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

After a long struggle and much legislative effort by the New York Workers' Compensation Alliance and the New York State AFL-CIO, Governor Pataki signed the 9/11 Rescue and First Responders Workers' Compensation bill yesterday at the foot of the former World Trade Center site.  In addition to the Governor, both Sheldon Silver, Joe Bruno and their fellow legislators deserve tremendous thanks and admiration for their support.  For a great New York Daily News editorial on this issue, click here. 

Unfortunately, New York City Mayor Mike Bloomberg, in a Scrooge-like statement, blasted the new benefits.  Quoting Scrooge in Dicken's immortal Christmas Carol, one might think that Mayor Bloomberg would like Ground Zero workers to "die and decrease the surplus population!".   Sorry Mike - your a good Mayor, but your on the wrong side of this issue.

As detailed previously on this blog, this new law will allow many Ground Zero rescue workers and first responders to obtain the medical and lost wage benefits they deserve if they are currently sick or become sick in the future.  In addition, the Governor signed a new bill granting 3/4 Accidental Disability pensions and death benefits to public employees who can show a link between their exposure to toxins at Ground Zero and their current disability.  For the full text of the new 9/11 workers' comp law, please click here.  Any person who has questions about their eligibility for these new benefits,   please feel free to call Turley, Redmond & Rosasco toll free at 1-877-NY-DBLAW for a free consultation.

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In April of this year, New York joined the growing list of states banning discretionary clauses in ERISA long term disability policies, much to the benefit of disabled workers.  Unfortunately, the New York State Insurance Department recently rescinded it's prior advisory letter in favor of proceeding with formal rule making in the future.  While it is clear that New York still feels that "discretionary clauses" are unfair to ERISA long term disability plan participants, this newest circular letter does subject current disability claimants to uncertainty in the near future.

New York Insurance Department Circular Letter # 8, dated 3/27/06, required long term disability insurance companies to remove "discretionary clauses" from disability income policies within 30 days they were "unjust, unfair, inequitable,  misleading , deceptive or contrary to public policy".  New Circular Letter # 14, dated 6/29/06, super cedes and withdraws Circular #8, and states that the Department will be drafting regulations which would "prohibit the use of discretionary clauses".  In the interim, the Department "suggests" that long term disability insurers remove discretionary clauses from policies.

While the latest statement from the New York Insurance Department takes a little wind out of the initial announcement in March, it could lead to stronger permanent regulations which will have more impact in court.   In addition, the formal rule making process allows for public comment.  You can be sure the long term disability carriers will use this opportunity to water down the new regulations to their economic benefit.   You can also be sure that Turley, Redmond & Rosasco will counter all such comments vigorously to protect disabled policyholders in their long term disability claims.

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