Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label World Trade Center. Show all posts
Showing posts with label World Trade Center. 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.
[Click here to see the rest of this post]

Monday, August 11, 2014

1 month left for 9/11 responders to apply for workers’ comp

First responders and volunteers who helped with 9/11 recovery efforts have only a month left to register for future workers’ compensation benefits in case they fall ill.
More than 20,000 people could be eligible, but they must register before Sept. 12.
The registration effort is part of the New York State Workers’ Compensation Board’s “Tell Us You Were There” campaign, designed to protect those who helped after the World Trade Center attacks.
“Most people are eligible. You should file a WTC-12 form whether you were injured or not and whether you were employed or volunteered,” the board said. “This preserves your right to future benefits, should you ever need them.”
Previous legislation guaranteeing the workers’ comp expired Sept. 13, 2010. But last year, Gov. Cuomo signed legislation that extended the deadline and expanded the list of covered illnesses.
Now WTC workers or volunteers can get benefits if they develop psychological ailments or illnesses of the upper or lower respiratory or gastroesophageal tracts.
The WTC-12 registration form is available at www.wcb.ny.gov/WTC12. Anyone with questions can call (855) WTC-2014.
In addition to Ground Zero, qualified applicants can have worked at the Fresh Kills Landfill, on barges or piers or at morgue sites — as long as it was before Sept. 12, 2002.
So far, 40,737 people have filled out the form, said Joe Cavalcante, a compensation-board spokesman.
There have been 5,165...
[Click here to see the rest of this post]
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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, 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.
You May Also Be Interested In These Stories
[Click here to see the rest of this post]

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.

Wednesday, November 27, 2013

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'...
[Click here to see the rest of this post]
….
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.

Saturday, September 28, 2013

World Trade Center Health Program; Addition of Prostate Cancer to the List of WTC-Related Health Conditions

Recently the Federal Government approved benefits for prostate Cancer for those eligible for 9-11 Health Fund  Claims. The current deadline for some is October, 2013. See the links below the article to learn how to file a claim. Today's post was shared by Safe Healthy Workers and comes from www.federalregister.gov


This final rule is effective October 21, 2013.
Paul Middendorf, Senior Health Scientist, 1600 Clifton Rd. NE., MS: E-20,...
[Click here to see the rest of this post]

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...
[Click here to see the rest of this post]

Thursday, September 19, 2013

Prostate Cancer: Now on the 9-11 Fund Compensable List

Prostate Cancer has now been approved as a compensable condition for benefits for those who are eligible to claim benefits from the 9-11 Health Claim Fund. The deadline to claim benefits for some, October 3, 2013, is rapidly approaching.

Click here for more information for about filing a claim.
….

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.

Saturday, September 14, 2013

More than 1,100 have cancer after 9/11


Today's post was shared by WCBlog and comes from www.cnn.com

Reggie Hilaire was a rookie cop on September 11, 2001.

He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.

For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.

In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.

It's a cancer that usually strikes much later in life. Hilaire was 34.

More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.

A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.

These are the first numbers released since the program was expanded a year ago.

In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.

Dr. John Howard,...

[Click here to see the rest of this post]




Found on



Related articles
Night Shift Work Causally Linked to an Increase in Breast Cancer (workers-compensation.blogspot.com)
What To Say When Mom Or Dad Has Cancer (workers-compensation.blogspot.com)
Statement on malignant mesothelioma in the United Kingdom (workers-compensation.blogspot.com)
NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim (workers-compensation.blogspot.com)
Occupational exposures to carcinogenic substances: tetrafloroethylene (workers-compensation.blogspot.com)
Examples of risk factors for lung cancer include - (workers-compensation.blogspot.com)


Thursday, September 12, 2013

Deadline for Filing 9-11 Claims Approaches - Cancer Claims Soar

As the October 3, 2013 deadline for filing 9-11 World Trade Center claims for benefits approaches, an increase in the number of claims flowing from cancer continue to soar. Over 1,100 cancer claims have been filed to date.

