Work-Accident -Compensation Accident Claim Work: World Trade Center

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Kamis, 20 Oktober 2011

World Trade Center Health Program Scientific/Technical Advisory Committee To Meet

World Trade Center Health Program Scientific/Technical Advisory Committee (WTCHP STAC or Advisory Committee), National Institute for Occupational Safety and Health (NIOSH) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned committee:

Committee Public Meeting Times and Dates: (All times are Eastern Standard Time)

8:15 a.m.-5 p.m., November 9, 2011,
8 a.m.-12 p.m., November 10, 2011.

Public Comment Times and Dates: (All times are Eastern Standard Time)

3:15 p.m.-4:15 p.m., November 9, 2011,
8:15 a.m.-9:15 a.m., November 10, 2011.

Place: Jacob K. Javits Federal Building, 26 Federal Plaza, New York, New York, 10278.

Background: The Advisory Committee was established by Public Law
111-347 (The James Zadroga 9/11 Health and Compensation Act of 2010, Title XXXIII of the Public Health Service Act), enacted on January 2, 2011 and codified at 42 U.S.C. 300mm-300mm-61.

Purpose: The purpose of the Advisory Committee is to review scientific and medical evidence and to make recommendations to the World Trade Center (WTC) Program Administrator regarding additional WTC Health Program eligibility criteria and potential additions to the list of covered WTC-related health conditions. Title XXXIII of the Public Health Service Act established within the Department of Health and Human Services (HHS), the World Trade Center (WTC) Health Program, to be administered by the WTC Program Administrator. The WTC Health Program provides:

(1) Medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are Federal employees) who responded to the September 11, 2011, terrorist attacks, and

(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City, who were directly impacted and adversely affected by such attacks (``survivors'').

Matters to be Discussed: The agenda for the Advisory Committee meeting includes: WTC Health Program Overview; Panel Presentations from WTC Responders and Survivors; Presentations from WTC Health Program Medical Monitoring and Treatment Programs and Health Registry; and discussion regarding ways and means of accomplishing the committee's work.

Sabtu, 24 September 2011

Nebraska Law Would Deny Disability and Death Payments to First Responders in a 9/11-Type Event

Guest Blog by Rod Rehm

As we shared in an earlier post, the first responders in the 9/11 attack are being diagnosed with cancer and other diseases at a rate higher than the general public, most likely because of their exposure to the World Trade Center’s deadly dust. But it can take 30 years or more for many of the diseases, disabilities and deaths to actually strike. Many, if not most, of the victims will be retired and earning no wages by the time they get sick.

Bottom line: Nebraska law needs to be changed to treat our workers and their families better

If an event like 9/11 tragically took place in Nebraska, what would happen to the first responders? If, many years later, they got sick and disabled or died because of things they were exposed to in the line of duty, would they receive workers’ compensation payments?

Shockingly, the answer is no. The doctors and hospitals would get paid but the worker would not and in the event of death the surviving spouse wouldn’t even get enough to pay for the average cost of a funeral.

Currently, Nebraska law doesn’t provide workers’ compensation payments for a worker who becomes disabled or dies when retired because of products they were exposed to on the job. A surviving spouse also doesn’t receive payments. The law also won’t provide compensation for retired workers who are diagnosed with cancer and other diseases caused by products at work.

For Nebraska workers who suffer such harm to receive justice, they have to take on the manufacturers of the dangerous products. Doing this is much harder than receiving benefits from the workers’ compensation system.

Unlike Nebraska, many other states allow workers’ compensation benefits to be paid when product exposure causes illness in workers well after the date of exposure. And the fact is, these situations are very common.

Bottom line: Nebraska law needs to be changed to treat our workers and their families better.

Check-in with us again for more information on why Nebraska law doesn’t provide workers’ compensation benefits for workers with diseases caused by exposure to hazardous products on the job.

Rod Rehm practices in Lincoln, Nebraska (Rehm, Bennett & Moore, PC, LLO) where he is the senior member of the firm. He concentrates his practice on representing injured workers and their families. He hold a degree in Business, Management & Economics (B.A.) and a law degree from Nebraska College of Law (J.D.). Rod is a member of the Nebraska State Bar Association, the Nebraska Association of Trial Attorneys (Board of Trustees) and the Workplace Injury Law Advocacy Group. He is a fellow of the College of Workers' Compensation Lawyers, and a prolific author and lecturer in the field of workplace injuries. He publishes the nationally recognized blog, Workers' Compensation Watch.

