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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Monday, August 11, 2014
1 month left for 9/11 responders to apply for workers’ comp
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... |
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Wednesday, March 19, 2014
WTC P-11 Compensation Fund To Publish Procedure on How to Add Non-Cancer Conditions to List of Eligible Claims
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.
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 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.
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Wednesday, February 19, 2014
World Trade Center Fund Now Covers Myeloid Malignancies
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.
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Tuesday, December 17, 2013
Governor Cuomo Announces Significant new Protections for World Trade Center Workers
“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.
….
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Wednesday, November 27, 2013
The World Trade Center Registry Opened Again to Register 9-11 Workers
On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers' Compensation Law under Article 8-A. The legislation extends and enhances workers' compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.
Reopening of Registry and Extension of Filing Period for Form WTC-12The World Trade Center Registry, which preserves workers' compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely.Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers' Compensation Board (Board). This registration will preserve workers'... |
….
Read About the Zadroga 9-11 Fund
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Tuesday, October 22, 2013
Snowden Offers to Fix Healthcare.gov
Speaking from an undisclosed location in Russia, Mr. Snowden said he hacked the Web site over the weekend and thinks he is “pretty sure what the problem is.” “Look, this thing was built terribly,” he said. “It’s a government Web site, O.K.?” Mr. Snowden said that if an immunity deal can be worked out, “I can get to work on this thing right away—I don’t need a password.” In addition to full immunity, Mr. Snowden said he is requesting that he be allowed to work from home. At the White House, President Obama offered a muted response to Mr. Snowden’s proposal: “Edward Snowden is a traitor who has compromised our national security. Having said that, if he knows why we keep getting those error messages, that could be a conversation.” Get the Borowitz Report delivered to your inbox.Photograph: AP. |
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Friday, October 4, 2013
Jury weighs talcum powder-cancer link
Talc has been considered a potentially carcinogenic substance.Tody's post is shared from argusleader.com
A jury has been asked to decide whether a Sioux Falls womans ovarian cancer was caused by her use of talcum-based body powder. Deane Berg, 56, sued Johnson & Johnson in 2009, saying her 30-year use of the companys products for feminine hygiene caused her illness and that the products should have carried warning labels. Bergs trial began almost two weeks ago in U.S. District Court in South Dakota. Jurors heard testimony from eight expert witnesses who sparred over decades of medical research on the topic and over the meaning of the talc found in Bergs cancer tissue. Berg, whose cancer is in remission, wants jurors to award damages for medical expenses and punitive damages for failing to warn the public. The company wants jurors to reject the notion that the mineral, which is used in toothpaste, chewing gum and aspirin, carries any real danger for consumers. During closing arguments Thursday morning, Bergs lawyers said talcum-based powders should carry a warning that notes the association between their use and increased risk of ovarian cancer. Berg learned of the possible link after her diagnosis in 2006, from a brochure she was offered at Sanford USD Medical Center. Studies dating as far back as 1971 have found an association. The International Agency For Research on Cancer lists talc as a 2B substance, meaning possibly carcinogenic to humans. Condom manufacturers stopped using the mineral in 1996, and a Johnson & Johnson subsidiary ceased using it in diaphragms that same... |
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Monday, September 30, 2013
Open for Business Tomorrow: Healthcare.gov
Visit Healthcare.gov for further information.
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Saturday, September 28, 2013
World Trade Center Health Program; Addition of Prostate Cancer to the List of WTC-Related Health Conditions
[Click here to see the rest of this post]
Related articles
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Sunday, September 22, 2013
Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program
Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition.
NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify.The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe... |
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Friday, September 20, 2013
Feds add prostate cancer to list of 9/11 health-related conditions
Today's post was shared by Pasternack Tilker Ziegler Walsh Stanton & Romano and comes from www.nydailynews.com
Prostate cancer has been added to the list of World Trade Center-related health conditions. The federal Department of Health and Human Services added the cancer to its register Thursday after being petitioned by the Patrolmen’s Benevolent Association, the city police officers union. The union cited a scientific study that found a 17% greater than expected rate of prostate cancer among first responders. The addition will cost the WTC Health Program an estimated $3 million to $6 million a year. “It’s a minor victory for the 9/11 community and a huge victory for those with prostate cancer,” said John Feal, who advocated for the Zadroga 9/11 health bill, named for NYPD officer James Zadroga, who died of respiratory problems following his rescue efforts at Ground Zero. Corinne Lestch |
Saturday, September 14, 2013
More than 1,100 have cancer after 9/11
Today's post was shared by WCBlog and comes from www.cnn.com
Reggie Hilaire was a rookie cop on September 11, 2001.
He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.
For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.
In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.
It's a cancer that usually strikes much later in life. Hilaire was 34.
More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.
A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.
These are the first numbers released since the program was expanded a year ago.
In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.
Dr. John Howard,...
[Click here to see the rest of this post]
Found on
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Thursday, August 22, 2013
NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim
"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.
"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”
"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....
Tuesday, July 9, 2013
Zadroga 9-11 Fund to Make Payments for Prostate Cancer
Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services
Department on 07/02/2013
For more information about filing a claim click here. Click to submit a case inquiry.
Related information about Zadroga 9-11 Claims: