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

Troy Rosasco, a Partner at Turley, Redmond, Rosasco & Rosasco, LLP, has announced that as of December 5, 2011, the actual Zadroga Act Victim Compensation Fund “Compensation Claim Form” is now available online for those who were sickened or physically injured as the result of being exposed to airborne toxins from the Ground Zero site after the September 11, 2001 attacks.

This means that eligible 9/11 claimants, with or without attorneys, can file their Zadroga Act Victim Compensation Fund claims today. According to Mr. Rosasco, “Especially during the holiday season, many sick and destitute 9/11 victims will now find newborn hope that their anguish will be lifted in the coming New Year.”

On December 5, 2011, Sheila Birnbaum, Special Master of the 9/11 Victim Compensation Fund, released the actual Compensation Claim Forms for both deceased and personal injury claimants, which are available online at www.vcf.gov.

 

Claimants should complete this form if they were physically injured as a result of the September 11, 2001 debris removal efforts; they were present at one of the crash sites (or in the path of debris removal) between September 11, 2001 and May 30, 2002; and they wish to be compensated from the VCF rather than file a lawsuit.

 

Claimants have until October 13, 2013 to complete the form. The new September 11th Fund form also has a 21 page set of "instructions" to help file your claim  and a helpful "9/11 Victim Compensation Fund Document Checklist" .  

 

While it is strongly suggested that the forms be filled out online, they can be mailed as well. Mr. Rosasco suggested that those who may be currently experiencing financial difficulty should file as soon as possible. 

 

“Here we are almost one year after President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010 into law, and all the "pre-season" hard work of the Special Master and the Department of Justice brought us to the real “Opening Day” of the Victim Compensation Fund," Mr. Rosasco said. “Now the long season of individual compensation claim evaluations and potential hearings will begin.”

 

“A roadblock that claimants faced in order to get their fair share of the $2.775 billion Victim Compensation Fund has finally been lifted,” Mr. Rosasco's partner, Daniel J. Hansen said. “Thanks to the Special Master, claimants will have ample time to fill out the forms. Now that all the formalities have been taken care of, these heroes who unknowingly worked in the face of danger are able to receive the compensation they justly deserve.”

For more information, call 1(855) WTC-INFO or visit www.zadrogaclaimsinfo.com

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I recently had the pleasure to give another Social Security Disability claim  on-line video Continuing Legal Education (CLE) course. It was entitled "Social Security Disability Claims Primer" and was presented for the National Academy of Continuing Legal Education. You can sign up for the course here.

You can see my PowerPoint materials for this Social Security Disability claim seminar here.  The materials are more than just a dry legal outline - I actually give lawyers tips on how to prepare client's to testify and how to best to present claims to Social Security Administrative Law Judges( ALJ's).  Feel free to call with any questions. 

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Carolyn Fortino, a reporter with Verizon FiOS Channel 1, came to my office yesterday to interview me on the opening of the new Zadroga Act 9/11 Victim Compensation Fund. See the complete TV segment here.

We discussed the background of the 9/11 Victim Compensation Fund and how claimant's can only "register" with the Fund at this time.  According to Special Master Sheila Birnbaum,  actual claim forms for "compensation" are not expected until the end of November, meaning that the actual filing of compensation claims may not start until December at the earliest. 

In addition to our discussion, Ms. Fortino interviewed my good friend and 9/11 survivor, Jack Delaney.  Jack was Director of Emergency Medical Services for New York Presbyterian Hospital and responded so quickly to the World Trade Center that he was caught in the rubble when the buildings collapsed.  (Read Jack Delaney's incredible story of 9/11 and it's aftermath here).

Anyone who reads such a story, yet fails to see the justification for the 9/11 Victim Compensation Fund, should have their head examined.

People like Jack, who will never tell you the full extent of their injuries, are the ones most deserving of benefits under the Zadroga Act, and the ones we will be fighting for.  

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Troy Rosasco was recently profiled by the Long Island Business News in an article entitled "The Good Fight".  It discusses his long committment to 9/11 victims and the fight to get the Zadroga Act passed.  The article appeared in the newspaper's "Two Minutes" interview column and discussed the new Zadroga 9/11 Compensation Act. 

We will also be publishing some newly released helpful information for 9/11 victims and first resonders on our Zadroga 9/11 Claim Info web site  shortly. Stay tuned.

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9 11 Compensation Fund Lawyer Troy Rosasco  was interviewed last week by the Long Island Business News (LIBN) about the new draft Zadroga Act rules released by Victim Compensation Fund Special Master Sheila Birnbaum.  The article and Rosasco's comments on the Zadroga 9 11 Law draft regulations are here.

Right now, the big disappointments in the draft rules, which are subject to a 45 day comment period for possible changes, is the lack of specific compensation coverage for victims with cancer or PTSD. Cancer coverage under the 9 11 Victim Compensation Fund  will be left to the decision of  John Howard, MD, the World Trade Center Health Program Director. The Zadroga 9 11 Act itself and the draft rules and regulations bar compensation claims for anything but "physical harm", eliminating claims for PTSD. However, claimant's with both PTSD and asthma, for example, would be able to collect for the asthma part of their claim.  

I will be submitting comments along with my 9 11 WTC Lawyer partner, Daniel J. Hansen shortly. Stay tuned for our report from the  "Town Hall" meeting this Wednesday night, June 29th, with Victim Compensation Fund Special Master Sheila Birnbaum. I will update interested readers in "real time" via Twitter @TroyRosascoEsq .   Talk then.

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It was an honor to have been asked to give a Continuing Legal Education Course on the new Zadroga 9/11 Act to the Justices and attorneys of the New York State Supreme Court, Appellate Division, Second Department in Brooklyn recently. The two hour presentation was given in the same courtroom where I was sworn in as an attorney over 20 years ago - and it hasn't changed a bit!  Here is a copy of my Zadroga 9/11 Act  Power Point Presentation to the Supreme Court.

Like previous lectures I have given on Zadroga 9/11 Act claims, I covered topics such as: who is a first responder under the Zadroga Act ?; are volunteers, construction workers, cleaners and other workers covered under the Zadroga Act ?; what medical conditions are covered under the Zadroga Act ?; what medical and compensation benefits are available under the Zadroga Act ?;   can you have a Zadroga Act compensation claim if you already received money from another 9/11 lawsuit ?; what toxic chemicals were found at Ground Zero and are they cancer causing ?;  who is the 9/11 Victim Compensation Fund Special Master ?; what is the definition of the "crash site" under the Zadroga Act ?; what cancer conditions are covered under the Zadroga Act ?;  and what are the deadlines for filing Zadroga Victim Compensation Fund claims ?.

Once again, I would like to thank the Supreme Court, Appellate Division for allowing me to present this progam.

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Whenever I am asked to give a Continuing Legal Education (CLE) Seminar for my fellow attorneys, I try and put my best effort into both the live presentation and the written materials. I recently did a Disability Claim video  CLE for Lawline, the nation's top online CLE producer, and it is clear to me that online CLE for attorneys is a fantastic option for those who do not have the time (can anyone identify!) to attend a live lecture.

The video CLE was entitled "Disability Insurance Claims Primer: The Plaintiff's Perspective", and the presentation focused on both the law and practical pointers involving private disability income insurance policies for professionals and employer based long term disability claims governed by ERISA.  Thankfully, it is getting top reviews from lawyers around the country.

The presentation and PowerPoint materials follow a hypothetically disabled trial attorney, " Atticus Finch" , and the reasons he can no longer do one or more of  the "material and substantial" duties of his profession.

It also touches on Short Term Disability, New York Workers' Compensation claims,  and Social Security Disability claims. About the only thing it does not touch on is Zadroga 9/11 Act claims, but then again the Zadroga Act  wasn't law yet! 

Like all my CLE presentations, I do not get paid for either the presentation or any re-broadcast.  I consider it a way to give back to the profession which has given me so much satisfaction over the years. I just finished a second Lawline CLE presentation on a brand new federal statute which should be appearing on a laptop near you shortly!

So if you need some extra CLE credit, pull out your laptop in the comfort of your own home, and check out my Disability Insurance Claims Primer, or one of the other great Lawline CLE courses.

 

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Christopher M. Redmond, a Senior Partner at the New York Workers' Compensation Law Firm of Turley Redmond Rosasco & Rosasco, LLP, has opened a new office on Main Street in Sag Harbor, NY to serve injured workers from Montauk, East Hampton, Bridgehampton, Southampton, Sag Harbor and Hampton Bays.  He will continue to see clients from Westhampton and East Moriches in our existing Riverhead office.

While other places of the country continue to see an overall housing slump, Long Island South Fork ( from the Hampton's to Montauk) housing continues to thrive, providing construction and landscaping jobs throughout the region. Unfortunately, as a result, this also leads to an increase in  construction accidents, including falls off ladders, scaffolds and roofs, and into holes and ditches. 

Often times general contractors use off-the-books immigrant workers on both construction sites and on landscaping projects. These workers, often Latino, are rarely provided with the safety equipment they need, such as harnesses, safety goggles, ear protection and helmets. This leads to unnecessary construction accidents and more severe, permanent injuries. 

