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Friday, July 1, 2011

Zadroga 9-11 Compensation Fund Opens for Business

Today, The James Zadroga 9-11 Health Compensation Fund is open for business. Civic leaders will gather to celebrate with a ribbon-cutting at the Mt. Sinai Medical Center in New York City. The Zadroga Fund reopens the 9-11 Victims Compensation Fund and will provide billions of dollars in funding for the benefit of victims and first-responders who were injured as a result of the September 11, 2001 terrorist attacks.

US Congress Members Maloney and Nadler will be joined byU.S. Department of Health and Human Services Secretary Kathleen Sebelius, Mayor Bloomberg, Police Commissioner Kelly, clinic physicians and responders and survivors at the ceremony. The program will take place at Mount Sinai Medical Center, Annenberg Building 1190 Fifth Avenue, 1st floor, Stern Auditorium, Manhattan.


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

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.



Friday, October 19, 2012

Federal Government Urged to Protect Zadroga (9/11 Health Fund) Act from Looming Cuts

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 Contradicts Precedent to Aid Injured and Sick

With the deadline nearing for Congress to negotiate a balanced deficit-cutting package or face deep automatic cuts across federal programs - known as sequestration - U.S. Senators Kirsten Gillibrand (D-NY) and Charles Schumer (D-NY), joined by Representatives Carolyn Maloney (D-NY), Jerrold Nadler (D-NY), Peter King (R-NY), and 9/11 first responders and survivors, stood at Ground Zero today calling on the Office of Management and Budget (OMB) to exempt the James Zadroga 9/11 Health and Compensation Act from automatic budget cuts should sequestration go into effect on January 1, 2013. The 2013 budget cuts already exempt veterans and at least six federal programs which aid the sick and injured from sequestration cut, including the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund. In total, the OMB has included 150 exemptions to date – including the Federal Crop Insurance Corporation Fund and pensions for former Presidents.

During last summer's debt-ceiling crisis, a deal was reached to automatically cut over $1 trillion in defense and domestic programs, known as sequestration, if a "super committee" could not reach a balanced deficit reduction plan. Despite clear precedent for an exemption for health and compensation programs, a preliminary report by OMB shows that $24 million is slated to be slashed from the 9/11 Bill's Victim Compensation Fund, and an additional $14 million would be cut from the World Trade Center Health Fund in 2013.

The lawmakers emphasized that Congressional members from both parties must come together to work towards an alternative to sequestration – a process they believe to be the wrong approach to deficit reduction, and was only to be triggered as a matter of last resort. In the event that these automatic cuts to military and non-discretionary spending do take place, however, New York’s elected leaders will fight to save 9/11 funds from any sequester cuts.

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 not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester… We are concerned that OMB has not fully investigated the facts under which these programs operate.”

“Nothing exemplifies this unbalanced and draconian approach to deficit reduction more than asking our heroes who have already sacrificed so much to sacrifice yet again,” saidSenator Gillibrand. “Our 9/11 heroes who answered the call of duty should be treated with the same dignity as our veterans. Just as we have come together as Democrats and Republicans to fight for our heroes, I urge our colleagues to do the same and work towards a balanced approach that keeps struggling families from sacrificing the most.”

“This is one of the most poignant examples of why we must work to avert the sequester,” said Senator Schumer. “We can entirely avoid this problem if both parties agree to support a balanced deficit reduction plan that includes revenues as well as sensible savings. But in the event that they don't, we must work to make sure there that the burden does not fall on the national heroes who are finally receiving the help they deserve through the Zadroga Act. Veterans have been exempted from sequestration and the heroes who have rushed to towers after 9/11 should be treated the same. They risked their lives in a time of war and suffered for it.”

“Slashing tens of millions of dollars from the World Trade Center Health and Victim Compensation Funds is just plain wrong, said Congresswoman Maloney. “Both are paid for with a dedicated funding stream and do not add one red cent to our nation’s budget deficit. This is a time for all members of Congress to put aside those issues that may divide us and come together as we did in the wake of the 9-11 attacks. After giving our word to those health was affected that we would ‘never forget’ and promising them that we would help them deal with the serious health consequences of responding to the attacks, it would be dishonorable to say now, ‘we take that back.’”

