Happy New Year 2011 from Turley, Redmond, Rosasco and Rosasco

Posted on December 31, 2010 by Troy Rosasco

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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New York Post Reports on "Incredible Blunder" by Zadroga 9/11 Lawyers

Posted on December 29, 2010 by Troy Rosasco

On the heels of a unflattering article two days ago in the NY Daily News about the 9/11 lawyers at Worby, Groner & Edelman and Napoli, Bern,  Susan Edelman of the New York Post is reporting today on a potential mistake these lawyers may have made that could exclude them from filing Zadroga Act Compensation claims. 

Let's hope it is not true and that these heroes don't see their well deserved compensation go down the drain on a legal technicality.  I suspect federal district court Judge Alvin Hellerstein may have to come to the lawyers rescue on this issue - just to protect the innocent 9/11 heroes.

According to the article, the law firms of Worby, Groner & Edelman and Napoli, Bern have not yet gotten the needed signed "releases" accepting the settlement  from their clients, much less delivered them to the Port Authority.  If these releases are not received by the Port Authority by the time President Obama signs the new Zadroga 9/11 bill next week, any victim who subsequently signs such a release could be excluded from eligibility under the new Zadroga 9/11 Act. 

If this happens, such victims may then have no choice but to forgo the Port Authority settlement in order to now travel the long road to Zadroga 9/11 Act compensation.

This is not the way it was supposed to work.  The deal that was sold to these clients was that they should take the 9/11 litigation settlement now, use it to pay current medical bills, and then they would also be able to apply for Zadroga 9/11 compensation also.  What a mess...!  Stay tuned and pray for the best...

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NY Daily News Reports on Zadroga Compensation Act Lawyers Website Controversy

Posted on December 27, 2010 by Troy Rosasco

As reported yesterday in the New York Daily News, the Law Firms of Worby, Groner & Edelmann LLP and Napoli, Bern LLP are catching heat from many angry 9/11 First Responders and victims about their new Zadroga Act website which was planned to attact Zadroga Act claims prior to the passage of the  James Zadroga 9/11 Health and Compensation Act of 2010. 

Despite earning potentially over 100 million dollars on the recent lawsuits against New York City and angering many 9/11 widows and clients along the way in how their claims were handled (such as the extremely rare concept of attempting to charge clients interest on litigation costs - later denied by the federal Judge), they are apparently now trying to herd  their current clients (at a time of extreme financial and emotional vulnerability) to retain the firm to file Zadroga Victims' Compensation claims too. As reported in the Daily News, this includes texting messages to victims cell phones!

The Bottom Line - if you were a participant in any of the recently resolved 9/11 lawsuits against New York City and represented by a lawyer or law firm, you do NOT have to use that same lawyer or law firm to represent you in your Zadroga Victims' Compensation Fund claim. 

In addition, if you were previously represented by another attorney in a 9/11 New York Workers' Compensation claim,  a  9/11 WTC disability retirement claim as a police officer or firefighter from the NYPD or the FDNY, or any other 9/11 related victims claim, you should be aware that you have a right to a  fresh pair of experienced legal eyes from a different attorney to handle you Zadroga Act claim.

The skill set needed  for lawyers who handled the prior 9/11 litigation is far different from the legal skills needed to properly handle a claim before the newly re-opened  WTC Victims' Compensation Fund.  Unlike the lawsuits filed against New York City,  there will be no juries and litigation in federal District Court like the 9/11 cases before Judge Hellerstein. 

Lawyer fees are capped at 10% for Zadroga Compensation Claims, unlike the court imposed 25% in the prior lawsuits. And as John Feal of the FealGood Foundation  advises, their is no rush to sign a retainer with any Zadroga Claim lawyer or law firm just yet. 

You should explore any law firms' long-term commitment to 9/11 First Responders and victims before you sign any paperwork.   Can you talk to the actual owners of the firm (as you should)? Find the lawyer that you personally feel comfortable with who will also get you the best results.

Important Fact:  One misconception about the "so called benefits" of using a former attorney for your Zadroga Compensation claim must be dispelled.   No lawyer or law firm can claim that you should use their services because they "already have your medical records".  In New York State, you are the "owner" of the entire contents of your prior legal file. 

In fact, Zadroga Act claims are particularly well suited for lawyers who concentrate in administrative law such as workers' compensation claims, Social Security Disability claims, and NYC disability pensions.  A thorough knowledge of these types of claims is essential since any money a client may have received from such sources may be an "offset" (a subtraction) from his final Zadroga Act settlement. 

You can show up on your lawyers' doorstep at any time and demand a copy of your complete legal file ( including medical records ) so you can bring it to another lawyer for review. Since most of these records are now scanned and kept electronically, a prior law firm could press one button on a keyboard to send you or a new lawyer your entire legal file, as long as it is done securely to protect your privacy.