Any worker who has been injured at work, or on a South Fork, Long Island construction or landscaping site, should contact Attorney Chris Redmond, who also speaks Spanish, as soon as possible after the accident to learn his rights to file a New York workers compensation claim.  Even workers who are off-the-books or are in the US illegally can file a workers compensation claim, and doing so will not lead to deportation.  Call 631-399-0400 and ask to speak to Mr. Redmond's assistant, Carmen Rosado (x110) to schedule an appointment in our new Sag Harbor Office.

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I will be giving my annual New York Workers' Compensation Law lecture tomorrow night at St. John's Law School at the invitation of Prof. David Gregory, one of the country's preeminent labor law experts. 

This year my Workers' Compensation Law lecture takes on particular significance as the this week marks the 100th anniversary of the Triangle Shirtwaist Factory Fire tragedy in lower Manhattan, which was the seminal event leading to the establishment of workers' compensation laws throughout the country. 146 workers lost their lives either in the fire or jumping from the building.

As a former recipient of the Clara Lemlich Triangle Factory Fire Memorial Award, this important moment in labor history, along with the annual Triangle Dinner this Friday night at the Fire Museum of the City of New York, are close to my heart. I will certainly impress upon the law students the importance of understanding not only the "black letter" meaning of the New York workers' compensation law, but also its historical context.

In a eeirly sad coincidence, it just so happens that this year is also the 10th anniversary of the World Trade Center Disaster.  It took 90 years for the WTC disaster to eclipse the Triangle Factory Fire as New York's most deadly workplace accident.

We are still filing ongoing workers' compensation claims for 9/11 victims, survivors and first responders. In addition, this year has brought the passage of the new James Zadroga 9/11 Health and Compensation Act of 2010.   I will be sharing with the students facts about the new Zadroga 9/11 Act,  how to file a Zadroga Act claim, and what medical conditions are covered under the Zadroga Act.

Afterwards, the officers of the law school's Labor & Employment Law Society ussually join Prof. Gregory and I for a good Italian meal in Queens, maybe at Uvarara. Looking forward to that! I will post my materials on this blog after the lecture.

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Last night I had the pleasure of giving Zadroga Claim Information  to 60+ volunteer firefighters at the East Islip Volunteer Fire Department.  Many of these brave volunteers immediately responded to the World Trade Center without any prompting from their department or other emergency agencies. They simply saw a tragedy unfolding, and like the professionals they are, put themselves in harms way.  True heroes.

Anyone who works with Long Island volunteer firefighters like I have for years knows that many of them hold day jobs as New York City police officers, correction officers and construction workers. Besides those volunteer firefighters who have Zadroga Victim Compensation Fund Claims, many also have Zadroga claims  relating to their regular line of work.

Whether you participated in rescue, recovery or cleanup work as a result of volunteer efforts (including the Red Cross and Salvation Army) or from your regular work (such as electricians from Local 3, IBEW), you should explore your rights and protections under the Zadroga Act by calling a Zadroga Lawyer.  Feel free to call me at 1-877-693-2529 ext. 123 to discuss a possible Zadroga 9/11 Claim.

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The New York Disability Law Blog has been posting helpful information for claimants with work or non-work related disabilities for over five years now. Over the last year, many of our readers  began to ask when we planned to supplement our blog information with informational videos, such as those found on You Tube.

Well, the time is now. The Law Firm of Turley, Redmond, Rosasco & Rosasco, LLP  is proud to announce the launch of their own Internet Informational Disability and Compensation Claim Video Channel, in addition to their new You Tube Disability Law Channel.  Our lawyers have produced 50 helpful videos covering topics such as  Zadroga 9/11 Victims Compensation Fund Claims,  New York Workers' Compensation Fund Claims,  Construction Site Accidents,  Social Security Disability Claims, Long Term Disability Claims and  New York Civil Service Disability Pensions.

The first 10 videos (six on Zadroga Act  9/11 Claims by partner Troy Rosasco  and 4 on New York Workers' Compensation Claims by partners William Turley and Craig Rosasco) are part of the initial launch, while the remaining 40 videos will be launched in stages over the next few months.

We understand that many of our readers and clients like to digest information over the Internet in video rather than written form, and this Disability Claim Video Series  launch is intended to further our goal of providing helpful information, insight and commentary on disability claims to the general public in different formats. We hope you enjoy our new Disability Claim Video Channels and suscribe by email to watch as we add new helpful content  on a regular basis. 

Tell us the disability claim subjects you would like to see covered in future videos and we will try to cover them as soon as possible.  Until then, enjoy!

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Last week Gregory Zeller of the Long Island Business News (LIBN)  interviewed me about the new Zadroga 9/11 Act and the reopened Victim Compensation Fund.  Read the LIBN Zadroga Act article here. 

While the focus was largely about the potential positive business impacts for health care providers, including the excellent 9/11 WTC Medical Monitoring and Treatment Program at Stony Brook University Medical Center based in Islandia under the direction of Benjamin Luft, MD,  the article also touched on the benefits available to victims through the newly reopened 9/11 Victim Compensation Fund.

If you have any questions, call me directly toll free at 1-855-WTC-INFO or visit our Zadroga 9/11 Claims informational website at www.zadrogaclaimsinfo.com.

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Carrie Mason-Draffen, a Business reporter for Newsday, has been writing the excellent column, "Help Wanted" for many years now.  I highly recommend it to all who are interested in workplace law issues. 

Recently, Carrie asked me to help with a question from a reader whose friend, a 74 year old, was working and collecting Social Security Retirement benefits at the same time.  The reader seemed to believe that the hard working septuagenarian was somehow cheating the US government!

Well, perhaps the  grumpy reader woke up on the wrong side of the bed that day.  Of course a 74 year old can work and collect his or her full retirement benefit!  In this day in age, it is a necessity for many seniors, while others simply like the mental stimulation of work. They should not be penalized - they should be thanked for making the Social Security Trust Fund more solvent! 

See my detailed response about Social Security in Newsday here  and here, and keep reading Carrie's column. It was refreshing to get my mind off  Zadroga Act Claims  for a few moments.  

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In an effort to steer clear of the ongoing controversies surrounding certain 9/11 lawyers, the law firms of Turley, Redmond, Rosasco & Rosasco, LLP,  Daniel J. Hansen, Esq. and  Chet Lukaszewski, PC have launched an informational website for 9/11 heroes and victims simply named   Zadroga 9/11 Claims Info.   Our  team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims,  handle them professionally and do their clients justice.

It is hoped that  9/11 First Responders, 9/11 Survivors, construction workers, clean-up workers, volunteers and families can turn to this site for good, unbiased legal and health information regarding the new  James Zadroga 9/11 Health and Compensation Act of 2010.  Please feel free to visit and explore the site at  http://www.zadrogaclaimsinfo.com .

The site will be frequently updated with the latest Zadroga 9/11 Act information while we await the appointment of a new Special Master (decision maker on Zadroga award amounts) and updated regulations regarding the re-opened Victims' Compensation Fund.  You can subscribe for frequent updates on the site either through email or the RSS Reader of your choice.

If you have questions you cannot find answered on in the Zadroga 9/11 Claims Information Center on the site, please feel free to call Troy Rosasco toll free at 1-855-WTC-INFO x123. We hope you find the information and insight on Zadroga 9/11 Claims Info  helpful.

About the Authors 

Authored by a team of experienced attorneys with a long history representing 9/11 victims and first responders, this publication aims to make information and insight on the James Zadroga 9/11 Health and Compensation Act of 2010 readily available to its readers. 

Attorneys Troy G. Rosasco, Chet Lukaszewski  and Daniel J. Hansen bring together unique skill-sets and backgrounds in offering commentary on legal developments surrounding the re-opened 9/11 Victims Compensation Fund as part of the Zadroga Act.

Rosasco and Lukaszewski have been dedicated to the 9/11 rescuer and victim cause for many years, with the pair working diligently to get the Zadroga Act passed.  Rosasco and his law firm —  Turley, Redmond, Rosasco & Rosasco, LLP — represented victims and their families a week after the initial attacks, handling initial death claims on a pro-bono (free) basis.  Rosasco has also been writing on the subject for years on his own New York Disability Law Blog.

Joined by Daniel J. Hansen, an experienced Manhattan trial lawyer who obtained a record $19.6 million verdict for an injured construction worker in 2010,   the team aims to restore the public’s confidence that there are attorneys with integrity who are willing to take these claims, handle them professionally and do their clients justice.

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The New Year is upon us and hopefully we can all look forward to a better year in 2011 than last year. For disabled 9/11 survivors and first responders, the passage of the James Zadroga 9/11 Health and Compensation Act of 2010, after a long and arduous struggle by advocates who never gave up, was certainly the highlight of last year.  More and better health care for these heroes is on the way.

This year, let us dedicate ourselves to acting in a kind and generous way to all that need our assistance. Let us act as if the spirit of Christmas is carried by us all year long, and let us  remember to be grateful for all that our Gods have bestowed upon us.

