The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.
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Showing posts sorted by date for query WTC. Sort by relevance Show all posts
Monday, December 21, 2015
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, April 16, 2015
Health and Compensation Programs Passed Into Law After Almost Decade Long Fight Set to Expire This Year – Participants in 9/11 Health Program Living in All 50 States and 429 of 435 Congressional Districts
After nearly a decade long fight to stand by our first responders who answered the call of duty on September 11th, Congress finally fulfilled its moral obligation in late 2010 and provided our 9/11 heroes with the health care and financial compensation they deserved by passing the James Zadroga 9/11 Health and Compensation Act. With the Zadroga bill’s two critical programs – the World Trade Center (WTC) Health Program and the September 11th Victim Compensation Fund – set to expire in October 2015 and October 2016 respectively a bipartisan group of lawmakers from across the country today introduced the James Zadroga 9/11 Health and Compensation Reauthorization Act to permanently extend these programs. Last month, the U.S. Senate unanimously passed an amendment to the Senate budget resolution that will facilitate future legislation to renew and extend the Zadroga Act.
Monday, February 23, 2015
Sugar is the New Poison: Time for a Healthier Workplace Menu
The 2015 Dietary Guidelines Advisory Committee (Committee) submitted the Scientific Report of the 2015 Dietary Guidelines Advisory Committee (Advisory Report) to the Secretaries of the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) in February 2015. The purpose of the Advisory Report is to inform the Federal government of current scientific evidence on topics related to diet, nutrition, and health. It provides the Federal government with a foundation for developing national nutrition policy. However, the Advisory Report is not the Dietary Guidelines for Americans policy or a draft of the policy. The Federal government will determine how it will use the information in the Advisory Report as the government develops the Dietary Guidelines for Americans. HHS and USDA will jointly release the Dietary Guidelines for Americans, 2015 later this year.
The public is encouraged to view the Committee’s Advisory Report and provide written comments through midnight E.D.T. on April 8, 2015. The public will have an opportunity to attend a public meeting to hear or provide oral comments on March 24, 2015. Registration is expected to open on or about March 9, 2015.
Each section of the Advisory Report below links to text for that section. A printable PDF is also provided. The PDF provides page and line numbers that the public can use when...
[Click here to see the rest of this post]
The public is encouraged to view the Committee’s Advisory Report and provide written comments through midnight E.D.T. on April 8, 2015. The public will have an opportunity to attend a public meeting to hear or provide oral comments on March 24, 2015. Registration is expected to open on or about March 9, 2015.
Each section of the Advisory Report below links to text for that section. A printable PDF is also provided. The PDF provides page and line numbers that the public can use when...
[Click here to see the rest of this post]
Thursday, February 19, 2015
Minimum Latency & Types or Categories of Cancer Revised for WTC Program
The WTC Program Administrator has determined minimum latencies for the following five types or categories of cancer eligible for coverage in the WTC Health Program:
(1) Mesothelioma—11 years, based on direct observation after exposure to mixed forms of asbestos;
(2) All solid cancers (other than mesothelioma, lymphoproliferative, thyroid, and childhood cancers)—4 years, based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;
(3) Lymphoproliferative and hematopoietic cancers (including all types of leukemia and lymphoma)—0.4 years (equivalent to 146 days), based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;
(4) Thyroid cancer—2.5 years, based on low estimates used for lifetime risk modeling of low level ionizing radiation studies; and
(5) Childhood cancers (other than lymphoproliferative and hematopoietic cancers)—1 year, based on the National Academy of Sciences findings.
According to the James Zadroga 9/11 Health and Compensation Act of 2010 ("Act") (42 U.S.C. §§ 300mm to 300mm-61), a determination that an individual's 9/11 exposure is substantially likely to be a significant factor in aggravating, contributing to, or causing an individual’s health condition must be made based on an assessment of the following: (1) the individual's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the terrorist attacks; and (2) the type of symptoms and temporal sequence of symptoms (42 U.S.C. § 300mm-22(a)(2)). With regard to the temporal sequence of symptoms, cancers do not occur immediately after exposure to a causative agent and they usually take many years up to several decades to manifest clinically.
