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Showing posts sorted by relevance for query WTC. Sort by date Show all posts
Showing posts sorted by relevance for query WTC. Sort by date Show all posts

Wednesday, April 7, 2010

World Trade Center Responders Continue to Suffer

The plight of the first responders to the World Trade Center disaster has been objectively corroborated by a recent study published in the New England Journal of Medicine.




"Conclusion: Exposure to World Trade Center dust led to large declines in FEV1 for FDNY rescue workers during the first year. Overall, these declines were persistent, without recovery over the next 6 years, leaving a substantial proportion of workerswith abnormal lung function."

The attack on the World Trade Center (WTC) on September 11, 2001, when terrorists crashed two hijacked planes into both towers of the WTC, resulted in the deaths of 2,751 people on that day. The crashes created massive combustion, fueled by jet fuel, that resulted in a huge release of of contaminants including: asbestos, pulverized concrete, lead and other toxins. It is estimated that over 90,000 individuals were involved in the massive clean-up efforts that went on for months following the horrific event. Thousands of New York City residents, schoolchildren and commuters were also exposed.


Click here to read more about 911 WTC claims.

Saturday, March 20, 2010

Medical Criteria Swamp for WTC First Responders

The threshold question in determining compensability in any program is how to construct a system that will provide immediate and expeditious delivery. The sick first responders to the horrific attack of September 11, 2001, are still struggling to obtain benefits.

The recent plan offered by the WTC Captive Insurance Company, and rejected by the Court, sets forth elaborate eligibility and disability criteria.  The 96 page agreement, and accompanying exhibits, outlining the settlement process provides insight into struggle.

Drawing from far and wide, the proposed agreement tries to cover all potential diseases and schedule them.


"To constitute a Qualifying Injury, an alleged injury must satisfy all three of the following components of the Medical Proof Criteria: (i) it must be one of the “Qualifying Injuries” listed expressly in the tables immediately below; (ii) it must meet the “Diagnostic Criteria” applicable to the Disease Group in which the Qualifying Injury is listed in the tables immediately below; and (iii) it must satisfy the “Impairment Criteria” for the Disease Group in which the Qualifying Injury is listed in the tables..."
The sources include:
"European Respiratory Society/American Thoracic Society COPD Guidelines – 2005; ATS/ERS Criteria for Diagnosis of Idiopathic Pulmonary Disease in Absence of  Surgical Lung Biopsy; Global Initiative for Asthma/World Health Organization; American College of Chest Physicians Consensus Statement; British Society for Allergy and Clinical Immunology guidelines for the  management of rhinosinusitis and nasal polyposis. Scadding GK; Durham SR; Mirakian R;  Jones NS; Drake-Lee AB; Ryan D; Dixon TA; Huber PA; Nasser SM - Clin Exp Allergy.  2008 Feb; 38(2):260-75. Epub 2007 Dec 20.
The proposed system is yet another attempt to quantify disability and adds another set of elaborate medical criteria and complexity to the insurance company playbook. The loquaciousness of the authors of the proposal is mind boggling. This level of sophistication can only compound the delivery of benefits. This proposal is yet another example of the compelling need for one universal national program that can provide benefits to injured workers without the need of hip  high boots to navigate the swamp.

Tuesday, June 21, 2011

World Trade Center (Zadroga) Compensation Fund Rules Announced

Special Master Sheila L. Birnbaum has announced the publication of proposed rules to govern The Zadroga Act Health Claim Fund and the payment of $2.775 Billion of benefits over the next 6 years. The Special Master pledged a process: that is fair, transparent and easy to navigate; procedures that will not dilute the fund; and a full investigation of the response, clean-up and debris removal activities necessitated by the attacks and those injured.

"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 aftermath of the terrorist attacks of September 11, 2001, including those who were injured during the clean-up and debris removal operations at a 9/11 crash site." This extension recognizes the considerable efforts of and effects on those engaged in or in the immediate vicinity of the response, recovery, and clean-up operations. The intent of the extension of the Fund is to provide fair and consistent compensation for those who are eligible and to do so in an efficient and timely manner.

"The regulations reiterate the expanded definition of the "9/11 Crash Site" to include both the crash site and contiguous areas of impact of the aircraft or subsequent fire, explosions, or building collapses. The Special Master will consider scientific evidence regarding the risks of physical harm resulting from the crashes. The routes of debris removal will be considered.

The Special master will "...maintain and publish a list of presumptively covered conditions that resulted from the air crashes or debris removal, and that this list shall consist of the physical injuries and conditions that are found, under the WTC Health Program, to be WTC-related health conditions."
Click Here to View Proposed Rules.

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

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Wednesday, September 19, 2012