The attorneys and staff of Turley, Redmond, Rosasco & Rosasco, LLP  wish everyone a Happy, and more importantly Healthy,  New Year!

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If you are a practicing workers' compensation lawyer  in New York  and missed Craig Rosasco's presentation on the New Workers' Compensation Treatment Guidelines in Albany last weekend,  you missed one of the best CLE's I've attended in a long time. The over 70 attendees who completed evaluations seemed to agree enthusiastically.

Craig had been asked by Touro Law School, his alma mater,  to prepare the training if they were selected by the NY Workers' Compensation Board to do training throughout the entire state.  The contract for the training on the New Medical Treatment Guidelines ended up being awarded to Albany Law School. 

Realizing an opportunity with perfect timing, IWBA President John Sciortino  called upon my partner (and brother) Craig Rosasco  to present his seminar at the Fall IWBA conference.  The Dean of Touro's Medical School, Robert Goldberg, DO presented the next day. The New Treatment Guidelines take effect December 1, 2010. 

The Workers' Compensation Board is now offering on-line CLE training for attorneys and separate on-line training for medical practitioners, who arguably need the training far more than the lawyers. However, these trainings by their nature must be even-handed to all the so-called "stakeholders" in the workers' compensation system. 

Craig's seminar was geared specifically to benefit the injured worker, his medical providers and his attorneys.  Congratulations to Craig for enlightening over 70 members of the bar from across the state and making this past IWBA conference so well received.

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I am humbled to have been re-elected to a third term by my colleagues as their Second Circuit Representative on the NOSSCR Board of Directors. I thank them for their continued support and look forward to helping them promote their top-notch and ethical attorney representation in Social Security disability claims.

I flew into the "windy city" of Chicago this morning to attend the Fall 2010 NOSSCR Disability Claim Lawyer conference. This year I will be attending some great sessions on the functional restrictions caused by multiple sclerosis, cancer, diabetes, PTSD caused by sexual abuse, hypertension, chronic pain, fibromyalgia and other auto-immune disorders.

I have always believed that thorough preparation of a client's case, including knowing the medicine of the claimant's disability better than the Administrative Law Judge (ALJ),  is a key element of winning any disability claim.

In addition, I will be presenting the NOSSCR Eileen P. Sweeney Distinguished Service Award tomorrow to two giants in the field of Social Security Disability Law: Charles Hall and David Traver. This is NOSSCR's highest honor, and both Charles and David are most deserving.

Last, but not least,  my friend and colleague Lew Insler and I plan to take in a Cubs game tomorrow night at the classic Wrigley Field. It doesn't get much better than that!

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As I have done for a number of years now, I will be lecturing tomorrow at the Hilton Hotel in Melville to my fellow NY workers compensation lawyers on "Practice Tips & Ethical Considerations" under the New York State Workers Compensation Law. 

I will be sharing info in my materials on the 2007 NY Workers" Compensation Reform Law including a table explaining the new "caps" on Permanent Partial Disabilities and the new maximum workers' compensation benefit rate, which is $739.83 for all accidents on or after July 1, 2010.

This is a great opportunity for personal injury lawyers to get a basic grounding in the 2007 reform changes and for other New York workers' compensation lawyers to sharpen their skills while earning required Continuing Legal Education credits.  Hope to see you there!

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Today is the first day of the NOSSCR Social Security  Disability Lawyer conference in "The Big Easy", as this fun loving city is affectionately known. Some of the best Social Security disability lawyers  from around the country will be in attendance, including my good friend and current NOSSCR President Larry Wittenberg. 

While I was a presenter on ERISA Long Term Disability claims at the last NOSSCR conference, I am taking a break this conference so I can learn something new myself!  This time out I plan to sharpen my medical knowledge by attending separate seminars on multiple sclerosis, chronic fatigue syndrome,  fibromyalgia,  lung disease (COPD) and  chronic pain.

In addition, I will be attending two seminars on Veterans Disability claims given by Katrina Eagle, Esq., one of the best in this complicated are of law.  I have seen her speak before at VA Disability Law conferences, and she really knows her stuff.  Finally, I will be attending a seminar on post-traumatic stress disorder, which is now rampant among returning vets from Iraq and Afghanistan.  I am seeing it weekly in my practice these days

After all this learning, perhaps I will take a much needed diversion to Bourbon Street to catch some New Orleans' jazz.  After all, they don't call it "the Big Easy"  for nothing!  

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Carrie Mason-Draffen is the excellent Workplace Columnist for Newsday and I have been glad to help her over the years with questions from her readers on Social Security disability claims and New York workers compensation claims. Her most recent column in which I was quoted had to do with when a non-working spouse can obtain Social Security benefits. 

Disabled Widow's/Widowers Benefits can be collected on the deceased spouse's earnings record if the disabled widow is: 1)  disabled within 7 years of the deceased worker's death and is between the ages of 50 - 60 when she becomes disabled and 2) was married to the deceased worker for at least 10 years (even if they were divorced prior to the onset of disability).

For example, Joan was married to Jim between 1990 to 2000 (10 years).  Jim dies in 2005 of a heart attack. In 2010, Joan is currently age 52 and becomes disabled by multiple sclerosis. If Joan either never worked (perhaps a stay-at-home Mom) or her work record would produce a smaller disability benefit than on her ex-spouses work record (he was highly paid executive), she can apply for Disabled Widows' Benefits.

This is an often over-looked benefit by many widows/widowers (especially divorced ones who have no reason to go to one of the the Social Security District offices here on Long Island after the death of an ex-spouse) and the help of an experienced Social Security Disability Claim lawyer  can be invaluable in this situation.  

 

 

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At this magical time of year,  while so many New Yorkers are still struggling economically, let us not forget all the important things 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 those among us who are not working due to accidents or disease, may 2010 bring you a return to work and good health.  The attorneys at Turley, Redmond, Rosasco & Rosasco have dedicated our professional lives to representing injured and disabled claimants with construction accident claims, ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May 2010 bring happier, healthier and more prosperous days to all the clients we serve.  Merry Christmas and Happy Holidays!

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In a ground-breaking victory in a David vs. Goliath courtroom setting (it appeared that Verizon had no fewer than 15 attorneys from around the country at the trial), our client Gerard DePascale, his wife, and Liam Neville were awarded $12million today by a jury against Verizon in federal District Court in Central Islip, New York. Specifically, both Mr. Depascale and Mr. Neville were awarded $5 million, while Mrs. DePascale was awarded $2 million.

Gerard DePascale came down with a rare cancer, Stage 4 extra-skeletal myxoid chondrosarcoma, as a result of being exposed, without his knowledge, to various cancer causing toxins on Verizon property while working for a company called Magazine Distributors. The cancer spread to his lungs and he has endured numerous surgeries. Liam Neville also worked for Magazine Distributors in the same location and developed severe kidney disease as a result of the unknown exposure.

The evidence presented at trial showed that Verizon knew about the toxic waste dump on its land in Hicksville as early as 1986 and had an opportunity to investigate and clean-up the site.  However, Verizon never notified the workers of the potential danger on the site and it was only after years of exposure to the workers that they began to do a belated clean-up.

In a related case, Turley, Redmond, Rosasco & Rosasco along with attorney Mitchell Breit, has a pending class action in federal court against Verizon for exposure of these toxins to all workers (which could be well over 1000) in a "medical monitoring" class action lawsuit.  We seek to establish a "9/11 type fund" where Verizon will have to pay for all future medical expenses to monitor the health of the innocent workers. We seek to have the "medical monitoring to be done at Mt. Sinai Medical Center, just like the 9/11 victims.  In another related case, Verizon has already settled with residents in the surrounding area in a multi-million dollar settlement to compensate them for their increased risk of cancer.

Turley, Redmond, Rosasco & Rosasco, LLP has already won Mr. Depascale's workers' compensation claim before a trial judge at the New York State Workers Compensation Board, but the case is still unresolved as a result of the employer's appeal.

Congratulations are due the plaintiff's lead lawyers, Gonzalez & Robinson, from California. Finally, we wish both the DePascale and Neville families the best of luck. Verizon is sure to appeal, so their fight is not over yet. But the verdict today still is a prime example of how a jury of your peers can level the playing field against giant corporations with unlimited resources such as Verizon. 

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I am looking forward to attending the Inaugural Dinner of the new St. John's University School of Law Center for Labor and Employment Law at the Williams Club in New York City this Thursday. In attendance will be our Law School's new Dean, Michael A. Simons.  I am deeply honored to have been asked to become an inaugural member of the Board of Advisors of this prestigious new Labor and Employment Law Center  ,which I am sure will be yet another jewel in the law school's crown.

The Center for Labor and Employment Law would not have been possible without the long-standing support and groundwork of David L. Gregory, The Dorothy Day Professor of Law.  Many moons ago when I was President of the Law School's Labor & Employment Law Society, we recruited the iconic Cesar Chavez, then President of the United Farm Workers, to speak on campus to a rousing student body. Since then, Dave Gregory has turned the law school into one of the nation's pre-eminent recruiting locations for future labor lawyers. 