Click here to read the entire revised policy. (1/6/2015)
Related articles
(1) Mesothelioma—11 years, based on direct observation after exposure to mixed forms of asbestos;
(2) All solid cancers (other than mesothelioma, lymphoproliferative, thyroid, and childhood cancers)—4 years, based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;
(3) Lymphoproliferative and hematopoietic cancers (including all types of leukemia and lymphoma)—0.4 years (equivalent to 146 days), based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;
(4) Thyroid cancer—2.5 years, based on low estimates used for lifetime risk modeling of low level ionizing radiation studies; and
(5) Childhood cancers (other than lymphoproliferative and hematopoietic cancers)—1 year, based on the National Academy of Sciences findings.
According to the James Zadroga 9/11 Health and Compensation Act of 2010 ("Act") (42 U.S.C. §§ 300mm to 300mm-61), a determination that an individual's 9/11 exposure is substantially likely to be a significant factor in aggravating, contributing to, or causing an individual’s health condition must be made based on an assessment of the following: (1) the individual's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the terrorist attacks; and (2) the type of symptoms and temporal sequence of symptoms (42 U.S.C. § 300mm-22(a)(2)). With regard to the temporal sequence of symptoms, cancers do not occur immediately after exposure to a causative agent and they usually take many years up to several decades to manifest clinically.
Click here to read the entire revised policy. (1/6/2015)
Related articles
Thursday, February 5, 2015
9/11 Victims Lawsuit Seeks Disclosure of Classified Saudi Information
 |
| King Abdullah ibn Abdul Aziz in 2002 ( Photo credit: Wikipedia) |
Today's post is shared from nytimes.com
A still-classified section of the investigation by congressional intelligence committees into the Sept. 11, 2001, attacks has taken on an almost mythic quality over the past 13 years — 28 pages that examine crucial support given the hijackers and that by all accounts implicate prominent Saudis in financing terrorism.
Now new claims by Zacarias Moussaoui, a convicted former member of Al Qaeda, that he had high-level contact with officials of the Saudi Arabian government in the prelude to Sept. 11 have brought renewed attention to the inquiry’s withheld findings, which lawmakers and relatives of those killed in the attacks have tried unsuccessfully to declassify.
“I think it is the right thing to do,” said Representative Stephen F. Lynch, Democrat of Massachusetts and an author of a bipartisan resolution encouraging President Obama to declassify the section. “Let’s put it out there.”
White House officials say the administration has undertaken a review on whether to release the pages but has no timetable for when they might be made public
Click here to read the entire article.
Sunday, December 28, 2014
Zadroga fund payouts to 9/11 responders gain speed as claims process gets 'better'
Today's post is shared from newsday.com/
Nell McCarthy, the deputy special master of the September 11th Victim Compensation Fund, pointed to two boxes. One contained files about 2 inches thick; the other, a file about 2 feet thick.
That, she said in the fund's nondescript Washington, D.C., offices, showed the range of differences among claims filed by 9/11 responders.
The thinner file was submitted online by a former first responder in law enforcement who had hired an experienced lawyer. The second was filed by a former deliveryman for a restaurant -- with no attorney -- and included entire notebooks containing handwritten statements in nearly indecipherable block printing that often spilled over and encircled the pages.
Both received compensation, McCarthy said. But the first -- who recently died of brain cancer -- was a fairly straightforward case and it took eight months to determine his compensation. The second -- who for a time called the VCF help line every day, even on the weekends -- was not so straightforward. That claim took 2½ years to resolve.
"I am really proud of the work we did with him," McCarthy said of the second claimant, who still calls the VCF.
McCarthy -- a former White House staffer who herself was a block from Ground Zero on Sept. 11, 2001 -- was hired in April to help expedite claims for ailing responders under the $2.775 billion James Zadroga 9/11 Health and Compensation Act of 2010. The VCF had come under heavy criticism for the...