Rabu, 21 September 2011

World Trade Center dust and 9/11 first responders with cancer, time for U.S. Government to stop withholding benefits

Guest Blog By Edgar Romano*

Many courageous first responders, who saved lives at Ground Zero, have since been diagnosed with cancer, and yet the U.S. government does not pay for their treatment. This Saturday, September 10, CNN will air Terror In The Dust, an investigation by chief medical correspondent Dr. Sanjay Gupta into the consequences of the deadly dust produced by the World Trade Center’s collapse. Gupta speaks with 9/11 heroes and medical experts about the consequences of the carcinogen-filled dust.

A new study released earlier this week by the New York City Fire Department provides good evidence of a link between 9/11 first responders and cancer. The study showed a 32% greater incidence of cancer among firefighters who worked at Ground Zero than those who did not.

"The NIOSH study concluded that the 9/11 debris did contain known carcinogens."

The U.S. government does not pay for cancer treatments of 9/11 first responders. This is because the administrators of the James Zadroga 9/11 Health and Compensation Act made a determination not to cover cancer, based on a study by the National Institute for Occupational Safety and Health (NIOSH). The NIOSH study, published in July 2011 concluded that while the 9/11 debris did contain known carcinogens, first responders were not exposed to dangerous levels. The New York City Fire Department study provides new evidence that, hopefully, will cause lawmakers to reevaluate their decision.

"It took 25 years to draw that connection between asbestos and mesothelioma, and in that time a lot of people died who might otherwise have been screened, treated, and might otherwise have been saved."

In an interview yesterday with John Stewart, a long-time supporter of the first responders and their cause, Dr. Gupta noted that “It took 25 years to draw the connection between asbestos and mesothelioma” and in that 25-year period, many people died without proper care or screening.

Dr. Gupta expressed hope that the Zadroga bill administrators would immediately acknowledge the newly released scientific evidence and give the go-ahead to compensate first responders who have since been diagnosed with cancer. Dr. Gupta also stated that if the link between the World Trade Center’s dust and cancer were officially acknowledged by the Zadroga bill administrators, early screenings for other responders could be authorized, potentially saving lives.

Representatives Charles Rangel, Carolyn Maloney, Jerrold Nadler, Peter King, and Steve Israel have filed a petition with the Zadroga bill Program Administrator that will require him to consider within 60 days whether or not to add coverage for cancers under the Zadroga Act. NIOSH does not plan to release a follow up study until July 2012.

We all owe a debt of gratitude to these first responders. We encourage everyone out there to watch Terror In The Dust, Dr. Gupta’s documentary on environmental hazards at Ground Zero, on September 10, 9:00 p.m. ET.

EDGAR ROMANO received his undergraduate degree cum laude from Brandeis University and his Juris Doctorate from The John Marshall Law School. He is a Senior Partner in the Workers' Compensation Department and has been with the firm since 1995. Mr. Romano is actively engaged in litigating workers compensation claims including those claims arising out of occupational exposure to asbestos and industrial irritants. He has lectured extensively to labor unions and medical providers. Mr. Romano isPresident of the Workers Injury Law and Advocacy Group and is on the Board of Directors of the New York State Workers' Compensation Bar Association. He is a member of the Leader's Forum of the American Association of Justice and Vice-President of the Workers' Compensation Section. He is a member of theNew York State Bar Association, the New York State Trial Lawyers Association, the Jewish Lawyer's Guild, and NYCOSH. Mr. Romano serves on the Advisory Committee of the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital. He is listed in "Who's Who in American Law"..

Mr. Edgar Romano was selected as one of the "Workers' Compensation Notable People for 2008". These selections are made by the LexisNexis Workers' Compensation Law Center, who state that "These exceptional people have worked tirelessly on behalf of their clients and others and have made significant contributions to the workers' compensation system and/or the workplace". For the complete story go to LexisNexis Workers' Compensation. He blogs regularly at Workers' Law Watch where this posted appeared originally on September 8, 2011.

Sabtu, 10 September 2011

What Congress Really Needs To Do To Solve the Asbestos Epidemic

The Republican House Majority is again putting on its old and tired dog and pony show to blame the victims of asbestos disease for their occupational illness that were in fact caused by employers and manufactures of asbestos products. The Industry is pulling out the old fraud card and soap box at a scheduled Congressional hearings next week.