The new Center's stated purpose is to:  "creatively and dynamically prepare law students for professional excellence as superb labor and employment lawyers of impeccable integrity". Having been a Guest Lecturer at the law school for over 15 years now, I can unequivocally state that St. John's Law School produces some of the finest future labor lawyers in the United States. The new Center will only add to the it's already well deserved reputation.   

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The Attorneys at Turley Redmond, Rosasco & Rosasco are honored to have LexisNexis name our New York Disability Law Blog one of the top 25 workers compensation blogs in 2009 from across the United States for the second year running! LexisNexis is the premier legal publisher in the US, and to have their commendation means a lot not only to our law firm, but to our loyal readers as well. 

We are among very good company, as the top 25 workers" compensation blogs include such notables as The Workers' Comp Insider,  Safety Community, Workers' Comp Forum, Managed Care Matters and the NY Workers' Compensation Alliance Blog (which was written by me up until 9/11/2009). 

Our attorneys take seriously our devotion to providing timely and useful information to claimants injured on the job. To that end, we will be launching a new blog soon aimed more narrowly to the special issues faced by workers hurt on construction sites in NYC, The New York Construction Accident Law Blog.  We will announce the official launch here, so look back in the next week or so.

Once again, thanks to LexisNexis for their recognition of all 25 top workers' comp blogs. While producing well written and useful blog posts can be time consuming, we all do it because we care about injured workers. 

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I had the pleasure to lecture to Social Security Disability Lawyers this past Spring at the NOSSCR Conference in Washington, DC about "Winning Long Term Disability Claims at the Initial Level". They have invited me back to lecture on the topic of "Winning your First ERISA Long Term Disability Administrative Appeal" at their Fall NOSSCR Conference on October 16, 2009 in San Francisco.  My good friend and colleague Pam Atkins, Esq (former President of NOSSCR) will be co-presenting this seminar which should be chock full of practical advice.   The seminar description is below:

There was once a time when only large corporations offered their employees long term disability coverage.  However, major insurance companies, such as Unum and MetLife, are now targeting the small employer benefits market with packages including group long term disability insurance. Therefore, it is likely that more of your clients will come to you with initial long term disability denials in the near future. If so, how do you do an ERISA long term disability administrative appeal?

This practical seminar by two experienced ERISA and Social Security practitioners will teach you how to: 1) request and review the claim file after a denial, 2) know the important ERISA time frames for appeals and decision making under the Department of Labor regulations, 3) understand the interaction between Social Security Disability and LTD claims, 4) develop additional medical and vocational evidence to support your appeal and 5) write a winning brief (or at least bolster the “administrative record” for federal court). Bring your questions to explore this potential growth area to your existing disability claim practice.

Hope to see you there!

 

 

 

 

 

 

 

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OK - its time to try out this Twitter thing!  My good friend Kevin O'Keefe of LexBlog says it is an important tool to provide helpful info to my clients and readers, and I have great respect for his opinions on lawyers and Internet technology. 

If you look to the left side of our blog and scroll down a bit, you will see my last five Twitter posts.  From my perspective, Twitter allows me to quickly get out useful information and news without having to compose a full blog post. Why? You can only use 140 characters in any Twitter post, so you better get to the point fast!

For example, I broke the story about the appointment of Robert Beloten as the new NY Workers' Compensation Board Chairman on Twitter within minutes of confirming it with the NY Times, and this "tweet" ( the term Twitter uses for a "post" ) was  "retweeted" (RT) across the Internet  multiple times the same day.  News travels with lightning speed on Twitter.

In any case, we will give Twitter a "twhirl" and if our readers like it, we will continue to tweet away!

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I will be speaking at the NOSSCR Disability Attorney Conference on May 13, 2009 in Washington, DC on the topic of: Winning Long Term Disability Claims at the Initial Level. As those of you who read this blog regularly know, I am a big ( must do, mandatory, stupid if you don't) proponent of at least consulting with a long term disability lawyer  prior to filing for LTD on your own.  The deceptively simple process is a minefield for the already disabled novice, and proceeding without at least some legal advice might jeopardize your economic security.  

A simple one hour consultation with a long term disability attorney (either in the office or by phone) can teach you how to avoid the top five deadly mistakes which will allow the disability insurance company to deny you claim the first time around.  I file long term disability denial appeals every day. These appeals can be costly and take months to resolve, all while you are struggling to pay the mortgage and your children's college tuition.  You do not want to appeal a claim you could have won with the right assistance during the initial application level.  Below is an a description of my presentation to the Social Security disability lawyers in attendance:

• There was once a time when many of us told clients to apply on their own for SSDI, and call us only if denied. Today, many of us help our clients with the initial SSDI applications stage. Even more so than with SSDI claimants, you should be helping your clients strategize and prepare a bullet-proof application in the adversarial arena of ERISA long term disability claims. This session will explore ways to overcome and avoid the inherent traps and pitfalls used by long term disability insurers to deny claims at the initial application level, thereby preventing costly and time-consuming appeals for claimants.

NOSSCR is the premier disability lawyer association in the country with over 3000 members.  It has been an honor to be a member of their Board of Directors representing the New York and Connecticut area for the last three years.  More than 1000 disability claim advocates are expected at the upcoming Washington, DC conference.  Hopefully, many will attend my lecture to refine their advocacy skills when it comes to long term disability claims.  Hope to see you there! 

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I am humbled to have been selected a 2009 recipient of the Clara Lemlich Public Service Award from the Triangle Shirtwaist Factory Fire Memorial Foundation for my work as Co-Chairman of the New York State Workers' Compensation Alliance.  My fellow recipients include  Secretary of State Hillary Rodham Clinton, American Federation of Teachers President Randi Weingarten, Injured Workers' Bar Association President Barbara Levine and the Hon. Edward I.Pitts, Co-Author of the New York Workers' Compensation Handbook published by LexisNexis. 

We will all be honored at a gala dinner on March 25, 2009, the 98th Anniversary of the Triangle Shirtwaist Factory Fire in which 146 workers lost their lives.  The dinner will be held at the New York City Fire Museum in lower Manhattan.  The Triangle Shirtwaist Factory Fire Memorial, with the extraordinary volunteer efforts of it's President James McCarthy, raises money to fund college scholarships for the children of permanently disabled workers. In the seven year history of the foundation, the Triangle Memorial has awarded over $180,000 in college scholarships. Click here for more information on attending the Triangle Fire Memorial Dinner and taking out a journal ad to help fund the scholarship program.  As a practicing New York workers' compensation and disability attorney, I can think of no higher honor than receiving the Clara Lemlich Public Service Award.

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Michael Yoeli, one of the most experienced long term disability lawyers in the legal community, has joined Turley Redmond and Rosasco as 'Of Counsel".  After a distinguished career on the defense side of the long term disability bar, Mike has  been representing individuals and policyholders solely since 1998 and has used his prior experience and contacts to obtain several million dollar settlements for claimants against long term disability insurers.  Says Senior Partner Troy Rosasco:

With the addition of Michael Yoeli as of counsel to our firm, Turley Redmond & Rosasco is able to offer our clients a unique level of representation in the areas of individual and group disability claims and litigation. For ten years, Michael was a partner in a leading firm representing many of the prominent disability insurers in their New York litigation. In representing these companies in the trial courts, Appellate Divisions and the New York State Court of Appeals, Michael developed an unparalleled level of expertise and experience in both disability insurance law and in how disability insurers operate. In 1998, Michael decided to put his knowledge to work exclusively for the benefit of policyholders. In the past ten years, he has represented numerous disabled persons. Utilizing the intimate knowledge he gained in representing insurers, he has been able to achieve impressive results for his clients, including several seven figure settlements, often without the need for prolonged and expensive litigation. We are thrilled to now be able to offer Michael's outstanding skills to our clients.

The last point cannot be emphasized enough.  Due to his well established reputation with insurance companies, Michael can often obtain similar benefit results without the need for prolonged and costly litigation.  Click here for ERISA  and individual policyholder long term disability lawyer Michael Yoeli's contact information, and join us in welcoming him to the Turley, Redmond and Rosasco team.

 

 

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The Lexis Nexis Workers’ Compensation Law Center Powered by Larson’s recently announced the 2008 honorees for the LexisNexis Top 25 Blogs for Workers’ Compensation.

The New York Disability Law Blog, published by Turley, Redmond & Rosasco, LLP, was selected as a 2008 honoree. The New York Workers' Compensation Alliance Blog, with which we are affiliated, was also honored in the Top 25.

“These blogsites contain some of the best writing out there on workers’ compensation and workplace issues in general,” says the LexisNexis Workers’ Compensation Law Center. “They contain a wealth of information for the workers’ compensation community with timely news items, practical information, expert analysis, tips, frequent postings, and helpful links to other sites. These blogsites also show us how workplace issues interact with politics and culture. Moreover, they demonstrate how bloggers can impact the world of workers’ compensation and workplace issues.”