“We are prepared to fight for every last dollar we allocated for our bill, the James Zadroga 9/11 Health and Compensation Act, and ensure that we do not ration assistance for the sick,” said Congressman Nadler. “Thousands of 9/11 responders and survivors are sick today because of their exposure to toxins in and around Ground Zero, and they depend on this funding for their health and well-being. We are calling on the Office of Management and Budget to reconsider its decision on exempting Zadroga from the sequester.”

“We have come too far and our 9/11 heroes have endured too much for this funding to be subjected to a bureaucratic reduction,” said Congressman King. “It would be a cruel hoax to finally allow these individuals to start their necessary treatment, only to find out they will not be able to continue it through no fault of their own.”

“Were I went to school 2 + 2 = 4. I am not sure how they do their math in D.C. The Zadroga bill reduces the deficit by $433 million, said John Feal, Founder and President of the FealGood Foundation. “Why cut a program that reduces the deficit ? We should be talking about adding funds to the bill and keeping it up and running for more than 5 years, certainly not talking about reducing it.”

“Union members fought far too long for health care and compensation for the victims, first responders, recovery workers, and residents of Lower Manhattan to allow that hard fought victory to be eroded by shameful budget cuts,” said New York State AFL-CIO President Mario Cilento. “I commend Senators Schumer and Gillibrand and Representatives Carolyn Maloney, Jerry Nadler, Peter King and the rest of the New York Congressional delegation for standing up for the heroes of 9/11 and pledge that we will not rest until they receive the care and support they deserve.”

“We fought hard for healthcare for those made sick by 9/11 and we will continue to fight for those among us who risked their health, their lives and brought Lower Manhattan back,” said Catherine Hughes, Chair of Community Board 1. “Our heroes must get the healthcare that they deserve period. As a nation we must pay our debts and eliminate government deficits, but the debt we owe to our first responders matters even more.”

In addition to noting that cuts to these programs would be devastating for the families of 9/11 victims and first responders, the five members of Congress also pointed out three key reasons why the 9/11 programs should be exempt from automatic cuts:

· The 9/11 health programs should be added onto the list of federal health and compensation programs that are already immune from cuts. There are currently 150 exemptions, including at least six programs established for injuries and illnesses, signed into law by February 2010—nearly a year before the 9/11 health bill was passed. Had the 9/11 health bill existed then, the 9/11 programs would have been among the items protected from sequestration.

· The proposed budget cuts are an affront to the 9/11 health law that was already formulated to cut the deficit. The 9/11 law was already devised to be fully paid for and to cut the deficit. According to the Congressional Budget Office's estimate, the law slashes $433 million from the deficit.

· The preliminary budget fails to take into account New York City’s agreement to voluntarily pay 10% share for the 9/11 program. Under federal rule, “activities financed by voluntary payments to the government” are exempt from sequester. Lawmakers pointed out that according to this statute, the City’s voluntary contribution should be protected from the sequester process.

The budget already spares veterans from most of the automatic budget cuts. OMB released a letter in April assuring that programs under the Veterans Affairs agency would be exempt from sequestration.

Full text of the lawmakers’ letter from September 28th is below:

Dear Acting Director Zients,

We are writing to convey our deep concern about the Office of Management and Budget’s (OMB) initial determination that the programs established by the James Zadroga 9/11 Health and Compensation Act are subject to sequestration under the Sequestration Transparency Act of 2012. As Members of Congress, some of whom voted for the “Budget Control Act of 2011” and some of whom voted against, we all agree that applying sequestration to these two programs does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester.

