To better examine firefighters’ exposure to carcinogens and its effects, legislation sponsored by Yvonne Lopez, Annette Quijano and John Armato to establish a voluntary firefighter cancer registry was signed into law Friday by Governor Phil Murphy.
Showing posts with label The Zadroga 9/11 Victim Compensation Fund Benefit Program. Show all posts
Showing posts with label The Zadroga 9/11 Victim Compensation Fund Benefit Program. Show all posts
Saturday, May 11, 2019
Wednesday, February 26, 2014
The World Trade Center Health Fund Will Seek Reimbursement of Workers' Compensation Payments
The World Trade Center (WTC) Health Program established under the 9-11 Health Claim Program (Zadroga Act) will identify and seek recoup funds from workers’ compensation when available. The program imposes duties on Responders, Clinical Centers of Excellence, Workers’ Compensation Insurers and other employers providing illness and injury benefits to Responders.
The WTC Health Program is delaying the effective date for the component of the policy and procedures relating to recoupment from lump sum settlements of workers’ compensation cases. The policy was originally scheduled to apply to any lump sum settlement entered into after September 1, 2013. The recoupment policy will now apply to proposed settlement agreements filed with the New York Workers’ Compensation Board (NY WCB) on or after October 1, 2013. Any proposed settlement filed with the NY WCB on or after October 1, 2013, and which releases an employer/insurer’s liability for any future medical expenses must be reviewed by the WTC Health Program or the parties may be financially responsible for treatment expenses. The effective date for the policy as it relates to active workers’ compensation cases where the claimant has not filed a lump sum settlement remains September 1, 2013.
General Recoupment Scheme
1. The WTC Health Program will seek to recoup from medical providers of the WTC
Health Program and from WC insurers. The Program does not anticipate that it will be
necessary to seek recoupment directly from individual WTC responders, unless the
Responder accepts a lump sum settlement from WC and the settlement either releases
or has the effect of releasing the WC insurer from its obligation to pay future medical
expenses. 42 U.S.C. § 1395y(b)(2)(B)(iii) incorporated in 42 U.S.C. § 300mm-41(b)(1).
2. If the primary payer seeks to shift costs onto the WTC Health Program, and the
Program cannot recover WC payments voluntarily, it may seek double damages from
the payer in a recoupment action.
This means that if either a medical provider or a Responder receives payment from a WC insurer for services already paid for by the WTC Health Program, the Program has a duty to reduce further payments or recoup funds from that medical provider who received funds from the WC insurer.42 U.S.C. § 300mm-41(b)(1).
3. If evidence suggests that a WC insurer has improperly shifted WC costs onto the WTC
Health Program, the Program may recommend that a recoupment action be filed
against an insurer, even if the insurer has already paid the claim. 42 U.S.C. § 1395y(b)(2)(B)(iii) incorporated in 42 U.S.C. § 300mm-41(b)(1).
Click here to read the entire WTC Health Fund Policy Statement
….
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.
The WTC Health Program is delaying the effective date for the component of the policy and procedures relating to recoupment from lump sum settlements of workers’ compensation cases. The policy was originally scheduled to apply to any lump sum settlement entered into after September 1, 2013. The recoupment policy will now apply to proposed settlement agreements filed with the New York Workers’ Compensation Board (NY WCB) on or after October 1, 2013. Any proposed settlement filed with the NY WCB on or after October 1, 2013, and which releases an employer/insurer’s liability for any future medical expenses must be reviewed by the WTC Health Program or the parties may be financially responsible for treatment expenses. The effective date for the policy as it relates to active workers’ compensation cases where the claimant has not filed a lump sum settlement remains September 1, 2013.
General Recoupment Scheme
1. The WTC Health Program will seek to recoup from medical providers of the WTC
Health Program and from WC insurers. The Program does not anticipate that it will be
necessary to seek recoupment directly from individual WTC responders, unless the
Responder accepts a lump sum settlement from WC and the settlement either releases
or has the effect of releasing the WC insurer from its obligation to pay future medical
expenses. 42 U.S.C. § 1395y(b)(2)(B)(iii) incorporated in 42 U.S.C. § 300mm-41(b)(1).
2. If the primary payer seeks to shift costs onto the WTC Health Program, and the
Program cannot recover WC payments voluntarily, it may seek double damages from
the payer in a recoupment action.
This means that if either a medical provider or a Responder receives payment from a WC insurer for services already paid for by the WTC Health Program, the Program has a duty to reduce further payments or recoup funds from that medical provider who received funds from the WC insurer.42 U.S.C. § 300mm-41(b)(1).
3. If evidence suggests that a WC insurer has improperly shifted WC costs onto the WTC
Health Program, the Program may recommend that a recoupment action be filed
against an insurer, even if the insurer has already paid the claim. 42 U.S.C. § 1395y(b)(2)(B)(iii) incorporated in 42 U.S.C. § 300mm-41(b)(1).
Click here to read the entire WTC Health Fund Policy Statement
….
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.
Wednesday, September 4, 2013
9/11 Claim Fund Countdown To The October 3, 2013 Deadline
Zadroga 9/11 Claim Fund Countdown
"The Victims Compensation Fund (VCF) was originally established by Congress in 2001. It was designed to bring financial relief to those most devastated by the events of September 11, 2001. The original VCF provided compensation to eligible individuals who were physically injured as a result of the terrorist attacks and the beneficiaries and families of individuals killed as a result of the terrorist attacks. The original VCF operated from December 2001 until June 2004.
"On January 2, 2011, the President signed the Zadroga Act into law. Title II of the Zadroga Act amends the original 2001 Act and reopens the VCF. The new VCF expands the eligibility rules so that more individuals can now receive compensation. The new VCF now provides compensation to eligible individuals who were present at the crash sites or locations of debris removal from September 11, 2001 through May 30, 2002. (The original VCF provided compensation only for persons who were present in the 96 hours following the attacks).
"The new VCF will be open to receive claims for five years (beginning October 3, 2011). However, the deadline for filing your claim is two years after you learn of your physical harm. That means that if you knew about your harm before October 3, 2011, you must file your claim before October 3, 2013. If you learn of your physical harm after October 3, 2011, your deadline to file is two years after the date on which you learned of the harm. To meet this deadline, the VCF must receive your complete Registration Form within the relevant two-year window if you submit your claim online. If you choose to submit your claim in hardcopy, the VCF must receive your Eligibility Form, even if not complete, within the relevant two-year window. Congress appropriated $2.775 billion for the new VCF and authorized the VCF to distribute $875 million of that amount during the first five years of operations.
"Your participation in the VCF is voluntary. If you choose to make a claim with the VCF, you waive your right to bring a lawsuit to recover for any injuries you claim as a result of the attacks.
...
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 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.
Read more about the Zadroga 9/11 Health Claim Fund
...
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 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.
Read more about the Zadroga 9/11 Health Claim Fund
Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
Wednesday, December 19, 2012
9/11 Rescue Workers At Increased Risk for Cancer
Rescue and recovery workers at the 9/11 World Trade Center terrorist attack site have been reported to be at greater risk of certain cancers. The study followed a group of workers who have been exposed to toxic dust and fumes following the attack in New York City.
The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.
Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program. The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about The Zadroga 9/11 Victim Compensation Fund Benefit Program
The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.
Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program. The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about The Zadroga 9/11 Victim Compensation Fund Benefit Program
Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
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