We are deeply honored by the recognition of LexisNexis, the pre-eminent legal publisher in the United States.  When we started the then named Disabled Worker Law Blog in March 2005 as a helpful information portal for those with workers' compensation and long term disability claims, we never could have imagined the positive impact it would have on the lives of those fighting either insurance companies or the government for the benefits they deserve.  Due to the enormous amount of time blogging requires from already over-worked lawyers, many legal blogs die an unnoticed death a few months after launching.  Thanks to all our loyal readers and subscibers for making all our hard work worthwhile.

Much thanks goes to Kevin O'Keefe of Lexblog, who not only set up this blog, but was always there for encouragement and technical expertise.  We recently lectured together at the Association of the Bar of the City of New York about "Blogging for Lawyers".  Kevin and his Real Lawyers Have Blogs site was recently honored by American Bar Association as one of the Top 100 Legal Blogs in the country for 2008.  Although the ABA labled him a blog "evangelist", I prefer to call him a good freind.  Thanks Kev. 

See you all in the blogosphere next year.  Happy New Year to all!

-Troy

 

 

 

 

 

 

 

 

 

 

 

 

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ABC News published an important article today highlighting the sharp rise in immigrant worker deaths on construction sites in the New York City area.  This problem, which I addressed in a prior post recently, is reaching epidemic proportions. 

As detailed in the article, just the other day a Ukrainian immigrant was decapitated after plunging 42 stories while working on a construction site on a Donald Trump Hotel in lower Manhattan.  Under the current New York Workers' Compensation law, the most his widow and children can collect for his death is $500 per week, plus payment of only $6000 toward his funeral bill. 

I told the reporter the story of one of my clients (an undocumented worker) who was severely injured last November when a brick wall fell on him while working on a construction site in Queens.  Despite multiple surgeries and being an inpatient at Jamaica Hospital for over a week, he still has not received his first workers' compensation check.  This is not unusual in cases where unscrupulous employers are paying immigrant workers "off-the-books" and not reporting their wages to the workers' compensation insurance company to save on premiums.  Workers' compensation lawyers like myself see sad cases like these every day.

Thanks to Susan Donaldson James  and ABC News for reporting on this growing tragedy.  Unfortunately, in the current political climate, it is questionable whether the federal government has any desire to address the safety of undocumented workers on construction sites??? 

 

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As detailed in Newsday today, Mitchell Breit of the national class action law firm of Whatley, Drake & Kallas and the disability law firm of Turley, Redmond & Rosasco have filed a "medical monitoring" class action lawsuit  against Verizon in New York Supreme Court, County of Brooklyn, for workers who previously worked at the former Sylvania nuclear fuel rod plant in Hicksville, Long Island.  Verizon previously settled a lawsuit by surrounding residents for a reported 11 million dollars due to an increased rate of cancer in the area.  

The lawsuit follows a recent decision by the New York State Workers' Compensation Board which found that a worker on the site, Gerard DePascale, developed a rare and deadly cancer (extra-skeletal myxiod chondrosarcoma) as a result of exposure to toxins on the site.  In addition, a recently released Army Corp of Engineers report found danger to the public by this still contaminated site.  Despite special federal funding won by Senator Chuck Schumer for a complete clean-up of the site, legal wrangling between Verizon, the Army Corp and the New York State Department of Environmental Protection have put a stop to the clean-up.  How many more people have to come down with cancer before Verizon does the right thing?

The lawsuit seeks to force Verizon to set up a "medical monitoring" fund so that the thousands of workers who were unknowingly exposed to the toxins  on the site can benefit from early diagnosis and treatment of any potential medical problems.  As detailed in the Newsday story today, workers like Robert Matteo are mad that they were never told of the dangers on their work site.

Unfortunately, Gerard DePascale, whose cancer has now spread to his lungs, is still waiting a final ruling from the New York State Workers Compensation Board.  Despite winning his case in front of trial judge Abigail Chanis in March 2007, his employer appealed the judge's decision.  He has now been out of work with no workers' compensation benefits since January 2006!  The abnormally long delay in deciding this appeal is causing the DePascale family severe financial hardship.  Thankfully, with new leadership at the Workers' Compensation Board, a decision in Mr. DePascale's case hopefully will be expedited.   

 

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Turley, Redmond & Rosasco founding partner William "Bill" Turley was endorsed today by Newsday as Smithtown's next representative in the Suffolk County Legislature.  Bill, who has been practicing workers' compensation and disability claim law on Long Island for over 20 years, impressed the Newsday staff with his innovative ideas on clean energy and immigration. 

• 13TH DISTRICT
  
  North Smithtown, part of Huntington
  
  Republican Lynn Nowick, 60, of St. James, is running for a fourth term. Her assiduous constituent services assure her popularity. But she has few constructive new ideas, especially regarding the 800-pound gorilla in her district: the fate of the former Kings Park Psychiatric Center.
  
  On this vexing issue, her Democratic opponent, William Turley, 49, of Fort Salonga, agrees that the legislature has little influence beyond rhetorical support of a better proposal for the complex's use. But Turley, an attorney specializing in workers' compensation, brings a refreshing and progressive perspective that differs sharply with Nowick's in every other respect. He favors hiring halls for migrant workers, wants stricter penalties for sex offenders but is concerned about the constitutionality of residential restrictions, and would push for alternative energy policies in the county to offset dependence on foreign oil. We endorse Turley.
  

For many disabled clients on Long Island and New York City, Bill has been a steady hand guiding them through the disability claim maze.  Good luck Bill on November 6th!

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I'm off to St. Louis to attend the NOSSCR conference for the next few days.  In between my Board of Directors meetings, I'll be sharpening my Social Security disability lawyer skills at some of the great seminars NOSSCR always offers.  See you on the blog next week.   

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Thanks to Jane Reilly and all those at the Long Island, New York Chapter of the National Multiple Sclerosis Society for inviting me to participate at their annual free "Meet the Attorney" night last week at the Melville headquarters.  I had a private meeting with a lovely woman struggling with MS to discuss both her ERISA long term disability claim with Unum, and her pending Social Security Disability claim.  

I advised her NOT to use the "free" representation from GENEX Services to assist her with her Social Security Disability claim, as GENEX operates solely for the benefit of Unum, and therefore has a major conflict of interest similar to Allsup and Advantage 2000.  (See my previous blog posts  about Allsup and Advantage 2000 for the full story).  GENEX is no better! Did you know that GENEX Services was a wholly owned subsidiary of Unum until just recently, and that Unum remains their major client.  This tells you everything you need to know. 

I told this grateful woman she would be far better off hiring a private attorney to represent her in her Social Security Disability claim,  regardless of who the particular attorney is.   Attorneys have an ethical obligation to guard the client's secrets and confidences, as opposed to GENEX which is obligated to share personal information with Unum since Unum is paying their bill.  Money talks!

In other MS news, my partner Chris Redmond participated in a Bike-A-Thon recently to raise funds for multiple sclerosis research.  Finally, Chris' Uncle Ed Keegan, age 69 and still a top New York Life Insurance Agent, made headlines in Newsday by walking across Long Island in a T-shirt that read "Who Gives 100%?" to raise funds for MS.  Ed's daughter has MS.  Ed Keegan gives 100% ! Thanks Ed!

 

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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.

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Does or job affect your sleep patterns?  Can you collect New York Workers' Compensation benefits if it does? That's the question Daisy Harrington asked me in her Career Corner column in AM New York published today. 

There is growing evidence that workers may suffer adverse health effects, especially  work related heart attacks, due to long or unusual working hours,.  Workers who are "on call" constantly might have similar problems.  However, to date making such claims at the New York Workers' Compensation Board  has not been particularly fruitful in our experience.   As in every workers' comp claim, you must have a medical doctor support you claim in writing.  This is often easier said than done. 

Despite the potential hurdles, every case has different facts and you would be well advised to consult an experienced Workman's compensation attorney if you believe your job has impacted your sleep and harmed yor health.

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Patricia Kitchen of Newsday did a nice article on business professionals who blog in the cover story to the Money and Careers section of last Sunday's paper.  My good friend and fellow attorney Diane Pfadenhauer, who writes the Strategic HR Lawyer Blog, was featured along with my blog on long term disability claims.  We both have Kevin O'Keefe at Lexblog to thank for hosting and designing our blogs and keeping them easy to navigate for our readers.

The article stressed the roles our blogs play in providing useful information on specific topics to the public while also allowing us to express our professional "spin" on the issues.  Of course, I have suffered some ribbing from fellow attorneys since publication - mostly along the lines of "what is a blog?"  The print edition unmercifully had my mug shot front and center, and one good "friend" informed me that he stuck it on the refrigerator door right next to the plumber's magnet!   

I have since spoken to Steve Levy, a professional recruiter who was also profiled in the article and discussed employment opportunities for individuals with disabilities.  We will talk again. I haven't spoken to career strategy coach Deb Dib yet who was also profiled, but am sure we will have similar synergies.  See you in the blogosphere! 

 

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I was recently interviewed by a reporter for AM New York in an article on disablity insurance claims.  The article is a good overview of the reasons to have long term disability insurance and the potential problems that may arise when you make a long term disability claim.  It also appeared in the always excellent Disability Insurance Forums. Good reading!