Another easy method would be to simply sign an official New York State Office of Court Administration Authorization like the one here and have your new attorney arrange to get a copy of your file for you.  This will keep you out of any awkward situations with your prior attorney, and avoid any undue delays. 

As always, we will continue to keep you informed on your rights under the James Zadroga 9/11 Health and Compensation Act of 2010.   Feel free to call Troy Rosasco toll free at 1-877-693-2529 x123 with any questions.    

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Merry Christmas and Happy New Year 2011 from New York Disability Lawyers

Posted on December 24, 2010 by Troy Rosasco

Christmas!

  • A time for giving with no expectation of anything in return.
  • A time when we may all put aside petty grievances and rejoice in the many blessings bestowed upon us.
  • A time when we extend an outstretched arm to those in need, and remember when we ourselves were in need of a lift up.
  • A time for God and sinners to reconcile. 

For the attorneys at Turley, Redmond, Rosasco & Rosasco, this is what Christmas time is all about. In that spirit, we wish you and your families a very Merry Christmas and a Healthy New Year!  May no injuries or disabilities visit your doorstep in 2011. For those struggling with injury or illness already, may 2011 bring you the a quick and complete recovery.

As Tiny Tim observed, "God Bless Us, Everyone!"

 

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Lawyer Salutes All Responsible for Passing Zadroga Compensation Act

Posted on December 23, 2010 by Troy Rosasco

Many victims and/or their families have been calling today to find out if they are eligible for compensation and health benefits under the new Zadroga 9/11 Compensation Act. Here is the text of the final Zadroga bill passed by the Senate yesterday which will now go to President Obama to sign. Our Zadroga Act lawyers are currently studying the final version and will be providing further analysis and interpretation in the near future. A careful reading of this bill is the starting point for all who may want to check their eligibility.

Some of the medical conditions for survivors in the Zadroga 9/11 Act that will be covered are listed below: 

    `(b) List of WTC-Related Health Conditions for Survivors- The list of health conditions for screening-eligible WTC survivors and certified-eligible WTC survivors consists of the following: 

      `(1) AERODIGESTIVE DISORDERS- 

        `(A) Interstitial lung diseases. `(B) Chronic respiratory disorder--fumes/vapors. `(C) Asthma. `(D) Reactive airways dysfunction syndrome (RADS). `(E) WTC-exacerbated chronic obstructive pulmonary disease (COPD). `(F) Chronic cough syndrome. `(G) Upper airway hyperreactivity. `(H) Chronic rhinosinusitis. `(I) Chronic nasopharyngitis. `(J) Chronic laryngitis. `(K) Gastroesophageal reflux disorder (GERD). `(L) Sleep apnea exacerbated by or related to a condition described in a previous clause. 

      `(2) MENTAL HEALTH CONDITIONS: 

        `(A) Posttraumatic stress disorder (PTSD). `(B) Major depressive disorder. `(C) Panic disorder. `(D) Generalized anxiety disorder. `(E) Anxiety disorder (not otherwise specified). `(F) Depression (not otherwise specified).`(G) Acute stress disorder.`(H) Dysthymic disorder. `(I) Adjustment disorder. `(J) Substance abuse. 

      `(3) ADDITIONAL CONDITIONS- Any cancer (or type of cancer) or other condition added to the list in section 3312(a)(3) pursuant to paragraph (5) or (6) of section 3312(a), as such provisions are applied under subsection (a) with respect to certified-eligible WTC survivors.

       

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Zadroga WTC 9/11 Victims Compensation Bill Deal Reached in Senate ... Finally!

Posted on December 22, 2010 by Troy Rosasco

The New York Daily News just reported that a deal on the James Zadroga 9/11 Health and Compensation Act of 2010 has just been reached in the United States Senate.  ABC News also has an excellent story on the Zadroga 9/11 deal here. This is great news for the victims and families who have waited so long for this day to come.

Just last night, Sen. Tom Coburn of Oklahoma was threatening to block the Zadroga 9/11 WTC bill, and according to the Daily News report, it appears that he negotiated significant modifications to gain his support. Specifically, the original 10 year,$7.4 billion treatment and compensation package has now been trimmed to 5 years and $4.3 billion. 

It reopens the 9/11 Victims Compensation Fund  and caps attorney fees at 10%, which is fair.  According to the Daily News, it also bars first responders who will collect from the recent 9/11 lawsuit settlement from "double-dipping" (as if this was their first concern!). My clients just want to get healthy and protect their families financial future.    

More details on the actual bill that will be passed and signed into law will be filtering out soon and we will post the final version of the bill here.  For now, let's celebrate winning a hard fought battle for a bill, which while probably not perfect, is certainly better than no bill at all.

As always, feel free to contact Troy Rosasco with questions about eligibility at 1-877-693-2529 x123.  Merry Christmas and Happy Holidays to all our heroes. Stay tuned for further details.

