New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

On April 26, 2005, New York Attorney General Eliot Spitzer announced an investigation of alleged improper booking of workers compensation premiums at insurance giant American International Group (AIG). This continues the problems at AIG, where last month CEO Maurice "Hank" Greenberg was forced to resign in the midst of various financial probes.

The New York State Workers Compensation Board and the Workers Compensation Security Fund are financed by an assessment on insurance companies based upon their written premiums. The theory is that the largest insurance carriers, based upon workers compensation premiums charged to employers, should pay a larger proportion of operation and fund expenses. It is alleged that AIG shifted legitimate employer "workers compensation premiums" to "general liability premiums" to avoid having to pay their fair share of Workers Compensation Board expenses.

How do these financial workers compensation shenanigans affect you? If the Workers Compensation Board or the Workers Compensation Security Fund goes broke, the taxpayer will be forced to pay the financial bail out. In the post-Enron world, we now know that the little guy gets stuck with the bill. The CEOs escape real punishment and leave town with billions. Want to know AIG ex-CEO Greenberg’s net worth?

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In a clever twist on President Bush's under funded "No Child Left Behind" education law, Matt Miller labeled the President's Social Security Plan as "Leave Huge Debts Behind" in a great opinion piece in yesterday's New York Times. After a good laugh, I sadly realized how similar both programs really are.

No Child Left Behind provides almost no funding to get our kids' education on par with what they will need in the super-competitive workforce. Leave Huge Debts Behind (ie Bush Social Security Plan) mortgages our kid's future with an extra $200 billion added to the existing Federal debt. Bottom Line- the Bush Social Security Plan will leave future generations poorer, while No Child Left Behind will leave them less educated than they need to be. Rather than leaving No Child Left Behind, we will be leaving all children with far less economic security than they need. In my house, that's not being a responsible parent.

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Even though Congress included the words "Consumer Protection Act" in the name of this horrible new law, it is really a misnomer. There is not one single pro -consumer part of this law. Because of "means testing", many middle class Americans will not be able to file for Chapter 7 bankruptcy. The predatory credit card companies spread so much money through the halls of Congress that even moderate Democrats supported this unconscionable gift to these gluttonous money changers. President Bush signed the new law on Wednesday.

I went to a presentation last night by a Federal Bankruptcy Trustee who explained the new law. He was not impressed by this mean spirited legislation. As the Trustee said, there were provisions in the old law, that he frequently used, to stop the small minority of credit card abusers. The majority of my Workers Compensation and Social Security Disability clients never abused credit. They simply had the unfortunate luck to have been injured on the job or come down with a crippling illness, and now can't pay the bills. Bottom Line - if you suddenly become disabled or lose your job and face mounting medical bills or can't pay the mortgage, you may as well be in debtor's prison. The old bankruptcy law gave hard working middle class Americans who fell on hard times a fresh start. Those days are over.

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Suffolk County is lucky to have some of the bravest police officers in the New York area. Last weekend, Bill Turley and a group of attorneys from our firm attended the Suffolk County Police Benevolent Association's Silver Shield Awards Dinner. For over ten years, we have had the privilege of being Workers Compensation Counsel to the PBA.

The Silver Shield Dinner is the PBA's night to honor individual police officers for specific heroic acts. One uplifting example was a group of three officers who responded to a call about a child laying face down in a pond. When the officers arrived, the child was not breathing. They immediately scooped the child into their arms, began CPR and transported him to Brookhaven Memorial Hospital. Eventually, the child began breathing on his own and was given a second chance at life. This was but one of the many inspiring stories of heroism heard that night.

Turley, Redmond & Rosasco salutes all the Silver Shield Recipients. We also congratulate our good friend and Suffolk PBA President, Jeff Frayler, on his installation along with the other fine officers of the PBA.

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On April 6, 2005, New York State Attorney General (and candidate for Governor) Eliot Spitzer met with the Workers Compensation Alliance in Albany to discuss problems injured workers have with the current Workers Compensation Board. My partner Bill Turley attended this important meeting, which included some of the top workers compensation attorneys and union officials in New York State.

Attorney General Spitzer was both engaging and informed. You could tell he did his homework prior to the meeting. He stated that if he is elected Governor in 2006, the Workers Compensation Board will not be used as a tool to further a political agenda. Rather, it shall be a respectful judicial forum equally concerned with the rights of all parties, including injured workers. In addition, he is NOT in favor of limiting benefits for those who are permanently disabled. Lawyers for workers compensation claimants can't ask for more than that!

We told the Attorney General that injured workers had not received a benefit increase in over 12 years, and it was high time to do something about it. All in all, the meeting was a great success for the Workers Compensation Alliance, and we look forward to working with Mr. Spitzer and other friends of injured workers in the future.

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Another one bites the dust! About two hours ago, Bextra, a popular prescription pain killer similar to Vioxx, was pulled from the market due to its potential to cause fatal illness. Celebrex, another Cox-2 inhibitor, will still be allowed to be sold but only with highlighted warnings. If your doctor still has you on Celebrex, you may want to discuss the risks, sooner rather than later!

Many of our clents receiving workers compensation, social security disability and/or long term disability were prescribed these drugs for relief of their pain. Unfortunately, some have suffered heart attacks or strokes due to these drugs. As I am sure you have seen on T.V., many lawyers are pusuing lawsuits for Vioxx, Bextra and Celebrex victims, with some straining legal ethics. As in every profession, there are a few who are "good" and then there are the rest. If you need a referal to one we respect, call us Toll Free at 1-877-NY-DBLAW, ext. 123.

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I will be presenting a Continuing Legal Education Seminar entitled "Representing Your First Workers Compensation Client" on Saturday, April 16, 2005 at my Alma Mater, St. John's University School of Law. This is part of the Law School's "Bridge the Gap Weekend" for newly admitted attorneys or experienced lawyers looking for a new practice area.

I promise not to lecture! This is a practical program where attorneys will argue several hypothetical cases and learn about: the initial client interview, accidents vs. occupational diseases, preparing for a hearing at the New York State Workers Compensation Board, appeals and workers compensation settlements. Attorneys can earn 16 transitional CLE credits by attending the entire weekend, which will include programs by my good friends and colleagues Joseph Ferri, Esq., Alan Hodish, Esq., Peter Bongiorno, Esq, Donald Hazelton, Esq and Stephen McGiff, Esq. For more info, call the St. John's CLE Office at (718) 990-6006. Hope to see you there!

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