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Congratulations to Turley, Redmond & Rosasco, LLP founder William J. Turley on being nominated last night as the Democratic candidate for the Suffolk County Legislature's 13th District, as detailed in today's Newsday. 

Besides being one of Long Island's leading workers' compensation lawyers, Bill will be an excellent county legislator come this November.  Bill was recently the sole honoree of the New York Workers' Compensation Bar at a fundraiser for "One in Nine", the breast cancer advocacy group.  Needless to say, everyone at our firm is extremely proud of Bill's past and future accomplishments.  Go Bill!

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Last week, the New York Daily News published a sad article about disability benefits and our client's 3 1/2 year struggle to obtain the Social Security Disability benefits she deserved entitled "Filing for Disability, but Finding Discouragement".   As detailed in the article, our client was mentally retarded and could not read or write. 

In mid-2003, she applied for Social Security Disability benefits.  Unbelievably, her claim was denied about 6 months later.  Our office filed an appeal called a "Request for a Hearing before an Administrative Law Judge" in the Queens Office of Disability Adjudication and Review.  Our client eventually appeared for a hearing before an Administrative Law Judge after waiting an additional 12 months.  At the hearing, the law judge called a special Social Security medical expert to testify.  The medical expert testified that our client was disabled under Social Security regulations.  End of story - right? No!

Despite  the testimony of his own medical expert saying our mentally retarded client was disabled, the judge again denied the claim in a poorly written decision a few months later.  This particular judge is known for horrible decisions. We then immediately appealed our client's case to the Social Security Appeals Council (a panel of reviewing judges) in Falls Church, Virginia.  Finally, in January 2007 the Appeals Council  fully reversed the original judge's decision and granted our client disability benefits, some 3 1/2 years after her initial application. 

As the claimant's mother said in the article, "when we needed the system, it wasn't there for us".  When the mentally retarded need retain disability attorneys to get the Social Security Disability benefits they deserve, you can only imagine the challenge the rest of you might have, especially in the New York City area.   

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Yesterday's Newsday had a disturbing article regarding the radiation related health risks to workers who worked on or around the Hicksville, Long Island, Sylvania Nuclear Waste Site ,now owned by Verizon.  Our office recently won a workers' compensation claim for a worker who contracted a rare cancer, extraskeletal myxoid chondrosarcoma, due to ionizing radiation and other toxins while working on this site for Magazine Distributors, Inc.,  a division of Hudson News.  If I were a worker at this site or knew someone who worked near there, I would read this article carefully.

This nuclear waste site, located at 70,100 and 140 Cantiague Rock Road, Hicksville, NY was operated by Sylvania between 1952 and 1967 and was licensed by the US Atomic Energy Commission to manufacture nuclear fuel rods for use during the Cold War.  The radioactive elements uranium-235 and thorium were processed and milled at the facility.  The uranium and thorium were then subject to machining, grinding and incineration.  The facility then burned sludge to reclaim more uranium.

In addition, the Sylvania plant, although unauthorized to do so, burned scrap uranium as a three shift, seven day a week operation until 1960.  Large 55 gallon drums of uranium scrap metal were burned on site.  During the ongoing site clean-up, 55 gallon drums have been found buried at the site.  In addition to the radioactive substances, the site is contaminated with tetrachloroethene, trichloroethene and nickel.  Someone described the site as the location of a "dirty bomb".

Verizon, the current owner of the site, set aside $240 million for the ongoing clean-up which is now being monitored by both the New York State Department of Environmental Conservation and the Army Corp of Engineers.  Recent documents obtained by our lawyers during the litigation indicate that there may be more contamination than originally thought below the 100 building, the former location of Magazine Distributors, Inc.  

On November 9, 2006, the Hicksville Water District warned residents of of higher than allowed concentrations of tetrachloroethylene (a toxin found on the site)  in the drinking water from one of their supply wells and the potential cancer risks it might cause.  The well was immediately taken out of service.

Currently, neither the Army Corp of Engineers nor the New York State DEC nor Verizon are releasing statements about the what is currently being found on this dangerous site.  Thousands of pounds of contaminated soil have been carefully transported to Envirocare in Utah.  In 2004,  New York Senator Schumer  stated that "it's the federal government that created this mess, it should be the federal government that fixes it".  To date, the public doesn't know the current status of the site and when or if it will be properly cleaned up.  In the meantime, more workers and local residents are getting gravely ill.  Perhaps it's time for Senator Schumer to get to the bottom of this quagmire and let the public know the current health risks on the site.

As reported in Newsday, the lawsuit brought by local residents against the property owner, Verizon, for their increased cancer risk was recently settled for approximately $11 million.  The New York Department of Environmental Conservation is currently prosecuting  lawsuits arising from this site in federal court in Central Islip.  As stated in the Newsday article, this toxic waste dump could have impacts like those facing 9/11  rescue workers.  Workers on this site, which also included the companies Air Techniques and Gilbert Displays, could be facing cancer and other health problems for years to come.   Scary stuff!

 

 

 

 

 

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I was interviewed the other day by WorkersComp Central, a national on-line newspaper dedicated to workers' compensation issues, on the impact of the new Spitzer New York Workers' Comp Reform Bill.  This bill passed both the Senate and the Assembly unanimously yesterday and is expected to be signed by Governor Spitzer next Tuesday.  The new law takes effect July 1, 2007,  and the changes are transformative - to say the least.  For attorneys who have practiced law in this administrative and technical forum many years, the changes will test our ability to adapt to radically new benefit structure.  It should be interesting!  

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With all the talk of workers' compensation reform in New York lately, some of you may have thought that we forgot about the long term disability and social security disability claim side of our practice. Anything but!

On February 23th and 24th, I attended ACI���s Litigating Long Term Disability Claims conference in Coconut Grove, Florida. This is one of the best LTD claim lawyer conferences in the nation and all the "heavy hitter" plaintiff and defense attorneys in the in LTD business, from Frank Darras to Mark DeBofsky, were there. In fact, both Frank and Mark gave wonderful presentations regarding recent case law and claim filing strategies.

Given that a long term disability insurance carrier last week denied a new client who has end-stage real disease and is awaiting a kidney transplant, it looks like the good fight will continue for the foreseeable future.

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I had the pleasure of lecturing at St. John's Law School last Friday in Professor Dave Gregory's Employment Law class. Besides the general overview that I usually do on the workers' compensation law, I specifically focused on the recent NY Court of Appeals split decision in Balbuena which was announced on February 21, 2006.

In my mind, Balbuena is the most important labor decision which will come down from the Court this year. It may in fact be the most important of all the Court's decisions this year. Essentially, the Court held that a worker's status as an illegal immigrant did not prevent him from receiving benefits for lost wages in a personal injury law suit. Had this case gone the other way, which it did in one appellate court below, I can guarantee you that workers' comp insurance carriers would have used it to deny workers' comp to undocumented residents before the ink was dry.

Putting aside the technical legal premise upon which the majority opinion rests ( the federal Immigration Reform and Control Act does not preempt NY occupational safety laws), the macro economic issue the Court wrestled with was really how our country deals with illegal immigration juxtaposed against our need for workers who will do jobs that many Americans refuse to do. This case embodies the issues that President Bush is trying to remedy with his current "guest worker" proposal. The majority opinion is scholarly and a must read for any attorney interested in worker rights. As a result of this win for injured workers, employers will be unable to further exploit undocumented workers. Their jobs are already dangerous enough.

Unfortunately, the dissent by Judges Read and Smith was not nearly as persuasive. It focused on why the Court should not sanction "illegal contracts". Where's Scalia when you need him? But then again, some legal experts are predicting that this case might go all the way to the US Supreme Court, so good old Antonin may get his shot yet.

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Next Wednesday, 1/18/06, my friend and colleague Justin Frankel and I will be giving a Continuing Legal Education Seminar at the Nassau County Bar Association entitled "Winning Long Term Disability and Social Security Disability Claims". It is suitable for both current New York disability lawyers and those attorneys considering branching out into either long term disability or Social Security Disability law in Nassau or Long Island.

If you are an attorney and would like to learn more about long term disability law or Social Security disability law in New York (while earning your CLE credits), please call Barbara Kraut of the Nassau Academy of Law at 516-747-4464. Hope to see you there!

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This past year has been a great experience for all of us at the Disabled Worker Law Blog. Hopefully, we have shared some useful information for the disability community regarding New York workers' compensation claims, Social Security Disability claims, and Long Term Disability claims. In addition to sharing helpful information, we have taken strong political positions to protect the rights and benefits of disabled workers, whether it be the Bush Social Security Privatization plan,the Pataki workers' compensation reform plan, or the UnumProvident long term disability settlements. Your continued readership and comments have been both encouraging and enlightening. We look forward to the continuation of our mutual conversation in the New Year.

Along the way, we have encountered many friends and fellow bloggers, such as the the always insightful New York Civil Law Blog and the simply outstanding Workers' Comp Insider. Their excellence keeps us striving to do better. Of course, none of this would have been possible without the support and encouragement of Kevin O'Keefe at Lexblog who is the preeminent authority on law firm blogs in the US. Thanks, Kev!

