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

Last week the New York Daily News had an excellent story by Heidi Evans detailing the battle 9/11 responder Daniel Arrigo has gone through to obtain his workers' compensation benefits.  Here we are - nearly 8 years since the World Trade Center tragedy - and insurance companies are now  to fighting 9/11 workers comp claims harder than ever as the spotlight has shifted from terrorism to the economy.  Give the New York Daily News credit for keeping the spotlight shining bright on the health of  WTC first responders and volunteers.

In a follow-up to the Daily News article, I was interviewed by the leading trade publication on workers' compensation issues, Workcompcentral, on Mr. Arrigo's case.  In the article, I stated that Mr. Arrigo's plight is "sadly familiar" to those of us attorneys who handle 9/11 Ground Zero claims on a regular basis.  Sadly, there are many more "Daniel Arrigos" out there in need of  experienced Ground Zero workers' compensation lawyers because insurance companies fight legitimate claims with one hand, while asking for taxpayer bailouts with the other.  Disgusting! 

• Email This
• Print
• Comments
• Trackbacks

At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have.  In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families.

For the those among us who are not working due to accidents or disease, may 2009 bring you a return to work and good health.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to representing injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May 2009 bring happier, healthier and more prosperous days to the clients we serve.  Merry Christmas and Happy Holidays!

• Email This
• Print
• Comments (1)
• Trackbacks

I had a great time at the NOSSCR Social Security Disability  law conference in Los Angeles last week.  I actually had a chance to chat with Social Security Commissioner Michael Astrue down at the pool.  This is a very bright guy, and in my opinion he is moving the agency in the right direction.  His Deputy Commissioner Linda deSoto and Chief Administrative Law Judge Frank Cristaudo were also quite impressive.  It was also great to break bread at an old Italian restaurant named Matteos with my good friend Larry Wittenburg, probably the best Social Security attorney in North Carolina.

As a Member of the NOSSCR Board of Directors and Second Circuit representative, I hosted our Second Circuit Round-table discussions on Wednesday night which are always interesting.  The rest of the seminars dealt with how to win Social Security disability claims involving many types of disabilities, including heart disease, cancer, diabetes, HIV/AIDS, depression, MS (multiple sclerosis), lupus, fibromyalgia, herniated disks, bipolar disorder, arthritis, seizure disorders, lung disease, RSD (reflex sympathetic dystrophy),  COPD,  CRPS (Chronic regional pain syndrome), anxiety and PTSD (post-traumatic stress disorder). 

Our office sees these and other unique diseases every week.  We probably have a higher incidence of PTSD here in New York due to the ongoing trauma of 9/11 workers' compensation claims.  The next national Social Security disability lawyer conference will be next Spring in Washington, DC, where we plan to lobby Congress to improve the Social Security Disability system for disabled clients. 

• Email This
• Print
• Comments
• Trackbacks

As the New York Disability Law Blog has done since its inception, today we pay respects, on the seventh anniversary of 9/11, to the families of all those killed or injured in this devastating terrorist  attack.  I truly hope one of our presidential candidates finally chases Osama  Bin Laden to "the gates of hell".  He has gone unpunished for far too long.

That being said, sadly, workers compensation lawyers and disability lawyers like myself are still litigating claims arising from 9/11.  Shockingly, and with far too little publicity, insurance companies are still fighting these claims, causing further anguish and grief to the victims and their families. 

Our firm recently successfully concluded two contested 9/11 claims under the new 9/11 First Responder law, passed in October 2007, which uniquely provided for 75%  of a claimant's lost wages for life.  Our clients were EMT's for voluntary hospitals in New York City suffering from 9/11 induced post-traumatic stress disorder (PTSD).  Although the insurance companies fought these claims tooth and nail due to the high financial exposure,  we prevailed for these long overdue victims. 

The New York State Insurance Fund (NYSIF), the semi-public insurance company, recently fought a claim by a 9/11 victim by advancing the novel theory that his injuries were related to his service in Vietnam - despite the claimant working successfully full-time for over 30 years prior to 9/11.  After we obtained the client's VA medical records, we easily refuted the NYSIF's silly argument. The workers compensation law judge ruled in our client's favor earlier this week and he will receive workers' compensation case and medical benefits for life.  The New York Workers' Compensation Board continues to do an admirable job protecting the rights of 9/11 claimants. In addition, the New York City Department of Health runs an excellent website on 9/11 related health problems.

Long Island's own Congressman Tim Bishop recently urged additional federal funding for 9/11 victims at Stony Brook University's World Trade Center Monitoring and Treatment Program.  This excellent program is headed by Dr. Benjamin Luft and has been of great help to many of our clients. The program also operates in offices in Islandia and Nassau University Medical Center, with a new Hicksville office coming soon.  The New York Disability Blog strongly urges Congress to fully fund this much needed program for 9/11 victims in Nassau and Suffolk.