 

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Zadroga 9/11 WTC Ground Zero First Responder Bill Ready for Passage

Posted on December 21, 2010 by Troy Rosasco

When I last posted on the prospects of the James Zadroga 9/11 Health and Compensation Act of 2010, I was urging at least one Republican Senator to step up to the plate and act like a true Statesman.  Well, it looks like the yet to be named Republican(s) is finally on board. The tortured history of the long overdue Zadroga 9/11 bill is almost over, and hopefully the Senate will pass this much needed legislation prior to Christmas. That is, unless Republican Senator Tom "Scrooge" Coburn gets in the way! (see his cruel opposition paper to the Zadroga Victims Compensation Bill here).

Once the bill is law, we can all start to pitch in to get the 9/11 WTC heroes  the just compensation they and their families deserve. The text of the most recent version of the Zadroga Bill (likely to be changed in regards to funding and offsets in the final version) can be read and printed out here.

A great deal of political credit is due to Senators Schumer and Gillebrand, and New York City Mayor Mike Bloomberg. However, the real credit goes to these victims, many now dead, dying or chronically ill from unusual cancersand respiratory diseases, who dove into the rubble at Ground Zero after 9/11 to save lives without any concern for future compensation.  The grass roots efforts of the surviving WTC victims, their families and support organizations such as the FealGood Foundation to pass this bill is a testament to the American Spirit; we don't quit until the job is done.

Anyone with questions about their eligibility for compensation and health benefits under the new Zadroga Victims' Compensation Fund which will soon be created should feel free to call Troy Rosasco toll free at 1-877-693-2529 x123.

If the Zadroga 9/11 bill passes at this time of year,  the verse "Hark the Herald Angel Sings... God and some  "Republicans"  reconcile !" should be sung from the church pews.  Merry Christmas!    

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Lawyers Grapple with New York Workers' Compensation Medical Treatment Guidelines Effective December 1, 2010

Posted on December 10, 2010 by Troy Rosasco

The impact of the New Medical Treatment Guidelines put in place by the New York Workers' Compensation Board  effective December 1, 2010 is devastating to injured workers. See our law firm's presentation on the new Workers' Compensation Medical Treatment Guidelines for Medical Provider's here ( call us if you would like us to come to your Medical Facility for a free presentation ).

While the general goals of the guidelines are laudable, those claimants with chronic injuries or illness' will see an almost immediate cut in their ongoing medical treatment.  The prime motive of the new strict limitations on medical treatment is strictly cost driven, and aimed at allowing insurance companies to earn more profit.  A year after these guidelines are in place, let's see how many employers across New York State get an actual reduction in their workers comp premiums...

The current new Workers' Compensation Board Medical Treatment Guidelines apply only to neck, back, shoulder and knee injuries for the time being. More body parts are expected to be added later. 

 In an absolutely unfair and cruel policy decision, the New York Workers' Compensation Board has made these new guidelines applicable to even old cases going back many years despite a prior Judge's order awarding lifetime medical care. Therefore, if you have been seeing your chiropractor on a "symptomatic" basis to keep you working for years, you can expect such care to be denied soon.  

The new Workers' Compensation Board Medical Treatment Guidelines  cap physical therapy and chiropractic care at 40 visits for the life of the case, absent a "variance" which the treating medical provider must apply for. Narcotic prescriptions are capped at just two weeks!

Without being overly dramatic, I predict that some workers' compensation claimants who live in daily chronic pain and take narcotic pain killers due to a back or neck injury will have their prescriptions cut off without adequate time or medical supervision.  Some claimants with serious conditions simply cannot get by on Advil (or the amount they would have to take would burn a hole in their stomach or ruin their liver). When this happens, and it will, the potential results to the claimant (and possibly others) will be  catastrophic. 

The New York Workers' Compensation Board  really needs to re-look at this particular issue and issue detailed emergency guidelines.  They should get guidance from pain management specialists on how to safely ween claimants  taking narcotic pain killers off their medications. We are talking about real people and real lives here.    

The New York Injured Workers Bar Association and the New York Injured Workers' Alliance have pleaded with Workers' Compensation Board not to apply the new Medical Treatment Guidelines retrospectively.  So far, our efforts have fallen on deaf (or purposely covered ) ears. With such a non-response, the Bar Association may have no choice but to sue the Workers' Compensation Board and seek a permanent injunction stopping the Board from applying the guidelines to old cases where the claimant had a prior "deal" that had been approved by a Workers' Compensation Law Judge. See the Workers' Compensation Board's presentation on the Medical Treatment Guidelines to the Business Council (not to injured workers) here.

I will be lecturing at a  Workers Compensation Law Continuing Legal Education ( CLE) seminar in White Plains, NY for all New York Workers' Compensation Lawyers next week where I will go into greater detail on these issues.  Feel free to attend so we can all brainstorm on how to best fight these unfair retrospective medical treatment guidelines.

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