Asbestos has been known to be a fatal carcinogen for decades. It is a cause of latent disease that may take decades to manifest after the initial exposure. Minimal exposure to asbestos may be fatal. Asbestos has been linked to asbestosis, and malignancies such as mesothelioma and lung cancer. There is no universal ban on the use of asbestos fiber in the US. Asbestos victims have been held hostage by Congress to give up more rights for compensation as the debate for imposition of a national ban on asbestos continues.

Decades of litigation, originating in US workers' compensation claims, and liability claims, has revealed that employers and manufacturers concealed important information from employees who were exposed to deadly asbestos fiber. That malfeasance has resulted in benefits and awards to injured workers and their families through the US civil justice system and bankruptcy claim process.

Asbestos litigation has evolved in waves or surges of claims over the decades. It is very long term litigation. Sometimes amounting to decades of processing after manifestation of the disease process. Recently there has been an upswing in the number of bystanders and household contacts who suffer disease. This is caused by yet another generation of workers, their family members and bystanders who have been exposed to asbestos fiber. Some has been the result of mere home demolition and rehabilitation. Ironically, many of the victims, first responders and innocent bystanders of The September 11th Attack were exposed by the pulverization of asbestos containing building materials on the attack on the World Trade Center.

It is an unfortunate turn of events when the Republican dominated Congress points the finger at the innocent asbestos victims. The nation would be better served if the focus were on the real culprits, those who manufactured the epidemic of asbestos disease, and an effort made to increase research for a cure to asbestos related illness. It is hopefully time for Congress to help the victims get access to benefits, invest in medical research, and to impose a universal ban of asbestos in the nation.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Selasa, 06 September 2011

9-11 Photographic Remembrance - Photographer Joe McNally Comments on His Project

Joe McNally, an incredibly skilled professional photographer discusses his project commemorating the 10 anniversary of the World Trade Center attack in New York City. Joe's recent blog reveals his dedication, commitment and endurance in photographing the horrific event 10 years ago and then updating the project for the 10th Anniversary. His project is now on display at the Time-Warner Center in New York City.

Click here to read the Blog Post: http://bit.ly/n7rR7v

Selasa, 30 Agustus 2011

Zadroga 9-11 Compensation Fund To Accept Claims October 3rd

The 9/11 Zadrogra Compensation Fund is scheduled to start accepting claims for compensation on October 3, 2011. Announcement of the publication of the Final Rule was just announced.

With the 10-year anniversary of Sept. 11, 2001, approaching, September 11th Victim Compensation Fund (VCF) Special Master Sheila L. Birnbaum today announced the final rule governing the fund. Since issuing the proposed regulations in June 2011, Special Master Birnbaum has reviewed formal comments and met with, and received feedback from, hundreds of New York-area residents, workers and first responders at town hall meetings held in New York and New Jersey.

For more information about The 9/11 Fund claims click here.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Selasa, 26 Juli 2011

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund.

The report concludes:
"Based on the scientific and medical findings in the peer-reviewed literature reported in this first periodic review of cancer for the WTC Health Program, insufficient evidence exists at this time to propose a rule to add cancer, or a certain type of cancer, to the List of WTC-Related Health Conditions. "

Although a determination cannot be made to propose a rule to add cancer, or a type of cancer, to the List of WTC-Related Heath Conditions at this time, it is important to point out that the current absence of published scientific and medical findings demonstrating a causal association between the exposures resulting from the September 11, 2001, terrorist attacks and the occurrence of cancer in responders and survivors does not indicate evidence of the absence of a causal association.

"It is expected that the second periodic review of cancer for the WTC Health Program will be conducted in early to mid-2012 to capture any emerging findings about exposures and cancer in responders and survivors affected by the September 11, 2001, terrorist attacks.

Selasa, 19 Juli 2011

Zadroga WTC Health Claims Fund Town Hall Meetings

The Special Master for the Zadroga 9-11 Victims Compensation Fund, Sheila L. Birnbaum, will be holding a series of public town hall forums to discuss the operation of the Fund. Those meetings will take place in both New York and New Jersey.

