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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]
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.

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 ...

….
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.

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.

Wednesday, November 27, 2013

The World Trade Center Registry Opened Again to Register 9-11 Workers

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers' Compensation Law under Article 8-A. The legislation extends and enhances workers' compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.

Reopening of Registry and Extension of Filing Period for Form WTC-12

The World Trade Center Registry, which preserves workers' compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely.
Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers' Compensation Board (Board). This registration will preserve workers'...
[Click here to see the rest of this post]
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Sunday, September 22, 2013

Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program

Many victims of the 9-11 World Trade Center terorist attack have not yet sought medical care nor filed a claim for benefits. Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov


Glenn, a retired New York City police officer, shares how the World Trade Center Health Program helped him regain his health.

Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition.

NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify.

The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe...
[Click here to see the rest of this post]

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

DIGITAL IMAGE

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

[Click here to see the rest of this post]

Wednesday, September 4, 2013

9/11 Claim Fund Countdown To The October 3, 2013 Deadline

Zadroga 9/11 Claim Fund Countdown



"The Victims Compensation Fund (VCF) was originally established by Congress in 2001. It was designed to bring financial relief to those most devastated by the events of September 11, 2001. The original VCF provided compensation to eligible individuals who were physically injured as a result of the terrorist attacks and the beneficiaries and families of individuals killed as a result of the terrorist attacks. The original VCF operated from December 2001 until June 2004.
"On January 2, 2011, the President signed the Zadroga Act into law. Title II of the Zadroga Act amends the original 2001 Act and reopens the VCF. The new VCF expands the eligibility rules so that more individuals can now receive compensation. The new VCF now provides compensation to eligible individuals who were present at the crash sites or locations of debris removal from September 11, 2001 through May 30, 2002. (The original VCF provided compensation only for persons who were present in the 96 hours following the attacks).
"The new VCF will be open to receive claims for five years (beginning October 3, 2011). However, the deadline for filing your claim is two years after you learn of your physical harm. That means that if you knew about your harm before October 3, 2011, you must file your claim before October 3, 2013. If you learn of your physical harm after October 3, 2011, your deadline to file is two years after the date on which you learned of the harm. To meet this deadline, the VCF must receive your complete Registration Form within the relevant two-year window if you submit your claim online. If you choose to submit your claim in hardcopy, the VCF must receive your Eligibility Form, even if not complete, within the relevant two-year window. Congress appropriated $2.775 billion for the new VCF and authorized the VCF to distribute $875 million of that amount during the first five years of operations.
"Your participation in the VCF is voluntary. If you choose to make a claim with the VCF, you waive your right to bring a lawsuit to recover for any injuries you claim as a result of the attacks.
...
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 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.

Read more about the Zadroga 9/11 Health Claim Fund

Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

Tuesday, July 9, 2013

Zadroga 9-11 Fund to Make Payments for Prostate Cancer

On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.

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:
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 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 ...
Jul 26, 2011
The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...
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 ...





Wednesday, June 5, 2013

NIOSH to Establish a National Workers' Compensation Data/Analysis Center

The long wait is over, the Federal government in getting into the workers' compensation data collection and analysis business. NIOSH (The National Institute for Occupational Safety and Health) has announced that it is entering into the arena, largely filled by the insurance industry  and NISOH will establish the NIOSH Center for Workers' Compensation Studies (CWCS).

In 2013,the NIOSH Center for Workers’ Compensation Studies (CWCS) was created to organize workers’
compensation data that are already being analyzed by NIOSH researchers in existing programs, such as the Economics ProgramSurveillance Program, and the Center for Motor Vehicle Safety. This is important because coordinated workers’ compensation research has been conducted mostly at large commercial insurers, state-based insurers, or organizations such as the National Council on Compensation Insurance (NCCI)External Web Site Icon, which cannot always widely distribute their research findings.
We are conducting analyses across a wide range of industry sectors, including:
  • Construction
  • Healthcare and social assistance
  • Manufacturing
  • Public safety
  • Services
  • Mining
  • Transportation
  • Warehousing
  • Wholesale and retail trade
The mission of the CWCS is to use workers’ compensation data to prevent and reduce the severity of workplace injuries and illnesses. We will work with public and private partners to maximize the use of their own workers’ compensation data.