It is clear that we will all be living with the painful legacy of 9/11 for at least another generation.  Many more workers compensation, Social Security disability and long term disability claims are yet to be filed.  May we all join together with compassion, empathy and financial support  for every 9/11 victim.

• Email This
• Print
• Comments
• Trackbacks

Happy New Year to all the readers of the New York Disability Law Blog!  Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.

Our blog has  tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims,  workers' compensation claims and VA disability claims.  Since its inception in March 2005, our blog's readership has steadily grown and we have become a frequent resource to reporters and other media professionals on disability claim matters. 

We look forward to another year of fighting the good fight for our clients and friends. We wish you and your families a healthy and happy 2008!

• Email This
• Print
• Comments (1)
• Trackbacks

   Marie Cocco of the Washington Post has a great column today profiling one of our clients, Jeanmarie DeBiase, the widow of 9/11 hero Mark DeBiase.  While sick police officers and firefighters have received much deserved attention, workers in a variety of occupations, without whom the Ground Zero clean-up could not have been possible, have not received the same level of press.  Mark was a wireless phone technician who set up emergency communications for other 9/11 rescue and first responders and volunteers.  He died on April 9, 2006 due to interstitial lung disease caused by exposure to dust and toxins at the Fresh Kills landfill, where the World Trade Center debris was trucked.  

More importantly, they have not received the same level of medical and monetary support as the police and firefighters.  Many have lost their health insurance for both themselves and their families. Many ill workers continue to struggle as they fight workers' compensation claims being vigorously fought by employers who have forgotten the meaning of the word "compassion".  On this sixth anniversary of the collapse of the Twin Towers, may we all re-dedicate ourselves to helping families who cannot "move on" from September 11, 2001. 

• Email This
• Print
• Comments (1)
• Trackbacks

A Newsday article today details yet another lawsuit against Verizon for cancers and other life threatening diseases caused by Verizon's contaminated nuclear waste property in Hicksville, New York.  It was just a few years ago that Verizon paid out a multi-million dollar settlement to residents in the surrounding area over their increased rates of cancer.  Incredibly, despite their previous settlement with surrounding residents, they state in today's article that the property is not a health hazard!!!  They must be kidding!!!  Thankfully, at least the newest lawsuit is in front of federal District Court Judge Leonard Wexler, a no nonsense jurist who presided over the previous settlement.  Judge Wexler knows where the skeletons were buried by Verizon.

Perhaps Verizon should review the most recent United States Army Corp of Engineers report  before issuing such silly press releases.  Perhaps they should tell this to Senator Chuck Schumer and Congressman Pete King who both have pledged recently to aid in the cleanup. Perhaps they should tell this to the New York Workers' Compensation Board which has already ruled favorably for two workers on the Verizon site.  By denying the obvious, Verizon is besmirching its once good name and entering the "ENRON" class of corporate responsibility.

Does Verizon have no shame? What about Verizon CEO Ivan Seidenberg? How many more victims have to contract cancer due to Verizon's contaminated nuclear property before they accept responsibility for the nuclear and other toxins on the Hicksville site?  Perhaps they have made a cold calculated business decision that its cheaper to pay off a few hundred cancer victims than it is to clean up there own property.   Anyone ever heard of the Ford Pinto cases?  Whatever Verizon's motivations, you can be sure they have more to do with shareholder returns than the health of Long Islanders.

However, assuming Verizon is first and foremost profit motivated, wouldn't it make good financial sense to be a good neighbor as they roll out their FIOS service across Long Island? After all, who would want to buy anything from a known corporate polluter?  Step up and do the right thing - perhaps you will be embraced by residents of Nassau and Suffolk counties looking for an alternative to Cablevision.  Fight to the death (literally) like Magazine Distributors, and I can't think of one New York resident who would want to sign up for FIOS service  (check out how healthy the workers in the FIOS video look...) if they knew their monthly bills went to fight cancer victims.  

Much like Ground Zero workers, the men and women who worked directly on top of this acknowledged nuclear waste site will be getting sick for years to come.  The time has come for Verizon and Ivan Seidenberg to "do the right thing".  Don't count your chickens just yet.  Verizon even fights its own workers' 9/11 related cancer claims!  Anyone have Michael Moore's phone number? Those are my thoughts - what do you think?

• Email This
• Print
• Comments (2)
• Trackbacks

To all workers who toil each day to make America great, the the attorneys and staff at Turley, Redmond & Rosasco wish you a much deserved and restful Labor Day.  Enjoy!  See you next week.

