able to get around liability by requiring notices of claims to be filed within 90 days after plaintiffs discovered their injuries.
It gave the plaintiffs — whose claims were then time-barred — an additional year to file. The state Attorney General’s Office had intervened in the suits in support of Jimmy Nolan’s Law.
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Sunday, July 27, 2014

Report: Number Of Ground Zero Cancer Cases Skyrocketing

Today's post is shared from CBSNewYork.com
There has been a dramatic increase in the number of 9/11 rescuers and responders with cancer in the past year, according to a published report.
The New York Post says that Mount Sinai Hospital’s World Trade Center Health Program reported 1,140 cancer cases last year. Now the number is up to more than 2,500.

Among the cancers being diagnosed at a much higher rate than the general population: prostate cancer, thyroid cancer, leukemia and multiple myeloma.
The September 11th Victim Compensation Fund is expected to receive more claims by the Oct. 14 deadline. So far, there are 1,145 claims listing cancer.
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Tuesday, December 17, 2013

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.
….
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.

Sunday, September 22, 2013

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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Tuesday, September 11, 2012

NIOSH Announces That 9/11 Cancers Are to be Covered Under Zadroga Act

The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a result of September 11, 2001 attack on the World Trade Center.


"This rule modifies the List of WTC-Related Health Conditions 
in 42 CFR 88.1 to add the following conditions (types of cancer 
identified by ICD-10 code are specified in the discussion 
below): 
▪  Malignant neoplasms of the lip, tongue, salivary gland, 
floor of mouth, gum and other mouth, tonsil, oropharynx, 
hypopharynx, and other oral cavity and pharynx 
▪  Malignant neoplasm of the nasopharynx  
▪  Malignant neoplasms of the nose, nasal cavity, middle 
ear, and accessory sinuses 
▪  Malignant neoplasm of the larynx  
▪  Malignant neoplasm of the esophagus 
▪  Malignant neoplasm of the stomach 
▪  Malignant neoplasm of the colon and rectum 
▪  Malignant neoplasm of the liver and intrahepatic bile 
duct 
▪  Malignant neoplasms of the retroperitoneum and 
peritoneum, omentum, and mesentery 6 
▪  Malignant neoplasms of the trachea; bronchus and lung; 
heart, mediastinum and pleura; and other ill-defined 
sites in the respiratory system and intrathoracic organs 
▪  Mesothelioma 
▪  Malignant neoplasms of the soft tissues (sarcomas) 
▪  Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer 
▪  Malignant neoplasm of the breast 
▪  Malignant neoplasm of the ovary  
▪  Malignant neoplasm of the urinary bladder 
▪  Malignant neoplasm of the kidney 
▪  Malignant neoplasms of renal pelvis, ureter and other 
urinary organs 
▪  Malignant neoplasms of the eye and orbit 
▪  Malignant neoplasm of the thyroid 
▪  Malignant neoplasms of the blood and lymphoid tissues 
(including, but not limited to, lymphoma, leukemia, and 
myeloma) 
▪  Childhood cancers 
▪  Rare cancers  
    The Administrator developed a hierarchy of methods (detailed 
in Section IV of this preamble) for determining which cancers to 7 
propose for inclusion on the List of WTC-Related Health 
Conditions. "


Mar 29, 2012
Zadroga Benefits Proposed By NIOSH for Some Cancers. A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, ...
Jun 08, 2012
The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.
Feb 08, 2012
Jon Stewart advocates for the Zadroga 9-11 Bill to cover cancer claims. The legislation enacted over a year ago provides benefits for those who were in the vicinity of the World Trade Center on September 11, 2001.
Jun 29, 2012
Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only well-established risk factor for mesothelioma is exposure to asbestos fibers. Prior asbestos ...
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...

.....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Tuesday, August 30, 2011

Zadroga 9-11 Compensation Fund To Accept Claims October 3rd

The 9/11 Zadrogra Compensation Fund is scheduled to start accepting claims for compensation on October 3, 2011. Announcement of the publication of the Final Rule was just announced.

With the 10-year anniversary of Sept. 11, 2001, approaching, September 11th Victim Compensa­tion Fund (VCF) Special Master Sheila L. Birnbaum today announced the final rule governing the fund. Since issuing the proposed regulations in June 2011, Special Master Birnbaum has reviewed formal comments and met with, and received feedback from, hundreds of New York-area residents, workers and first responders at town hall meetings held in New York and New Jersey.


For more information about The 9/11 Fund claims click here.


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 accidents and illnesses.

Tuesday, July 26, 2011

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund.

The report concludes:
"Based on the scientific and medical findings in the peer-reviewed literature reported in this first periodic review of cancer for the WTC Health Program, insufficient evidence exists at this time to propose a rule to add cancer, or a certain type of cancer, to the List of WTC-Related Health Conditions. "

Although a determination cannot be made to propose a rule to add cancer, or a type of cancer, to the List of WTC-Related Heath Conditions at this time, it is important to point out that the current absence of published scientific and medical findings demonstrating a causal association between the exposures resulting from the September 11, 2001, terrorist attacks and the occurrence of cancer in responders and survivors does not indicate evidence of the absence of a causal association. 

"It is expected that the second periodic review of cancer for the WTC Health Program will be conducted in early to mid-2012 to capture any emerging findings about exposures and cancer in responders and survivors affected by the September 11, 2001, terrorist attacks.

Friday, July 1, 2011

Zadroga 9-11 Compensation Fund Opens for Business

Today, The James Zadroga 9-11 Health Compensation Fund is open for business. Civic leaders will gather to celebrate with a ribbon-cutting at the Mt. Sinai Medical Center in New York City. The Zadroga Fund reopens the 9-11 Victims Compensation Fund and will provide billions of dollars in funding for the benefit of victims and first-responders who were injured as a result of the September 11, 2001 terrorist attacks.

