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Showing posts sorted by relevance for query 9/11. Sort by date Show all posts

Thursday, February 10, 2011

Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act


The National Institute for Occupational Safety and Health (NIOSH) will host a public meeting on March 3 in New York City to receive comments from the public on implementing the provisions of the James Zadroga 9/11 Health and Compensation Act of 2010 (Public Law 111-347).
NIOSH will convene the public meeting in response to a request by Reps. Carolyn B. Maloney (D-NY), Jerrold Nadler (D-NY), and Peter T. King (R-NY), the primary sponsors of the James Zadroga 9/11 Health and Compensation Act of 2010 in the U.S. House of Representatives. The meeting will be held from 9:00 a.m. to 4:45 p.m., Eastern Time, at the Jacob K. Javits Federal Building, 26 Federal Plaza, Broadway entrance, 6th Floor, Conference Room A/B, New York, N.Y. 10278.
The meeting is open to the public, limited by the space available. The meeting space accommodates approximately 300 people, and will be available on a first-come-first-served basis. In addition, there will be an audio conference setup for those who cannot attend in person. The toll-free call-in number is 1-800-619-8873; pass code 8693287.
The James Zadroga 9/11 Health and Compensation Act of 2010 established the World Trade Center Health Program within the U.S. Department of Health and Human Services, of which NIOSH is part. Comments from the public will help the Federal government in developing a plan to implement the Act by gaining perspectives from interested parties on ways to meet the Act's requirements.
The Act's requirements include:
  • Medical monitoring for responders who were likely to have been exposed to airborne toxins that were released, or to other hazards, as a result of the September 11, 2001, terrorist attacks.
  • Initial health evaluation for survivors.
  • Follow-up monitoring and treatment for responders and survivors related to World Trade Center-related health conditions.
  • Education and outreach to potentially eligible individuals.
  • Clinical data collection and analysis.
  • Research on health conditions.
A copy of the full Act is available at www.cdc.gov/niosh/topics/wtc/hr847.html. A notice of the public meeting with further information on attendance and registration is scheduled to be posted in the Federal Register on Feb. 10.
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.
Related articles

Tuesday, February 15, 2011

Agenda Announced for Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act

An agenda for the a public meeting on March 3, 2011 to discuss the implementation of the James Zadroga 9/11 Health and Compensation Act of 2001 has been published by The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC). The purpose of the meeting is to allow interested parties provide the agency with their perspectives to assist in developing a plan to meet the requirements of the Act.

In December 2010 US Congress passed and President Obama signed, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally funded and administered program provides for medical evaluation and treatment of occupational medical conditions that have been neglected or ignored by other benefit programs.


The meeting will begin with a brief introduction by Federal officials, followed by presentations from attendees who register to speak. Each speaker will be limited to five minutes in order to maximize the number of presentations during the meeting. If all registered presentations are made before the end time, there will be an open session to receive comments from anyone who has not signed up on the speaker registration list who may wish to speak. Open session comments will also be limited to five minutes per person. After the last speaker or at 4:45 p.m., whichever occurs first, the meeting will be adjourned.



The meeting is scheduled for Wednesday, March 3, 2011 9 a.m to 4:45 p.m. EDT. The meeting will take place at the Jacob Javits Federal Building, 26 Federal Plaza, Broadway entrance, 6th Floor, Broadway entrance, 6th Floor Conference Room A/B, New York, NY 10278. While the meeting is open to the public, limited only by the space available. It is anticipated that the space can hold only 300 people. The USA toll-free dial-in number is 800–619–8873; pass code 8693287.


The James Zadroga 9/11 Health and Compensation Act of 2010 established a program known as the World Trade Center (WTC) Health Program within the US Department of Health and Human Services (HHS). The Act includes:

1. Medical Monitoring for Responders
2. Initial Health Evaluation for Survivors
3. Follow-up Monitoring and Treatment for WTC-Related Health Conditions for Responders and Survivors
4. Outreach
5. Clinical Data Collection and Analysis
6. Research on Health Conditions