[Click here to see the rest of this post]
Nell McCarthy, the deputy special master of the September 11th Victim Compensation Fund, pointed to two boxes. One contained files about 2 inches thick; the other, a file about 2 feet thick.
That, she said in the fund's nondescript Washington, D.C., offices, showed the range of differences among claims filed by 9/11 responders.
The thinner file was submitted online by a former first responder in law enforcement who had hired an experienced lawyer. The second was filed by a former deliveryman for a restaurant -- with no attorney -- and included entire notebooks containing handwritten statements in nearly indecipherable block printing that often spilled over and encircled the pages.
Both received compensation, McCarthy said. But the first -- who recently died of brain cancer -- was a fairly straightforward case and it took eight months to determine his compensation. The second -- who for a time called the VCF help line every day, even on the weekends -- was not so straightforward. That claim took 2½ years to resolve.
"I am really proud of the work we did with him," McCarthy said of the second claimant, who still calls the VCF.
McCarthy -- a former White House staffer who herself was a block from Ground Zero on Sept. 11, 2001 -- was hired in April to help expedite claims for ailing responders under the $2.775 billion James Zadroga 9/11 Health and Compensation Act of 2010. The VCF had come under heavy criticism for the...
[Click here to see the rest of this post]
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. |
Friday, October 31, 2014
Judge eases limits on nurse who treated Ebola patients - Order Issued
| A Judge ruled today that restrictions on a health care worker were far too severe. In what was becoming a political circus, a Maine Judge issued a ruling ending the grandstand political play. Today's post is shared from Reuters.com/ The confrontation between Kaci Hickox and officials in the state of Maine has become the focal point of a dispute pitting several U.S. states opting for strict quarantines against the federal government, which opposes such measures. Hickox's lawyer called the ruling a "terrific win" and Maine Governor Paul LePage said that while he was disappointed, the state would abide by the judge's order. Hickox, 33, tested negative for Ebola after returning from working for Doctors Without Borders in Sierra Leone. She also objected when the state of New Jersey put her into isolation when she arrived at Newark airport. Charles LaVerdiere, chief judge of Maine District Court, in an earlier temporary order dated on Thursday had instructed Hickox to avoid "public places" like shopping centers and maintain a 3-foot (1-meter) distance from others at the state's request. That came hours after she defied Maine officials, left her home and went for a bike ride with her boyfriend. On Friday, after a hearing held by telephone, LaVerdiere said Hickox only would have to continue direct monitoring of her health, coordinate travel plans with health officials and... |
Click here to read the Court Order
Tuesday, September 30, 2014
Judge agrees not to sanction RI workers’ compensation lawyer
Today's post is shared from providencejournal.com/
[Click here to see the rest of this post]
A Workers Compensation Court judge agreed Wednesday not to cite lawyer Stephen J. Dennis with criminal contempt for interrupting her on Sept. 3. Amato A. DeLuca, Dennis’s lawyer, appealed to Bertness, saying that a criminal contempt citation would likely harm Dennis’s reputation and potentially affect his ability to practice. DeLuca said Dennis “was very anxious” as he tried to explain to Bertness why he had failed to appear as scheduled at 10 a.m. that day to represent a client. Bertness said she would vacate the criminal contempt citation, but noted that she had had “some problems” with Dennis’s explanation of why he was late to court, and that his failure to appear and show up on time “is awful – that’s just terrible” for the client. She also noted that Dennis “had interrupted eight times.” Dennis also apologized. “I did not intent to challenge your authority. I did not mean to …” Dennis said. “I did make a mistake but that was unintentional.” He added, “I think that what we do is good, and honorable... |
Wednesday, September 17, 2014
Hillary Clinton calls for re-authorization of Zadroga Act
 Today's post is shared from nydailynews.com Fresh off her appearance in Iowa -- where she dropped several hints about her future presidential ambitions in front of a crowd of more than 6,000 Democrats -- Hillary Clinton looked back as she spoke to a smaller group of labor leaders Tuesday night in Manhattan and called for the re-authorization of the Zadroga Act. Speaking to about 150 labor leaders at the teachers union headquarters, Clinton called for the re-authorization of the 2010 legislation, which compensates 9/11 first responders for health problems cause by working at the World Trade Center site after the attacks. “This is like a homecoming,” Clinton said. She hailed labor leaders as her “comrades in arms” for helping to pass the law four years ago, legislation Clinton sponsored when she served in the Senate. “It was a scene out of Dante’s Inferno,” she said, recalling a visit to Ground Zero after the World Trade Center attacks. “It was as close to Hell as I can imagine any of us experiencing…. It was organized labor that came to the forefront and began working with me and others. Union pension funds became the only source of help for people in need.” The Zadroga Act is set to expire in 2016. “There are thousands who still need help,” she said. “All this work is at risk unless Congress acts.... The price of passage was a so-called sunset clause and... [Click here to see the rest of this post] |
Wednesday, September 3, 2014
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
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:
]. 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.