"More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention."

Click here to read the compete article from CNN.

Click here for more information about filing a claim. 

….

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, 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

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 ...

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, July 3, 2012

WTC Health Program: First Year Anniversay


WTC Program Administrator John Howard, M.D. comments about the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act


On July 1st we marked the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act going into effect, officially launching the World Trade Center (WTC) Health Program. The WTC Health Program is a unique government program that provides medical evaluation and treatment to eligible 9/11 responders and survivors.


After opening our doors one year ago, we have made a lot of progress in our ability to respond to the needs of our members. We wanted to take this opportunity to reflect on the past year and how the Program has grown and what we will be focusing on in the coming months.


If you should have any questions about the WTC Health Program, please email us at WTC@cdc.gov.


Thank you,


John Howard, M.D.
Administrator, World Trade Center Health Program


Achievements and Looking Ahead

  • Since the Program became effective last year, it has helped over 60,000 people receive benefits, including those who were previously enrolled in the medical monitoring and treatment program and more than 1,200 new enrollees.
  • The WTC Health Program Scientific/Technical Advisory Committee (STAC) met three times to discuss and prepare their recommendation on whether to add cancer to the list of health conditions covered by the Program.
  • On June 13, we published a proposed rule to add certain types of cancers to the list of conditions the Program covers. We based this decision on a hierarchy of methods, including the recommendation of the STAC. After a 30 day public comment period, the Administrator will consider and address those comments as appropriate before issuing a final ruling.
  • In May, Stony Brook Medical Center opened a new clinic in Brooklyn to serve 9/11 responders, providing another place to get care that is closer to home and/or work.
  • The funding announcement for outreach and education cooperative agreements has gone out and we are looking forward to reviewing the proposals. The purpose of the awards is to recruit eligible responders and survivors and help them enroll in the Program to receive the care they need and deserve.
  • We will continue to work to improve the Program, including establishing eligibility criteria for Pentagon and Shanksville, PA responders.
  • We will expand the Program so that through the nationwide network of providers both responders and survivors who live outside the New York City metropolitan area can receive monitoring and treatment benefits near to where they live.


Thursday, February 9, 2012

Stephen Levin MD - Dies of Cancer

It is with sadness that I report of the passing of Dr. Stephen Levin.  Dr. Levin began an occupational disease evaluation practice in the office of Jack Sall, MD of Paterson NJ over 3 decades ago. He advanced to the Environmental Sciences Laboratory at the Mt. Sinai School of Medicine under the leadership of the late Irving J. Selikoff, MD, a pioneer in occupational disease research and more specifically asbestos related illnesses.


After the passing of Dr. Selikoff, Dr. Levin chaired the Environmental Sciences Department and maintained the archives of Dr. Selikoff. Dr. Levin was a leader and advocate for occupational disease research and treatment. His research work in post World Trade Center airborne toxins and disease build the foundation for the passage of the Zadroga 9-11 Health Benefits legislation enacted by Congress 14 months ago.


Joel Shufro, Executive Director of NYCOSH and Bill Henny, NYCOSH Board Chair, made the following statement, "He understood that the health of working people was directly tied to the health of the labor movement - that being organized into union or any other formation - was the first and most important step workers could take to protect their safety and health."


Stephen Levin championed the cause for helping victims of environmental and occupational disease. Ironically, like his predecessor, Dr. Selikoff, he also succumbed  to cancer, the disease that they both battled against for others. Dr. Levin's will be sadly missed but his legacy will on.

See also:
Dr. Stephen Levin dead of cancer NY Daily News
"As the medical director of Mount Sinai Medical Center’s Irving J. Selikoff Center for Occupational and Environmental Medicine, Dr. Stephen Levin had long known how damaging airborne toxins were to unprotected lungs."
A memorial service will take place Tuesday, February 21, 2012 at 4 p.m. at the Mount Sinai School of Medicine's Stern Auditorium, 1468 Madison Avenue (@ E. 100th Street, New York, NY 10029.