Wednesday, May 8, 2013

New DSM Criteria Manual Challenged by Expert for Lack of Validity

Setting standards for the assessment of psychiatric criteria in workers' compensation claims has been a major challenge. Subjective criteria has been difficult for the experts, evaluators and courts to yield an objective analysis.

With a new version of the Diagnostic and Statistical Manual of Mental Disorders, or
D.S.M., to be published a new challenge to the assessment tool has been made.

"Just weeks before the long-awaited publication of a new edition of the so-called bible of mental disorders, the federal government’s most prominent psychiatric expert has said the book suffers from a scientific 'lack of validity.'"

Read the complete article "Psychiatry’s Guide Is Out of Touch With Science, Experts Say" NY Times

Thursday, January 31, 2013

9/11 Fund Starts Making Payment to Victims

The Zadroga 9/11 Victims Claim Fund has started to make payments to victims of the World Trade Center attack. First Responders andthose who lived or worked in the immediate geographical site near "ground zero" may be entitled to the payment of benenfits for illness and injuries that they suffer as a result of the terrorist attack.

Those eligible include, individuals present at  a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.

Saturday, January 12, 2013

9/11 VCF Claims: Motley Rice Attorney to Speak About Claims Process

Vincent I. Parrett
Motley Rice attorney Vince Parrett has been invited to speak to a group of N.J. lawyers and judges at a New Jersey Institute for Continuing Legal Education seminar on Jan. 29, 2013, to discuss “New 9/11 Victim Compensation Fund Claims: What Attorneys Need to Know.”

Parrett, who represents 9/11 survivors and victims’ families, has been an advocate for the rights of cancer-stricken 9/11 survivors who were exposed to toxins at the 9/11 crash sites and a strong supporter of the efforts made to allow them to seek compensation under the “New” Victim Compensation Fund (VCF).

In addition to the thousands who lost their lives or were injured during the Sept. 11, 2001 attacks, many others were hurt by exposure to environmental toxins that the attacks or cleanup work caused. Signed into law by the President in 2011, The James Zadroga 9/11 Health and Compensation Act of 2010 broadened the scope of the original September 11th VCF and expanded eligibility for compensation to first responders, cleanup workers, volunteers and others involved in the rescue and debris removal efforts.

This reactivated VCF began the process of providing economic relief to people who were physically injured or suffered toxic exposure. Among those who might be eligible for compensation are first responders, cleanup workers and residents in the Canal Street area who suffered injuries, illness or death resulting from work or toxic exposure at the World Trade Center, Pentagon or Shanksville, Penn., crash sites.

Most recently, on Sept. 10, 2012, federal authorities added 58 types of cancers to the list of covered illnesses. This action enables first responders and others who were at Ground Zero to receive medical care for certain cancers they developed post-9/11.

Learn more about the Victim Compensation Fund.

Click Here to Register Now: for the January 29, 2013 Seminar

Read More About "9/11 Claims" and Workers' Compensation Law.

Dec 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does .

Oct 19, 2012
Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and ...

Sep 11, 2012
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 ...

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.

Wednesday, December 19, 2012

9/11 Rescue Workers At Increased Risk for Cancer

Rescue and recovery workers at the 9/11 World Trade Center terrorist attack site have been reported to be at greater risk of certain cancers. The study followed a group of workers who have been exposed to toxic dust and fumes following the attack in New York City.

The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.

Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program.  The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 


Read more about 
The Zadroga 9/11 Victim Compensation Fund Benefit Program

Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...