Thursday, August 14, 2014
WTC cleanup workers may renew health claims -U.S. appeals court
| Today's post is shared from Reuters.com A federal appeals court in New York has revived claims by 211 cleanup workers who sought compensation for their alleged exposure to toxic contaminants in buildings near the World Trade Center site after the Sept. 11, 2001, attacks. The 2nd U.S. Circuit Court of Appeals on Thursday said a lower court judge erred in dismissing the claims, after the workers had answered "none" when asked if they had been "diagnosed" with ailments, injuries or diseases. These workers were employed by cleaning companies hired by Verizon Communications Inc, Brookfield Properties and dozens of other owners of downtown Manhattan buildings damaged or destroyed in the attacks, the court said. "The fact that plaintiffs answered 'none' to the interrogatory was an insufficient basis, by itself, for a blanket conclusion that all 211 plaintiffs could not establish their claims against defendants as a matter of law," Circuit Judge Denny Chin wrote for a three-judge 2nd Circuit panel. Thursday's decision overturned an August 2012 dismissal of the claims by U.S. District Judge Alvin Hellerstein in Manhattan, who oversees much of the Sept. 11 litigation. Verizon spokesman Bob Varettoni had no immediate comment. Lawyers for the phone company and the other defendants did not immediately respond to requests for comment. "I applaud the 2nd Circuit for having the ability and desire to do the right thing," Marc Bern, a lawyer for the workers, said in... |
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... |
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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.
Saturday, April 12, 2014
Nebraska Supreme Court: Workers' comp includes PTSD, drug treatment after store shooting
| Today's post about "PTSD" is shared from omaha.com
LINCOLN — The two armed men robbing Gen-X Clothing in June 2011 warned store manager Matthew Kim not to report the crime.
He reported it anyway, leading to the arrest of the two men.One robber's brother showed up at the 76th and Cass Streets store two weeks later and shot Kim 12 times to keep him from testifying. The brother followed up with telephone threats against Kim, his mother and his son. Kim testified anyway, helping send all three men to prison. Workers' compensation covered his hospital and medical bills and paid temporary disability benefits during his physical recovery. But Gen-X and its workers' compensation insurance company balked at paying for treatment when Kim developed post-traumatic stress disorder after the crime, leading to a severe drug and alcohol dependency. On Friday, the Nebraska Supreme Court ruled against the Omaha clothing store and the insurer, Farmer's Truck Insurance Exchange. The state high court ordered Gen-X and Farmer's to pay for Kim's inpatient chemical dependency treatment and his future medical expenses. It also ordered them to continue paying him temporary disability benefits. Dirk Block, an attorney for Kim, said his client was “very pleased and grateful” for the ruling. The decision means Kim will have a source of support while he continues his recovery, Block said. “He's a pretty brave guy, to be treated this badly,” he said. “It's been very unfortunate that, in addition to having to face down... |
Related stories about PTSD:
4 hours ago
LINCOLN — The two armed men robbing Gen-X Clothing in June 2011 warned store manager Matthew Kim not to report the crime. He reported it anyway, leading to the arrest of the two men. One robber's brother showed up ...