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, September 21, 2011

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

Guest Blog By Edgar Romano*


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

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

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

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

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

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

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

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

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

EDGAR ROMANO received his undergraduate degree cum laude from Brandeis University and his Juris Doctorate from The John Marshall Law School. He is a Senior Partner in the Workers' Compensation Department and has been with the firm since 1995. Mr. Romano is actively engaged in litigating workers compensation claims including those claims arising out of occupational exposure to asbestos and industrial irritants. He has lectured extensively to labor unions and medical providers. Mr. Romano isPresident of the Workers Injury Law and Advocacy Group and is on the Board of Directors of the New York State Workers' Compensation Bar Association. He is a member of the Leader's Forum of the American Association of Justice and Vice-President of the Workers' Compensation Section. He is a member of theNew York State Bar Association, the New York State Trial Lawyers Association, the Jewish Lawyer's Guild, and NYCOSH. Mr. Romano serves on the Advisory Committee of the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital. He is listed in "Who's Who in American Law"..
Mr. Edgar Romano was selected as one of the "Workers' Compensation Notable People for 2008". These selections are made by the LexisNexis Workers' Compensation Law Center, who state that "These exceptional people have worked tirelessly on behalf of their clients and others and have made significant contributions to the workers' compensation system and/or the workplace". For the complete story go to LexisNexis Workers' Compensation. He blogs regularly at Workers' Law Watch where this posted appeared originally on September 8, 2011.



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.

Tuesday, July 9, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“These workers put their lives on the line for the safety of others,” said Assemblywoman Verlina Reynolds-Jackson. “They should never have to question whether they will be compensated accordingly for the sacrifices that they make.”
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.


Tuesday, October 7, 2008

A Time For Congress to Provide Compensation to 9-11 First Responders


The first responders to the horrific events of September 11, 2008 continue to be unsuccessful in obtaining NJ Workers' Compensation benefits. The Port Authority of New York and New Jersey (Port Authority), an agency formed as an Congressional Inter-State Compact, continues to prevail in the defense of claims brought by its employees, the first responders to the 9-11 tragedy.


Edward McQuade, a Port Authority police-officer, was assigned to the World Trade Center disaster site, "The Pit," for 8 weeks following the 9-11 event and allegedly developed symptomatically. Michael Ashton, also a Port Authority police-officer, worked at ground-zero for the 3 weeks (12 hour shifts) following 9-11, during the rescue and recovery phase complained of disability attributed to the post 9-11 tragedy.



The NJ Judge of Compensation denied their claims for benefits due to lack of objective evidence presented. NJ statutory language requires objective medical evidence to substantial the claims. The claims were denied without the benefits of medical monitoring being afforded for potentially latent medical conditions which are now being reported by medical investigators.


Unfortunately, the heroes of 9-11 continue to be caught in a Catch 22 situation. They lack the proof, based on scientific evidence, because the Federal government has not stepped up to the plate and done the responsible thing which is to adequately fund and co-ordinate medical monitoring, treatment and benefit programs for the 9-11 first responders and those caught the geographical web of the 9-11 scope of exposures.



These decisions scream out for Congressional oversight and advancement of legislation now pending in Congress to continue the program that the was started by the Mt. Sinai Hospital Environmental Sciences Laboratory and the NY City Fire Department. We owe our heroes nothing less than the care, concern and comfort that they gave to the victims and their families.

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.

Friday, February 25, 2011

Pulmonary Disease Linked to World Trade Center Disaster

September 11, 2001 attacks in New York City: V...Image via WikipediaA study, recently published, reveals that sarcoid like granulomatous pulmonary disease is present among the WTC responders. More than 20,000 responders have been examined through the World Trade Center (WTC) Medical Monitoring and Treatment Program since September 11, 2001. Studies on WTC firefighters have shown elevated rates of sarcoidosis. The main objective of this study was to report the incidence of “sarcoid like” granulomatous pulmonary disease in other WTC responders.

Cases of sarcoid like granulomatous pulmonary disease were identified by: patient self-report, physician report and ICD-9 codes. Each case was evaluated by three pulmonologists using the ACCESS criteria and only “definite” cases are reported.

Thirty-eight patients were classified as “definite” cases. Six-year incidence was 192/100,000. The peak annual incidence of 54 per 100,000 person-years occurred between 9/11/2003 and 9/11/2004. Incidence in black responders was nearly double that of white responders. Low FVC was the most common spirometric abnormality.


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, 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 ...

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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.