Finally, we would like to personally thank all our loyal readers. Since the Disabled Worker Law Blog was launched in March 2005, our readership statistics have shown steady growth, while maintaining a loyal group of regulars. We frequently receive inquiries from disability advocacy groups, disability support groups, unions, physician practices and the press, in addition to disabled individuals and their families. On behalf of all the attorneys at Turley, Redmond & Rosasco, we wish you all a happy and healthy New Year. We'll see you in the blogosphere!

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One of our workers compensation and Social Security disability clients picked up her $500 check as a result of Turley, Redmond & Rosasco's First Annual Christmas Blessing on December 21, 2005 in our Shirley office. Our staff was overwhelmed by the volume of touching and heartfelt letters we received from many of our disabled clients. Almost every single letter requested help not for themselves, but for their young children on Christmas day. Our staff did their best to select the absolute neediest among our many deserving clients.

Finally, our staff selected a single mom with three children ranging from age 2 to 6. She had a 15 year solid work history as a Nurse's Aide until she hurt her back lifting a patient at work. She recently underwent back fusion surgery but the result is still in limbo as she continues to have chronic pain. She has no car and uses sporadic bus service on the east end of Long Island to go to doctor appointments and buy groceries. Her Social Security disability claim is still pending, and her only source of income is her paltry workers' compensation benefit.

When we called her on the phone to inform her of her blessing, she began to scream in joy so loudly that her children could be heard in the background asking what was the matter. We thank all our clients who participated in the Christmas Blessing and look forward to making it an annual tradition at Turley, Redmond & Rosasco. We wish you and your families a happy and healthy New Year!

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We know that many of our New York clients with workers compensation, Social Security Disability or long term disability claims might have a less joyful holiday this year. For this reason, the attorneys at Turley, Redmond & Rosasco have instituted our First Annual Holiday Blessing. The law firm will donate $500.00 by December 20, 2005 to the neediest disabled New York client who is out of work and cannot afford presents for his/her children.

To be eligible for the Blessing, please write a short note to our Office Manager, Janou Mauro, by December 20th telling us how the $500 would make your Holiday more joyful. A committee of staff from our workers compensation, Social Security disability and long term disability departments will select the neediest client at 12 noon that day and contact the client to pick up their check that same day. Please call us if you have any questions.

The attorneys and staff of Turley, Redmond & Rosasco wish you all a Merry Christmas and Happy, Healthy Holiday Season. May next year be better than the last! In the words of Charles Dickens, "God Bless Us, Everyone!"

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The Workplace Project, the trail blazing immigrant rights organization on Long Island, will be honoring Turley, Redmond & Rosasco, LLP at it's 13th Anniversary Gala on Wednesday, November 9, 2005 at the Fox Hollow Inn.

The attorneys at Turley, Redmond & Rosasco have worked cooperatively with the Workplace Project for over 10 years to improve working conditions for Latino immigrants in New York. As detailed in Workplace Project founder Jennifer Gordon's recent book, Suburban Sweatshops, the New York economy thrives on the backs of immigrant workers who work in the type of deplorable working conditions not seen since the times of Dickens. It has been our honor to help these individuals receive workers' compensation benefits when they are seriously injured on the job. It is sad to report that the majority of workers' compensation death cases I see in my office today involve immigrant workers who are doing jobs that few American born workers would even consider. Far and away, it is these immigrant workers who come to my office in wheelchairs and missing limbs.

The Workplace Project serves a vital role in protecting the human dignity of immigrant workers in New York and Long Island. Many elected officials and friends of this fine organization will be on hand for this Gala on November 9th. Sponorships, journal ads and tickets are available by calling Executive Director Nadia Marin-Molina at (516) 565-5377. Many of the Turley, Redmond & Rosasco attorneys and staff will be present along with frinds of our law firm. Please join us on November 9th to support The Workplace Project. We look forward to seeing you there.

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The Full Service New York Disability Law Firm of Turley, Redmond & Rosasco, LLP is pleased to announce that David Tobias and Craig Rosasco have been named partners in the firm.

David Tobias is a graduate of Hofstra Law School and has been Supervisor of the firm’s Social Security Disability Department for the past five years. Prior to joining Turley, Redmond & Rosasco, LLP in 2000, he was an Associate Attorney at a national Social Security disability law firm for ten years. Over the course of his career, he has appeared at more than 1000 administrative disability hearings and has a winning percentage of over 95%. In addition to his Social Security disability work, David also supervises the firm’s New York State Retirement Disability Pension Department and our Veterans Disability Appeals Department (which is unfortunately quite busy now given the number of injured and wounded returning from Iraq). Dave is based out of our Suffolk office and can be reached at (631) 582-3700 x114. Please join us in congratulating Dave on his accomplishment.

Craig Rosasco is a graduate of Touro Law School where he was Student Bar Association President. Craig joined the firm in 1997 after working in the Claims Department at a major workers’ compensation insurance company. Since then, he has concentrated in representing workers with New York State Workers’ Compensation claims. Over the course of the last 9 years, he has appeared at more than 800 hearings before the New York State Workers’ Compensation Board. Craig is known for his strong trial and negotiating skills on behalf of injured workers, and uses his prior insurance company experience to benefit the firm’s clients. Craig handles workers’ compensation claims out of our Nassau and Queens offices. He can be reached at either (516) 745-5666 x113 or (718) 396-3500 x113. Please join us in congratulating Craig on his accomplishment

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On October 16, 2005, my partner Chris Redmond rode in the New York City Multiple Sclerosis Association's MS Bike Tour and his group of riders raised over $20,000 for MS research! Congratulations to Chris and his team for raising an astounding amount for this great organization. The event raised over a Million dollars in total! By raising money like this, we get that much closer to finding a cure for multiple sclerosis. Although I have found our multiple sclerosis clients to be some of the nicest and most courageous people we have ever met, we would be glad to never see another MS Social Security Disability or Long Term Disability claim again.

On a different front, last Thursday I had the pleasure of attending the Long Island MS Association Chapter's 8th Annual Research Dinner. The speakers were Malcom Gottesman, MD, Director of the MS Treatment Center of Winthrop University Hospital and Susan Goelz, PhD of Biogen. Bottom Line - in addition to Multiple Sclerosis drugs like Avonex, Copaxone, Rebif and Betaseron, pharmaceutical giant Novartis is currently in Phase Two trials with a promising new drug currently labeled "FTY720". This is an oral drug which can reduce MS lesions. Finally, the drug Tysabri may soon be coming back on the American market after it was withdrawn over fears it might cause PML. All in all, it was a fascinating night filled with hope that we will conquer Multiple Sclerosis sooner rather than later.

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For those attorneys who may have missed my Spring Seminar at St. John's Law School entitled "Representing Your First Workers' Compensation Client", I will be doing a repeat on Sunday, October 23, 2005 at 8:30 AM. (Ouch!). Apparently, the first workers compensation session was well received.

For lawyers interested in satisfying their CLE requirements, you can contact the Office of Continuing Legal Education at St. John's at 718-990-6006. Hope to see you there!

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My good friend (and one of Long Island's best Elder Lawyers), Sharon Kovacs Gruer, has asked me to speak at the New York State Bar Association's Elder Law Advanced Institute on October 21, 2005 in Saratoga Springs. My topic will be "Obtaining Social Security Disability (SSD) and Supplemental Security Income (SSI)". I work with Elder Lawyers like Sharon frequently on social security disability and workers compensation issues. One of the most common needs my clients have is the establishment of a Supplemental Needs Trust. These trusts hold the assets of a disabled person so that they do not lose Medicaid eligibility.

For example, I recently handled a workers compensation claim and we were on the verge of a significant money settlement. Before the settlement papers could be signed, my client suffered a massive stroke and will require nursing home care for the rest of his life, which was being paid for by Medicaid (health insurance for the poor). If he had taken personal possession of the workers comp settlement, he would have lost his Medicaid. Instead, I worked with an Elder Lawyer to set up a Supplemental Needs Trust which the client can now use for various personal needs, such as clothing and trips outside the nursing home. I suppose that's one of the reasons I like most Elder Lawyers - they are like Disability Lawyers. They help some of the most vulnerable in our society, the sick and disabled. I look forward to being with them in Saratoga Springs.

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The partners and attorneys at Turley, Redmond & Rosasco have a full plate of activities this weekend. First, Ronna Horwitz-Bard and I will travel to beautiful downtown Fishkill, New York for the Fall Injured Workers Bar Association Conference. In between the lectures and meetings, we will be honoring one of the giants of the Workers Compensation Bar - Abe Popish. Abe has been practicing workers compensation law in New York State for over fifty (50) years! He is a real class act and has been an inspiration to many workers compensation attorneys over the years. Congrats to Abe!

While we're chewing bagels and strategizing in Fishkill, the healthier contingent at Turley, Redmond & Rosasco will be running in the Cow Harbor 10K race in Northport, New York. Founding partner Bill Turley will be joined by attorney Aimee Berlin. If she's smart, she'll run a close second!