US Congress Members Maloney and Nadler will be joined byU.S. Department of Health and Human Services Secretary Kathleen Sebelius, Mayor Bloomberg, Police Commissioner Kelly, clinic physicians and responders and survivors at the ceremony. The program will take place at Mount Sinai Medical Center, Annenberg Building 1190 Fifth Avenue, 1st floor, Stern Auditorium, Manhattan.


For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, June 3, 2011

New Website for September 11th Victims Compensation Fund

The United States Department of Justice has established a new website for the September 11th Victims Compensation Fund (Zadroga Act). The Internet presence was established following the naming of Shelia Birnbaum, a defense attorney, as the Special Master of the Fund.

The program was established to provide compensation and medical monitoring to victims of the September 11th tragedy in New York City. Regulations for the operation of the Fund have yet to be announced. It is anticipated that the Fund should be operational by July 1, 2011.

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.

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 accidents and illnesses.

Wednesday, May 18, 2011

Attorney General Holder Names Sheila L. Birnbaum as Special Master of September 11th Victim Compensation (Zadroga) Fund


Attorney General Eric Holder today announced that he has chosen Sheila L. Birnbaum to head the September 11th Victim Compensation Fund program. Birnbaum, a life-long New Yorker, has decades of experience resolving complicated litigation.  Birnbaum, a defense attorney,  gained recognition and regard from the victims community for her work mediating a settlement of $500 million for 92 families of victims of the September 11th terrorist attack on the World Trade Center.  

Birnbaum will administer the fund created under the James Zadroga 9/11 Health & Compensation Act, signed into law by President Obama on Jan. 2, 2011. The bill reactivates the September 11th Victim Compensation Fund that operated from 2001-2003, expanding the pool of applicants to include first responders and other individuals who experienced latent physical injuries associated with the attacks or with debris removal.

“Sheila Birnbaum brings extensive experience, credibility and unique insight to this important role,” said Attorney General Holder. “She has worked closely with, and won the trust of, the families of 9/11 victims with whom she worked. I know that under her direction, the fund will be administered in a manner that is sensitive and fair to those who have suffered so much from the September 11th attacks.”

“As a life-long New Yorker, the opportunity to serve the country and the 9/11 community in this way is a tremendous honor,” Birnbaum said.   “My first priority will be to sit down with the people who will be most affected by the program, and see how we can design a program that is fair, transparent and easy to navigate.   The fund needs to get up and running quickly.   At the same time, I want to make sure we do it right.

Ken Feinberg laid a great foundation during the fund’s first iteration, and I plan to build upon it,” continued Birnbaum.  

The fund is expected to become fully operational after funding appropriated for its administration becomes available on Oct. 1, 2011.   Birnbaum indicated that she will publish proposed regulations to govern the program as soon as possible, and take public comment on those proposed regulations over the summer before finalizing them.

In 2006, 9/11 victims and corporate defendants jointly asked Judge Alvin K. Hellerstein to appoint Birnbaum to mediate 95 wrongful death and personal injury cases.   Birnbaum successfully mediated 92 of them.   Judge Hellerstein called her work “extraordinary” and noted that she had gained credibility with the 9/11 community.   In a March 5, 2009, order Hellerstein wrote, “She allowed each of the plaintiffs’ families to express their loss and the quality of the lives lost on September 11.   She absorbed their losses and their pain with empathy. . . .   She gained plaintiffs’ confidence.”

Birnbaum, the daughter of a grocery store owner in Harlem, N.Y., attended James Monroe High School, and graduated from Hunter College as the first person in her family to attend college.   She taught the fourth grade at P.S. 62 in the Bronx, N.Y., before attending New York University School of Law.   Since law school, she has taught at both Fordham University School of Law and NYU School of Law, where she became Associate Dean.   She is now a partner at Skadden, Arps, Slate, Meagher & Flom, and the chair of the firm’s Mass Torts Litigation Group. That firm represents and defends corporations in products liability actions. Ms. Birnbaum represented Metropolitan Life Insurance Company in the nations longest running tort case, asbestos litigation.

Birnbaum has an extensive career in public service.   Among other positions, she has served as the first president and founding member of Judges and Lawyers Breast Cancer Alert; as a member on the New York State Judicial Commission on Minorities; as Executive Director for the U.S. Court of Appeals for the Second Circuit’s Task Force for Racial, Ethnic and Gender Fairness; as Chair for the Commission on Fiduciary Appointments; and as President of the New York Women’s Bar Association.

Thursday, May 5, 2011

Zadroga Health Fund Benefits Scheduled to Begin in October

Charles Schumer, United States Senator from Ne...Image via Wikipedia

Senator Charles Schumer has announced that Zadroga Health Fund benefits will be paid out to survivors of the September 11, 2001 attack on the World Trade Center, beginning in October. Schumer received this invitation from US Attorney General Eric Holder.The announcement comes on the eve of visit to New York City by President Barack Obama.

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.

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.


Friday, April 8, 2011

Special Master to be Appointed Soon for Zadroga Fund

September 11, 2001 attacks in New York City: V...Image via Wikipedia



The selection of a Special Master to manage the Zadroga 9/11 health fund is imminent reported The New York Times. The special master will be managing the multi-million dollar  benefit fund created under recent Federal legislation that will provide assistance to those who were injured following the attacks on the World Trade Center on September 11, 2001.

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.

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. 

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.

Wednesday, March 30, 2011

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.