The September 14, 2012 “OMB Report Pursuant to the Sequestration Transparency Act of 2012 (P. L. 112–155)” identifies the World Trade Center (WTC) Health Program, administered by the Department of Health and Human Services and the September 11th Victim Compensation Fund (VCF), administered by the Department of Justice as programs subject to sequestration. Both of these programs are listed as being subject to a 7.6 sequester percentage with the WTC Health Program’s $190 million budget authority for FY 2013 slated for a $14 million reduction and the VCF’s $322 million budget authority reduced by $24 million. Not only would these cuts be devastating for the victims that need assistance, we are concerned that OMB has not fully investigated the facts under which these programs operate.

For example, the 7.6% sequester estimate was applied to the total $190 million health program instead of subtracting the 10% payment volunteered by the City of New York prior to calculating the cut. Pursuant to the PAYGO Statue, Section 11(g) ‘‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments” are exempt from sequester. The City of New York has voluntarily agreed, through a memorandum of understanding (MOU), to pay a 10% share for the program. Therefore, including their portion of the funding violates the sequester process.

In addition, as OMB is aware, the PAYGO Statute which was signed into law in February 2010 includes 150 exemptions. Among the programs exempted are similar health and compensation programs that have been established for other injuries and illnesses such as: the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund to name a few. But the 9/11 health and compensation funds did not exist at the time the PAYGO Statute was enacted. The James Zadroga 9/11 Health and Compensation Act, which established these funds, was not passed by the Congress until December 2010 and was signed into law by the President in January of 2011. Clearly had the 9/11 Heath and Compensation programs existed in February 2010, when the PAYGO law was passed, they would have been included on the list of specific exemptions and therefore we request that both the health and compensation programs are excluded from sequestration.

Moreover, the James Zadroga 9/11 Health and Compensation Act, when enacted, was not only fully PAYGO compliant with a dedicated stream of revenue that fully pays for the program, but in fact provided an additional $433 million in deficit reduction, revenue above what the Act spent. Given that it was fully PAYGO compliant and in fact in the end will lead to over $400 million in deficit reduction we do not believe that subjecting the two programs to sequester is proper or consistent with the precedent set by similar health and compensation programs provided to injured workers.

In conclusion, we know that the task before OMB is difficult and it is our sincere hope that Congress will find an alternative to sequestration. However, as your report states on page one, “The estimates and classifications in the report are preliminary. If the sequestration were to occur, the actual results would differ based on changes in law and ongoing legal, budgetary, and technical analysis.” We therefore write to you in the hope of pointing out that we do not believe that Congress intended to have these two programs fall under sequestration.
....

Friday, June 3, 2011

New Website for September 11th Victims Compensation Fund

The United States Department of Justice has established a new website for the September 11th Victims Compensation Fund (Zadroga Act). The Internet presence was established following the naming of Shelia Birnbaum, a defense attorney, as the Special Master of the Fund.

The program was established to provide compensation and medical monitoring to victims of the September 11th tragedy in New York City. Regulations for the operation of the Fund have yet to be announced. It is anticipated that the Fund should be operational by July 1, 2011.

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.

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.

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, July 19, 2011

Zadroga WTC Health Claims Fund Town Hall Meetings

The Special Master for the Zadroga 9-11 Victims Compensation Fund, Sheila L. Birnbaum, will be holding a series of public town hall forums to discuss the operation of the Fund. Those meetings will take place in both New York and New Jersey.
  • Wednesday, July 27th 6:00-7:30pm: Queens Borough Hall, 120-55 Queens Blvd, New York, NY
  • Thursday, July 28th 6:00-7:30pm: Jersey City City Hall - Council Chambers, 280 Grove Street, Jersey City, NJ
  • Tuesday, August 2nd 6:00-7:30pm: Melville Marriott, 1350 Old Walt Whitman Road, Melville, NY
The program was established to provide compensation and medical monitoring to victims of the September 11th tragedy in New York City. Regulations for the operation of the Fund have yet to be announced. It is anticipated that the Fund should be operational by July 1, 2011. 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.

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.



Related articles

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.

Monday, December 21, 2015

Congress extends the Zadroga 9/11 Health and Compensation Act

The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.