Long Hours Linked To Health Problems And Lower Productivity

Guest Post by Deborah Kohl 
of the Massachusetts Bar


Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment. Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary work can lead to decreased productivity, anxiety, and even major depression.
Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.
While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace. Here are a few tips workers can use to stay mentally healthy at work:
  • Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.
  • That said, make a distinction between work and leisure, and make time for social activities outside the workplace. If at all possible, don’t skip holiday breaks. Take your vacation time; getting away from work for a few days at a time often revitalizes, and gives you a better perspective on things.
  • Take care of your health by getting enough sleep and exercise. Sleep is your brain’s downtime. Research shows that during sleep, your brain uses the opportunity to process thoughts and information that it receives during your waking hours—which is why you often think better and more clearly after a good night’s rest. Meanwhile, regular exercise helps you produce and release hormones that improve your sense of well-being, plus it boosts  blood supply to the brain and other important organs.
Attorney Deborah G. Koh has focused her professional energies on workers’ compensation and disability law in Massachusetts through her over 30 years in practice. She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America. Photo Credit: Ambro / FreeDigitalPhotos.net
Read more about "workplace stress"
Jul 06, 2012
The Japanesse courts have coined "overwork" as a soaring compensable mental health condition based on depression cause by adverse work conditions. The worldwide economic downturn has resulted in more demanding ...
Feb 16, 2011
... among those identified WTC-related listed conditions including a number of “aerodigestive” disorders, listed mental health conditions, and musculoskeletal disorders occurring during the rescue or recovery efforts, and (2) a ...
May 08, 2011
Mental Health Conditions New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury: Post Traumatic Stress Disorder (PTSD); Major Depressive Disorder ...
Oct 09, 2011
A link between job security and mental health problems is also revealed in the survey. Employers planning to make redundancies in the next six months are significantly more likely to report an increase in mental health ...

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Sunday, January 23, 2011

Benefits Available Under the Zadroga 9/11 Victim Compensation Fund


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.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."


Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).


For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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.


Saturday, March 20, 2010

Judge Rejects 911 Settlement -- $595 Million Not Enough

A US District Court Judge rejected the proposed settlement for $595 Million, for 911 first ill responders, declared it to be "not enough."

The Judge in reviewing the proposal said, "In my judgment, this settlement is not enough." Judge Alvin Hellerstein remarked, "I have the power of review, and I don't think it is fair."

A proposal was presented by the WTC Captive Insurance Company that manages the $1 Billion fund established by Congress to pay injured workers. 

The Court ordered more settlement discussions in an effort to seek a fair resolution of the litigation. 





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.

Saturday, July 28, 2007

Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits

Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits
Workers' Compensation Board Chair Donna Ferrara applauded the New York State Legislature and Governor Eliot Spitzer for giving World Trade Center responders until August 2008 to file the paperwork needed to claim workers' compensation benefits if they become ill in the future.

"Those who responded to the 9/11 disaster as workers or volunteers have another year to let us know they were on site," Ferrara said. "We want to make sure they preserve their eligibility should they become ill in the future. I congratulate the Legislature and Governor Spitzer for their swift action in passing and signing into law this very important legislation."

The law (S.4067/A.4940), which went into effect July 3, 2007, allows people who worked or volunteered at the World Trade Center to register with the Workers' Compensation Board and reserve the right to claim benefits if they become ill at a later date. It amends workers' compensation law §162 by giving those who participated in the rescue, recovery and clean-up until Aug. 14, 2008, to file a WTC-12 form.

While it is unclear how many people participated in the rescue, recovery and clean-up of the World Trade Center, more than 19,000 people have filed a WTC-12 form, registering as responders and volunteers.

For more information, or to download a copy of the form, visit http://www.wcb.state.ny.us

Friday, July 25, 2008

The Federal Government is Offering Funding for a World Trade Center Non-Responder Medical Program.

An announcement has been for applications for the provision of screening, referral and treatment services for residents, students, and others in the community, related to the September 11, 2001 terrorist attacks in New York City. The program is aimed at the ‘non-responder population.’ Since September 11, 2001, the Department of Health and Human Services, CDC, and NIOSH have been active in assessing the health impact of the World Trade Center disaster. There is currently a program in place to provide health assessment examinations, diagnosis, and treatment for first response emergency personnel (the responder population) in the New York City (NYC) area. The application deadline is August 25, 2008.

The grant awardee would be involved in the following activities:


1. Immediately provide for accessible health assessments, eligibility confirmation, diagnostic, referral and treatment services (including medications and durable medical equipment) to the non-responder population for health conditions associated with WTC dust/debris exposure.


2. Identify the organizational components required to support access to these services, including personnel, examination venues, maintenance of patient records, data platforms and management, compliance with applicable laws, assurance of quality care, coordination of healthcare benefits, and programmatic recordkeeping.


3. Provide referral and treatment services with grant funds only as the Payor of Last Resort. Private health insurance (self-funded or employer-funded), workers’ compensation insurance (employer-funded), and government-funded health insurance (Medicare and Medicaid) shall be used first before grant funds are used. Applicants should demonstrate their capacity to determine insurance status and to seek reimbursement from outside payers. Funds shall not be used to supplant existing activities or for the treatment of the responder population.


4. Establish service information and patient management systems as needed in order to accommodate intake, referral, prompt healthcare services, and reporting of the services provided to the non-responder population. In carrying out these activities, collaborate with other WTC-related healthcare providers, as appropriate and needed.


5. Develop a written Management and Prioritization Plan which identifies the projected service delivery area, explains how the assessment of potential non-responder patient needs will be determined, provides a strategy to ensure meeting those needs, and provides a section focused on ensuring prioritization and management of this program’s health services delivery to meet those needs, within the broader context of all organizational activities and responsibilities. The applicant should state an estimate for the number of non-responders to be served with the requested funds and provide a justification based on an estimation of the projected costs to provide health assessment examinations, and the costs to provide treatment for the expected World Trade Center-related conditions that will be identified.


6. Provide patient encounter reporting on health assessment examinations and treatment to NIOSH for quality assurance. 7. Establish and maintain information and data management systems that will ensure the provision to NIOSH of electronic data in a uniform fashion


Complete Announcement

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