• Email This
• Print
• Comments
• Trackbacks (1)

As we approach the sixth anniversary of the 9/11 tragedy, legal and health issues arising out of Ground Zero continue to top the headlines.  First, NYCOSH has announced a press conference for next Tuesday, 9/4/07,  at 11:00 am at the South entrance to PATH trains at the former World Trade Center site on Church Street.  The press conference, which will include New York State Labor Commissioner M. Patricia Smith, Art Wilcox of the AFL-CIO and representatives of Senate Majority leader Joe Bruno,  will announce a new subway poster campaign encouraging 9/11 Rescue, Recovery and Cleanup Workers and Volunteers to register for benefits with the New York Workers' Compensation Board.  We will report any additional information after the press conference.

As previously reported on the New York Workers' Compensation Alliance website, the deadline to register for these benefits has been extended until August 14, 2008.  You  can download a World Trade Center Registration Form here. In addition, this week saw an important Newsday article reporting about a new New York City Department of Health study showing that Ground Zero rescue and recovery workers have a 12 times higher incidence of asthma.  This bolsters the anecdotal evidence and filing of claims by our workers' compensation attorneys for WTC workers over the past few years.  

Our workers' compensation lawyers continue to work daily with Ground Zero rescue, recovery and cleanup workers and volunteers to protect their rights to future medical attention.  The new poster campaign will help those who have not yet registered.   Remember- you should register now even if you are still healthy to protect your rights later.  If you have any questions, call toll free 1-877-NY-DBLAW to speak to one of our attorneys for a free consultation.

• Email This
• Print
• Comments
• Trackbacks

It was my pleasure to give a seminar recently to volunteer firefighters at the Bellmore Fire District on Long Island about their rights to workers' compensation (even as volunteers) under the new 9/11 Rescue Workers' Law.   Andrew Carboy and Beth Jablon of Sullivan, Papain, Block, McGrath & Cannavo also gave an excellent presentation on the rights of the volunteer firefighters to sue the City of New York if they worked at Ground Zero and later develop cancer or breathing problems.  For instance, I met one firefighter who developed tongue cancer after working at Ground Zero but had never touched a cigarette in his life.  Unfortunately, such stories are becoming more and more common these days as I field these unfortunate callers on almost a daily basis.

The firehouse was packed and we handed out many Workers' Compensation Ground Zero registration forms and many firefighters completed the forms right then and there.  I thank both Andy Carboy and Joe Pusateri, Esq. for asking me to assist with this presentation.   As of today,  there are only 189 days left to register with the Workers' Compensation Board.  Even if you are not ill now, please download this form today and send it to the New York Workers' Compensation Board ASAP.  It could be a free disability or life insurance policy for your family.   If you have questions about how to fill out  the form, do not hesitate to call our office at 1-877-NY-DBLAW.  

• Email This
• Print
• Comments
• Trackbacks

Welcome to the newly designed New York Disability Law Blog!  As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the  more informational "New York Disability Law Blog".  This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public. 

To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated.  I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues.  Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security  disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.

In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog.  Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs.  Talk to you soon.

• Email This
• Print
• Comments (1)
• Trackbacks

Well, my seven year old son didn't get  "an official Red Ryder carbine-action, 200-shot, range-model air rifle with a compass in the stock" this Christmas, but he now has enough "weapons of mass destruction"  to justify Dick Cheney's armed search of our property (I better duck!)   My daughter is content with her yo-yo and Rubik's Cube.  Chock it up to testosterone!

All of us at the New York Disability Lawyer Blog and Turley, Redmond & Rosasco wish you and your families a very Merry Christmas and Holiday Season!  See you in the New Year!

• Email This
• Print
• Comments

In a huge victory for Ground Zero workers, federal judge Alvin Hellerstein issued a 99 page ruling yesterday giving these heroes the opportunity to sue the City of New York, private contractors and the Port Authority of New York and New Jersey for their 9/11 related illnesses.

In the last few months, after the passage of the new 9/11 workers' compensation law,  our workers' compensation attorneys have been deluged with calls from Ground Zero workers with various illness's they believe are related to exposure to toxins at Ground Zero.  In addition to new workers' comp claims, they may now also be entitled to have an additional lawsuit against the City of New York for failing to warn them of the dangerous and sometimes deadly conditions at the former World Trade Center site.  Turley, Redmond & Rosasco is working with one of the "lead counsels" in New York City bringing this important law suit.

The most affected group of workers are police, firefighters, EMS, sanitation workers, transportation workersconstruction workers, National Guardsmen and other first responders.  The most common illness's workers' comp lawyers see among these groups include asthma, reactive airway disease, interstitial lung disease and the following cancers: lung cancer, esophagus cancer, stomach cancer, bladder cancer, colon cancer, leukemia, lymphoma and multiple myeloma.  

If you or a family member believe your illness is related to working or volunteering at Ground Zero, please feel free to contact Troy Rosasco toll free at 1-877-NY-DBLAW, ext 123 to discuss your legal options. 

• Email This
• Print
• Comments (2)