On behalf of all the attorneys and staff at the Disability Claim Law Firm of Turley, Redmond Rosasco & Rosasco, LLP, we wish you and your families Happy Holidays and a Healthy New Year!
"God Bless Us, Everyone!"
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.
The New York Post called it an "incredible blunder". The New York Daily News reported that 9/11 sick workers were scared to sign any "settlement papers" or risk losing out on Zadroga Act Victims' Compensation Fund benefits. This is not the first time that the Worby / Napoli Law firms have been accused of "scaring" 9/11 heroes.
Now the law firms of Worby Groner & Edelman and Napoli, Bern are are fighting back and protesting the NY Post article in a barrage of internet press releases saying "Don't Go to the NY Post for Legal Advice". The New York Post issued a new editorial yesterday on the signing of the Zadroga 9/11 Act and responding in part to the Worby / Napoli complaints. We agree that no sick 9/11 hero should be getting their legal advice from the New York Post.
At this time, if you have not already signed a release of your prior 9/11 civil action claims and returned it to your lawyer, you should seek out a competent second legal opinion, independent of Worby, Groner & Edelman and Napoli, Bern, prior to signing any settlement papers on your prior 9/11 litigation.
The problem is that under the Zadroga 9/11 Act, anyone who has not "tendered" a release in a prior 9/11 civil action prior to the date president Obama signed the law (this past Sunday, 1/2/2011), is not eligilble for a compensation award under the Zadroga 9/11 Act.
Under New York Civil Procedure law, the definition of "tender" is:
The term "tender," as used in the statute, is defined as meaning "either to personally deliver or to mail, by registered or certified mail, return receipt requested" (CPLR 5003-a [g]). See the link here to the case of : DJS Med. Supplies, Inc. v American Tr. Ins. Co., 2008 NY Slip Op 52456(U) (App. Term, 2d).
This all could have been easily avoided by the Worby / Napoli lawyers. It was reported by the New York Law Journal on October 18th of last year that Judge Hellerstein approved the Port Authority portion of the settlement. Why didn't Worby, Groner & Edelman and Napoli, Bern get the settlement papers out to their clients soon after the settlement, rather than wait to the last minute? Now, eligibility for Zadroga 9/11 Act benefits rests solely in the hands of a Special Master yet to be named, or as a result of further litigation.
With all due respect to the Court Appointed Ethics Expert Roy Simon, who Worby / Napoli use to back up their position in the press releases, he is not an expert on civil procedure. He has not in the press release said that anyone "tendering" settlement papers after enactment of the law will be eligible for Zadroga Health and Compensation benefits. And most importantly, he will not be the one who makes the decision on Zadroga 9/11 Act eligibility.
As I said last week, what a mess!
For many 9/11 victims and their families, it was a long and painful road to this most deserving day. Some did not make it - and we mourn them and their sacrifice.
However, many 9/11 first responders, survivors, volunteers, construction workers and clean-up workers will now get the medical treatment and compensation they need so badly due to the Zadroga 9/11 Act - and for this we are all grateful.
Thanks to all the the unstoppable supporters of the Zadroga bill. Thanks to James Zadroga and his family - and all heroes like him.
At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have. In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families.
For the those among us who are not working due to accidents or disease, may 2009 bring you a return to work and good health. The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to representing injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims. May 2009 bring happier, healthier and more prosperous days to the clients we serve. Merry Christmas and Happy Holidays!
According to an article in Newsday today regarding the LIRR disability retirement scandal, Attorney General Andrew Cuomo has now issued subpoenas to four long term disability insurance companies and five Long Island doctors who predominately examined LIRR workers. This is in the wake of recent reports indicating that a whopping 98% of Long Island Railroad workers retire with disability pensions. The fact that white collar LIRR employees were getting occupational disability pensions tells you how broken this system really is.
The long term disability insurance companies have been identified by the New York Times in their ongoing railroad disability scandal series as First Unum Life Insurance Company, AFLAC, Transamerica Financial Life Insurance Company and CUNA Mutual. It is possible that these disability insurance companies may have been victims of the broken Railroad Retirement Board disability decisions if they were required to pay out on policies if the LIRR employee was granted a disability retirement pension. It is not often on this blog that you will see me refer to long term disability insurers as potential victims, but it seems they might have been in this case.
As a disability lawyer for almost 20 years on Long Island, I am proud to say that I have never represented any LIRR employee in a Railroad Retirement Board disability claim. It appears they didn't need me - all they had to do to get disability benefits was to raise their hand! Unfortunately, abuses like this tarnish those LIRR employees with legitimate disability claims, of which I am sure there are many.
I predict this story is only going to get bigger, and will eventually lead to major reform of the Long Island Rail Road workers disability system. One simple solution would be to simply abolish the Railroad Retirement Board, and to include LIRR employees in the Social Security Disability system, which generally requires the claimant to be "disabled from all work", not just their "regular occupation". This would also help LIRR workers since Social Security disability taxes withheld from their paycheck are far less than the railroad system taxes they now pay. Perhaps Senators Schumer and Clinton can propose this easy fix. However this broken system is reformed, the days of automatic disability pensions for LIRR workers are over. Now they will have to be truly disabled.
Welcome to the newly designed New York Disability Law Blog! As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the more informational "New York Disability Law Blog". This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public.
To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated. I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues. Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.
In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog. Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs. Talk to you soon.
If you work for a public employer ( state, county, city, town, village, school district etc.) and are "permanently incapacitated from performing the duties of your position", you may be entitled to a Disability Pension from the New York State Retirement System. This claim can be in addition to benefits you might receive from Workers' Compensation and/or Social Security.
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