Pataki Signs 9/11 New York Disability Pension Law
In a significant win for the rescue and recovery heroes of 9/11 and New York's municipal unions, last week Gov. George Pataki finally signed the 75% disability pension bill for workers who become ill as a result of working at Ground Zero. Municipal employees, mostly police and firemen, who worked more than 40 hours at Ground Zero and develop cancer or other diseases are now presumed to have gotten these illnesses from the 9/11 clean up, unless the employer can prove otherwise.
I have a 36 year old friend who is a New York City fireman (New York's Bravest) and worked at Ground Zero for over three months looking for the remains of his brother, a fellow fireman. He now has multiple granulomas on his lungs, which could be a precursor to lung cancer. The New York City Fire Department won't let him return to active duty. This new disability pension law will help protect his family in the future. Give credit to the Governor for doing the right thing for the heroes of 9/11. Now, how about a workers' compensation benefit increase, George? Its only been 13 years!
I have read the bill signed by Gov. Pataki and have a question regarding one of the criteria necessary for a disability pension under this bill.
The bill states that in order to qualify, one must have on record a medical examination given by the employer prior to employment. What if that worker, who aided in rescue on 9/11, was caught in the collapse of one tower, saved people, subsequently worked at ground zero for ten days, is a peace officer (no gun) who won an award for heroism, is denied benefits (psychological) because the employer did not give a medical exam prior to employment some 17 years before?
Are there any provisions in the bill that would allow for such a circumstance? Does the bill allow for revision?