Nov 27, 2013
Risks associated with employment are usually covered under Workers' Compensation claims. Assaults usually are traumatic in nature and having a component of psychological stress manifested in post traumatic stress ...
Feb 24, 2011
A recent study reveals that utility workers who were deployed at the World Trade Center (WTC) disaster site on 9/11 have an increased level of post traumatic stress disorders (PTSD) and depression. The study may ...
Sep 25, 2009
"Results from large epidemiologic studies suggest that probable posttraumatic stress disorder (PTSD) is the most common WTC-related health condition among exposed adults. Probable PTSD means that individuals scored ...
Wednesday, March 19, 2014
WTC P-11 Compensation Fund To Publish Procedure on How to Add Non-Cancer Conditions to List of Eligible Claims
The website of the 9-11 Claims Fund (Zadroga Act) indicates that on March 21, 2014 the Fund will post Policy and Procedures for Adding Non-Cancer Conditions To the List of WTC-Related Health Conditions (6 pages, 352 KB)
Issue Date: March 21, 2014
About this document: This document describes the process for adding non-cancer conditions to the list of WTC-related health conditions.
Issue Date: March 21, 2014
About this document: This document describes the process for adding non-cancer conditions to the list of WTC-related health conditions.
The document is not yet linked to the new policy and regulations but the listing indicates a roll of potential expansion for the Fund.
Related articles:
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 ...
Jul 09, 2013
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 .
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 ...
Jul 01, 2011
Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...
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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 theLaw Offices of Jon L Gelman jon@gelmans.com have been representing injured workers and their families who have sufferedoccupational accidents and illnesses.
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 theLaw Offices of Jon L Gelman jon@gelmans.com have been representing injured workers and their families who have sufferedoccupational accidents and illnesses.
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, February 19, 2014
World Trade Center Fund Now Covers Myeloid Malignancies
Beginning on February 1, 2014, the World Trade Center (WTC) Health Program began considering blood or bone marrow disorders of the myeloid line to be slow-growing blood cancers. Accordingly, they will be considered WTC-related health conditions, making them available for WTC Health Program medical treatment services for eligible members.
These cancers had been considered non-malignant by the Administrator because they were referred to as “pre-leukemic” hematopoietic disorders in the medical literature. Recent scientific advances, however, characterize these “pre-leukemic” myeloid neoplasms as slow-growing blood cancers, and authoritative scientific sources now consider them to be malignant myeloid neoplasms.
After receiving a request from the WTC Clinical Centers of Excellence to review certain myeloid disorders in terms of their status as malignancies, the WTC Health Program has determined that, in addition to types of leukemias, these myeloid malignancies are eligible for coverage by the WTC Health Program as WTC-related health conditions.
The group of myeloid malignancies includes the following health conditions:
(1) Myelodysplastic Syndromes (MDSs);
(2) Myeloproliferative neoplasms (MPNs);
(3) Myelodysplastic/myeloproliferative neoplasms (MDS/MPN); and
(4) Myeloid malignancies associated with eosinophilia and abnormalities of growth factor receptors derived from platelets or fibroblasts.
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.
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.
These cancers had been considered non-malignant by the Administrator because they were referred to as “pre-leukemic” hematopoietic disorders in the medical literature. Recent scientific advances, however, characterize these “pre-leukemic” myeloid neoplasms as slow-growing blood cancers, and authoritative scientific sources now consider them to be malignant myeloid neoplasms.
After receiving a request from the WTC Clinical Centers of Excellence to review certain myeloid disorders in terms of their status as malignancies, the WTC Health Program has determined that, in addition to types of leukemias, these myeloid malignancies are eligible for coverage by the WTC Health Program as WTC-related health conditions.
The group of myeloid malignancies includes the following health conditions:
(1) Myelodysplastic Syndromes (MDSs);
(2) Myeloproliferative neoplasms (MPNs);
(3) Myelodysplastic/myeloproliferative neoplasms (MDS/MPN); and
(4) Myeloid malignancies associated with eosinophilia and abnormalities of growth factor receptors derived from platelets or fibroblasts.
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.
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.
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:
“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.
….
“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.
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