Next week we will start our Workers Compensation Top Ten Tips for Claimants, so be on the look out.

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My partner, and TRR's East End Managing Attorney, Chris Redmond will will be riding in New York City's 21st Annual MS Bike Tour on October 16, 2005 to raise funds for medical research to fight Multiple Sclerosis. Besides representing Multiple Sclerosis clients in Social Security disability claims throughout the years, Turley, Redmond & Rosasco has a personal interest in fighting multiple sclerosis as it has touched someone very close to us. As a result, earlier this year a number of our firm's employees participated in the Long Island MS Walk and raised a substantial sum for this worthy cause. If you would like to sponsor Chris' Bike Tour to fight Multiple Sclerosis, please click here for his personal MS Web page and make a contribution. Thank you!

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I will be taking a break from the world of workers compensation and disability claims until August 1, 2005. My family and I are taking a learning vacation at Cornell's Adult University. This is a great program if you want to combine relaxation with intellectual stimulation, all in the heart of the Finger Lakes wine country. While Dad and Mom take a course entitled "Meritocracy in America" taught by Prof. Glenn Altschuler, my 6 and 7 year old "explorers" will be studying bugs and ecology with Cornell students. See you soon.

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The annual New York Workers Compensation Bar Association golf outing yesterday raised a record $20,000 for pediatric cancer research. Bill Turley, Vince Hannigan and Craig Rosasco led our golf contingent, while Aimee Berlin and Jaclyn Marziliano Simmons hit the tennis courts - all for a good cause. Chris Redmond, Ronna Horwitz-Bard and I handled office duty until I joined the crew in the evening for the awards ceremony.

Hats off to my fellow workers compensation lawyers Ken Larkin and Ed Romano for organizing this wonderful event, and to Summit Pharmacy for their generous contribution to help kids with cancer. Who says lawyers don't contribute to society.

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Long time firm employee and New York State Licensed Workers Compensation Hearing Representative Craig Rosasco recently passed the New York Bar exam. He will soon become our firm's 11th attorney (talk about overhead!). Craig graduated from Touro Law School where he was the Student Bar Association President. At his graduation cerimonies at Lincoln Center last weekend, I had the honor of suiting up in my old St. John's doctoral robes and "hooding" my brother. Please join us in wishing him a long and honorable career before the Bar.

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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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Sububan Sweatshops is an important new book by Jennifer Gordon documenting the appalling working conditions of immigrants in our modern day suburbia. We had the pleasure of attending a book signing and celebration held last week at Hofstra University. Hofstra is down the street from The Workplace Project, a ground breaking organization founded by Ms. Gordon to provide legal representation to undocumented workers from Latin America. Our firm has had the privilege to represent many in their workers compensation claims and provide additional financial support for the organization.

Ms. Gordon, a MacArthur Fellow and now an Associate Professor of Law at Fordham University, has written a book that deserves a spot on your shelf next to Barbara Ehrenreich's Nickel and Dimed: On (Not) Getting By in America. If you want to understand how dependent we all have become on the immigrants who drive (or get run over by) our underground suburban economy, read this book.

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Helpful information for injured and disabled workers - that’s what this blog is all about. In non-lawyerly language, we will try to provide information that will be useful to the disabled, healthcare professionals, support groups, union officials, disability advocates, fellow attorneys and of course, our clients.

The blog is published by the full service disability law firm of Turley, Redmond & Rosasco, LLP. The firm represents clients in Workers Compensation, Social Security Disability, Long Term Disability (Private and ERISA) and Construction Accident cases throughout the New York metropolitan area. We have ten attorneys and a staff of over thirty who are dedicated to helping injured and disabled workers. If you live outside New York or our geographic area, we are members of national legal organizations, including the National Organization of Social Security Claimant Representatives (NOSSCR) and the Workers Injury and Law Advocacy Group (WILG),and would be glad to put you in contact with another well-qualified attorney who can help you.

Disabled workers are often times in desperate straits - physically, emotionally and financially. They need an attorney to help explain the disability maze and fight for all the benefits they deserve. This blog will supply you with the information you need to help make important life decisions about your legal cases.

We will not shy away from taking a stand for disabled workers who are fighting insurance companies or the government. We will expose injustices perpetrated on the disabled by some uncaring and disinterested employers. At the same time, we respect all opinions and welcome comments by those who might disagree with us, even our adversaries! Most importantly, we hope this blog makes the world of disability, workers’ compensation and accident claims more transparent. The more our clients know about their claims, the better we can represent their legal interests. Welcome and enjoy!

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When I was studying at Cornell’s School of Industrial & Labor Relations, one of the most riveting events we studied was the Triangle Shirtwaist Factory Fire. In short, on March 25, 1911, a raging fire broke out on the top floors of the Triangle Shirtwaist Company building in lower Manhattan. Many of the workers, mostly immigrant women and girls, could not escape because the company had locked the exits. Because of the locked exits, many of the workers had to jump from the ninth floor to their death. In total, 146 workers died. Up until the 9/11 tragedy, the Triangle Fire was the seminal event in occupational safety history, and led to the establishment of workers’ compensation laws and better working conditions throughout the nation.

On March 24, 2005, the Third Annual Triangle Memorial Fire Dinner will be held at the Fire Museum of the City of New York at 6:00 pm. My good friend Jim McCarthy and fellow workers’ compensation attorneys spearheaded this fantastic event, and the proceeds fund scholarships for children of injured workers. All those interested in attending can contact Jim at (718) 830-3200. For those who can’t make the dinner but are interested in the history of this gripping industrial tragedy, I strongly recommend the recently published Triangle: The Fire That Changed America by David Von Drehle. It is a real page turner involving struggling immigrants, building inspectors on the take, crafty lawyers, titans, of industry, and the politicians demanding reform (only after a tragedy occurs my how things don’t change!). Hope you can join us on March 24th.

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Turley, Redmond, Rosasco & Rosasco is a national disability law firm and The New York Disability Law Blog is published as a public service. The blog is intended to be an information and opinion resource for injured and disabled workers about 9/11 Victims' Compensation claims, workers compensation claims, Social Security disability claims, construction accident claims and civil service disability pensions. We welcome comments and questions to any of our posts from potential clients, existing clients, fellow attorneys, medical professionals and/or the news media. You may email us or call us Toll Free at 1-877-NY-DBLAW.

The Editor of the New York Disability Law Blog is Troy G. Rosasco, Esq. Troy has represented over 7500 injured and disabled workers since 1990. He attended both the United States Air Force Academy and Cornell University's School of Industrial & Labor Relations prior to taking his law degree at St. John's University. He is a member in good standing of both the New York and New Jersey Bars. He is also admitted to practice before the federal courts of the Eastern District of NY and the Second Circuit Court of Appeals. He successfully argued the seminal case of Brown vs. Commissioner of Social Security before the federal Second Circuit Court of Appeals.

Troy has authored over 25 articles on workers compensation and disability law for various legal periodicals, including the ABA General Practice Section Newsletter, the Queens Lawyer, the Nassau Lawyer and the Suffolk Lawyer. He was the co-author, with Prof. David Gregory of St. John's Law School, of the Legal Advisory Chapter in Warren, Gorman & Lamont's Workers' Compensation Guide. He has guest lectured at both Brooklyn Law School and St. John's Law School on workers compensation and disability law. He is a frequent lecturer to other attorneys and has presented CLE programs for the New York State Bar Association, the Nassau Bar Association and the Suffolk Bar Association. He has been a guest on the television program The Common Law and the radio programs Your Legal Rights and Learning About the Law. He has been quoted on workers compensation and disability issues in the New York Law Journal, Newsday, and the New York Daily News.

Troy is currently an Executive Board Member of the New York State Injured Workers Bar Association, a member of the Board of Directors of the National Organization of Social Security Claimant Representatives, the first Down-State Co-Chair of the New York Workers' Compensation Alliance, a Member of the Nassau County Bar Association's Grievance Committee, a former Director of the Nassau County Bar Association, a Sustaining Member of the and Vice-Chair of the Town of Oyster Bay Housing Authority.

For over a generation, the attorneys at Turley, Redmond, Rosasco & Rosasco, L.L.P. have been helping clients obtain all the benefits they deserve from insurance companies and government agencies. We have five convenient offices in Manhattan, Queens, Nassau and Suffolk counties, New York, serving injured and disabled workers. We are known for our honesty, compassion and tireless representation of disabled clients - a rare combination that gets results! Unlike some firms, we pride ourselves on being a full service disability law firm and we can coordinate all your claims, including New York State Workers Compensation claims; Construction Accident Lawsuits; Social Security Disablity claims; private and ERISA long term disability claims; volunteer firefighter compensation claims; New York Disability Retirement Pensions; and Veterans Disability claims.

Our experienced attorneys are supported by a well trained staff and state-of-the-art technology to provide you with the finest legal representation possible. We offer FREE Case Evaluations and a FREE "second opinion" service for those who already have legal representation.

We hope you find this blog helpful. Please call us Toll-Free at 1-877-NY-DBLAW if we can be of further assistance. We look forward to hearing from you.

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