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

As a veteran, Memorial Day (formerly Decoration Day) has a special significance for me. As we all enjoy our 3-day holiday weekend, please remember that American soldiers are still dying in Iraq every day (now up to 1647). If you get a chance, please attend a Memorial Day parade and salute the marching veterans. They will appreciate your support.

While we will be honoring the dead, lets not forget all those soldiers who come home disabled, either physically or psychologically. Since the news focuses so much on death numbers, its easy to forget the much larger number wounded in action (WIA). There have been over 6,300 wounded in Iraq so far. Unfortunately, I see many of these wounded vets when they come home and have to apply for Social Security Disability. Whether they have lost a leg due to a land mine or suffer from post traumatic stress disorder (PTSD), these vets deserve all the support our government can give them.

That's why the President's push to privatize and "reform" Social Security concerns me. When will a 22 year old Army private, now in a wheelchair, get his chance to build up a "private account"? Will Social Security Disability be there for the veteran who has flashbacks and PTSD 20 years from now? I'm still representing Vietnam veterans whose PTSD only recently became disabling. We must remember that Social Security is a government sponsored "security blanket" for seniors and the disabled. It is not a Fidelity investment account. Hope you enjoy (and remember) the holiday!

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Are they nuts? No, just greedy! The Rating Board, which is controlled by workers compensation insurance company CEO's, waited until new Insurance Superintendent Howard Mills was confirmed before submitting their most recent money grab. Former Insurance Superintendent Gregory Serio correctly shot down their last outrageous request for a 29.5% increase, noting that industry profits were over 8% in 2004. Obviously, the insurance companies think they have a better shot with Mills.

The New York State Business Council should start protecting its employer members by fighting the real cause of increasing workers' compensation costs in New York State - the AIG's of the world! What employers really need is a Special Investigation Unit to uncover insurance company fraud!

Thanks to Matt Lerner for posting this important info on his excellent New York Civil Law blog. If you are interested in New York Labor Law 240 and workers compensation law, its a must read.

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Heard a lot of potential good news at the Injured Workers Bar Association conference in Albany over the weekend. First, along with the New York State AFL-CIO, we will be pushing the legislature hard for a long overdue workers compensation rate increase. Its been thirteen (13) years since injured claimants had a raise in their workers compensation payments. During that same period, workers compensation insurance companies have been reaping record profits while cheating the Workers Compensation Board. When will business, represented by the New York State Business Council and the Central New York Manufacturers Association, learn that gouging insurance companies are their real enemies?

Assemblywoman Susan John (D-Rochester), Chair of the Assembly Labor Committee, gave a great presentation on the politics of a workers compensation rate increase. Injured workers throughout New York State are lucky to have Ms. John in their corner. In addition, Jonathan Rosen, an Industrial Hygienist with the Public Employees Federation (PEF), spoke on special workers compensation benefits for PEF members. He also highlighted the importance of New York's Occupational Health Clinics in New York City and Long Island. These clinics have specific expertise in the diagnosis and treatment of many occupational diseases and injuries. All injured and disabled workers should avail themselves of the resources.

Our next conference is scheduled for Buffalo in the early Fall. Then we'll probably return to the milder climate of New York City in the Winter. Hope to see you there.

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Chris Redmond, Craig Rosasco and I had a great time at the Long Island Federation of Labor Dinner this past Monday. Honored for his long time commitment the labor movement was our friend, New York State Assemblyman Tom DiNapoli (Dem - Great Neck). Tom is one of the major players in Albany protecting workers compensation claimants. The son of a CWA union official and a former school board member like me, Tom gave a moving speech about labor’s crucial role in protecting the middle class. No wonder some are touting him as a possible Lt. Governor candidate in 2006.

We also broke bread with many union leader friends, including fellow Daler Nick Lamorte, President of the Long Island CSEA. Nick was a major supporter during my first successful Farmingdale School Board election. As Nick and I joked about old times, in walked Town of Oyster Bay Supervisor and friend John Venditto (Rep- North Massapequa), another Daler and friend of the working man - just ask Auggie Buckhardt of Local 881. Thankfully, Long Island Labor remains a strong and vital part of our local economy.

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Turley, Redmond & Rosasco, LLP salutes all Moms this Mothers' Day! Their unselfish efforts, both in the workplace and home, are too often taken for granted. At 6:30 this morning, my six and seven year old kids announced that they were in the process of making Mommy pancakes and bacon. I knew our kitchen would look like Dresden after the war if I did not get out of bed to supervise. It took us 1 1/2 hours, but the final product wasn't half bad. This making breakfast for the whole family stuff isn't easy! I'm sure many of you had similar experiences, and I hope the Mom in your life had a restful day. She goes back to work tomorrow.

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Coming eerily on the heels of Workers Memorial Day on April 28th, three workers died on the job in Suffolk County on May 2, 2005. In the first accident, two ambulance workers were killed while transporting a heart attack victim to a hospital in Riverhead. In the second accident, a 22 year old man was crushed when a 1,000 pound piece of cement fell off a forklift in Bellport. Our firm has already been retained by the family of one of the victims to prosecute their workers compensation death claim.

Both accidents raise interesting legal issues regarding wage earning capacity. The ambulance worker claims are not literally workers compensation claims. Volunteer Ambulance Workers (as well as Volunteer Firefighters) are covered under separate and distinct laws that are administered by the New York Workers Compensation Board. These somewhat arcane laws can provide better benefits than the Workers Compensation Law itself since they look at the workers "earning capacity" as opposed to actual wages.

The death of the 22 year raises the issue of "wage expectancy". This legal concept, a product of trade union apprentice programs, allows the Workers Compensation Board to artificially boost his average weekly wage to account for a presumption that younger workers wages increase faster in the early years of their careers. Workers compensation death claims are tragic for the families and challenging for the lawyers.

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Last year seven of our clients died on the job. 2004 was the worst year for workers compensation death claims for our clients since the September 11th tragedy. Two deaths involved construction accidents, two were work related heart attacks, one involved a defective industrial machine, one was a motor vehicle accident, and perhaps the saddest was the work related suicide of a long time client who could not take the pain anymore. Our condolences go out to all the widows, children and other family members who lost loved ones in 2004. Across this great country of ours, we must continue to fight to make workplaces safer.

Last Thursday, April 28th, many of us honored the approximately 56,000 Americans who died last year due to work injuries and illnesses on Workers Memorial Day. This somber holiday was first observed in 1989, and since has become an annual remembrance at hundreds of worksites and communities across the nation. It complements the the Triangle Shirt Waist Fire Memorial Dinner we attended last month honoring those who died in that industrial tragedy. In a year packed with many holidays for many good reasons, I think sometimes Workers Memorial Day does not get the attention it deserves. However, those of us who represent widows and children in workers compensation claims are constantly reminded of the reasons for this important observance. We will never forget.

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