Thursday, March 10, 2011

NIOSH Seeks Information About World Trade Center Cancer Claims

September 11, 2001 attacks in New York City: V...Image via Wikipedia

The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347). 

In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program.

The WTC Program Administrator is requesting information on the following:

  • (1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer; 
  • (2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud on 9/11/01; and 
  • (3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions. 

DATES: Comments must be received by March 31, 2011. ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods: 
  • Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. 
  • Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH-227 will close on March 31, 2011. 
All comments received will be available on the NIOSH Docket Web page at http:// www.cdc.gov/niosh/docket by April 30, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

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 6, 2011

9-11 Photographic Remembrance - Photographer Joe McNally Comments on His Project

Joe McNally, an incredibly skilled professional photographer discusses his project commemorating the 10 anniversary of the World Trade Center attack in New York City. Joe's recent blog reveals his dedication, commitment and endurance in photographing the horrific event 10 years ago and then updating the project for the 10th Anniversary. His project is now on display at the Time-Warner Center in New York City.


Click here to read the Blog Post:  http://bit.ly/n7rR7v

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.

Tuesday, July 26, 2011

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

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 concludes:
"Based on the scientific and medical findings in the peer-reviewed literature reported in this first periodic review of cancer for the WTC Health Program, insufficient evidence exists at this time to propose a rule to add cancer, or a certain type of cancer, to the List of WTC-Related Health Conditions. "

Although a determination cannot be made to propose a rule to add cancer, or a type of cancer, to the List of WTC-Related Heath Conditions at this time, it is important to point out that the current absence of published scientific and medical findings demonstrating a causal association between the exposures resulting from the September 11, 2001, terrorist attacks and the occurrence of cancer in responders and survivors does not indicate evidence of the absence of a causal association. 

"It is expected that the second periodic review of cancer for the WTC Health Program will be conducted in early to mid-2012 to capture any emerging findings about exposures and cancer in responders and survivors affected by the September 11, 2001, terrorist attacks.

Tuesday, July 3, 2012

WTC Health Program: First Year Anniversay


WTC Program Administrator John Howard, M.D. comments about the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act


On July 1st we marked the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act going into effect, officially launching the World Trade Center (WTC) Health Program. The WTC Health Program is a unique government program that provides medical evaluation and treatment to eligible 9/11 responders and survivors.


After opening our doors one year ago, we have made a lot of progress in our ability to respond to the needs of our members. We wanted to take this opportunity to reflect on the past year and how the Program has grown and what we will be focusing on in the coming months.


If you should have any questions about the WTC Health Program, please email us at WTC@cdc.gov.


Thank you,


John Howard, M.D.
Administrator, World Trade Center Health Program


Achievements and Looking Ahead

  • Since the Program became effective last year, it has helped over 60,000 people receive benefits, including those who were previously enrolled in the medical monitoring and treatment program and more than 1,200 new enrollees.
  • The WTC Health Program Scientific/Technical Advisory Committee (STAC) met three times to discuss and prepare their recommendation on whether to add cancer to the list of health conditions covered by the Program.
  • On June 13, we published a proposed rule to add certain types of cancers to the list of conditions the Program covers. We based this decision on a hierarchy of methods, including the recommendation of the STAC. After a 30 day public comment period, the Administrator will consider and address those comments as appropriate before issuing a final ruling.
  • In May, Stony Brook Medical Center opened a new clinic in Brooklyn to serve 9/11 responders, providing another place to get care that is closer to home and/or work.
  • The funding announcement for outreach and education cooperative agreements has gone out and we are looking forward to reviewing the proposals. The purpose of the awards is to recruit eligible responders and survivors and help them enroll in the Program to receive the care they need and deserve.
  • We will continue to work to improve the Program, including establishing eligibility criteria for Pentagon and Shanksville, PA responders.
  • We will expand the Program so that through the nationwide network of providers both responders and survivors who live outside the New York City metropolitan area can receive monitoring and treatment benefits near to where they live.