Wednesday, July 27th 6:00-7:30pm: Queens Borough Hall, 120-55 Queens Blvd, New York, NY
Thursday, July 28th 6:00-7:30pm: Jersey City City Hall - Council Chambers, 280 Grove Street, Jersey City, NJ
Tuesday, August 2nd 6:00-7:30pm: Melville Marriott, 1350 Old Walt Whitman Road, Melville, NY

The program was established to provide compensation and medical monitoring to victims of the September 11th tragedy in New York City. Regulations for the operation of the Fund have yet to be announced. It is anticipated that the Fund should be operational by July 1, 2011. Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Jumat, 01 Juli 2011

New York Dignitaries Celebrate The Zadroga Act Taking Effect

Mayor Bloomberg, Secretary of Health and Human Services Kathleen Sebelius, Congresswoman Carolyn Maloney, Congressman Jerry Nadler, New York City Police Commissioner Ray Kelly, New York City Fire Commissioner Salvatore J. Cassano and Mt. Sinai Medical Center CEO Dr. Kenneth Davis today joined World Trade Center (WTC) first responders, labor union leaders, community groups, physicians and others at a ribbon cutting event at the Mount Sinai Medical Center in New York City to celebrate the James Zadroga 9/11 Health and Compensation Act taking effect.Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment through at least 2015.

The law takes effect today, July 1, 2011.“Today marks a new milestone in the ongoing efforts to address the health impacts wrought by the September 11th terrorist attacks,” said Mayor Bloomberg. “New York City has always maintained that our nation must share the responsibility of providing this care and with the Zadroga Act now in effect, the WTC Centers of Excellence can be assured of sustained funding to address the harm that people have suffered in the wake of the attacks.

The federal government is now fully engaged in addressing the health concerns of those who answered the call on 9/11, and of the residents, area workers, and other survivors.”“The Obama Administration has made it a top priority to fulfill our obligation to those who showed such bravery, heroism and sacrifice on 9/11 and the months and years that followed,” said U.S. Secretary of Health and Human Services Sebelius. “As the James Zadroga 9/11 Health and Compensation Act goes into effect we are paying back part of a debt that can never be fully repaid and making sure that first responders and those who lived and worked near the disaster site get the care they need and deserve. Today is a good day for New York. It’s a good day for our country. And our department is proud to provide a program that is caring for those whose courage, compassion and resilience bolstered our nation in our time of need.”

"We celebrate this historic day as the new World Trade Center Health Program officially begins, allowing Mt. Sinai to continue to help monitor and treat thousands of 9/11 heroes and survivors who are suffering,” said U.S. Senator Kirsten Gillibrand (D-NY). “The James Zadroga 9/11 Health and Compensation Act fulfills our moral obligation to the brave men and women who did not think twice before risking their lives in service to our country. We have a duty to provide them the health care and compensation they and their family need."

“Today represents the culmination of nearly 10 years of work and struggle by so many people, and I am profoundly moved as our bill – the James Zadroga 9/11 Health and Compensation Act – goes into effect,” said Congressman Nadler. “Nearly 10 years ago, the heroes of 9/11 risked their lives and, with phenomenal bravery, ran into burning buildings and smoldering ash to save others. And, for nearly 10 years, they have suffered ill health and death as a result. For so long, we wondered when the federal government would honor its obligations to these heroes of 9/11. Today, we demonstrate concretely, at the site of this incomparable Center of Excellence, that the United States does not forget those who have served.”“To the living victims of 9/11, we have great news: today, the Zadroga Act is taking effect and 9/11 health clinics are officially open for business under the new law. This is an historic milestone for the more than 36,000 people who have become ill because of the terrible events of 9/11, and the fulfillment of our moral obligation to care for those who rise to the defense of our nation in a time of war.

Starting today, $1.5 billion in guaranteed federal funding will begin flowing to the 9/11 health ‘Centers of Excellence’ here at Mt. Sinai and across the city, and 9/11 responders and survivors will begin seeing better access to services and care,” said Congresswoman Maloney. “I’m incredibly grateful to Secretary Sebelius, Mayor Bloomberg, my colleagues in the New York delegation – especially my co-authors, Jerrold Nadler and Peter King – my friends in the labor movement, and the 9/11 responders and survivors who fought for so long to pass the Zadroga Act .

“Today’s events are long overdue. I am proud that this critical legislation will take effect today and deliver on the promise we made to the heroes of Ground Zero,” said Congressman Pete King. “These designated Centers of Excellence will ensure a seamless transition and the continuity of care critical to our responders and survivors.”“There have been many bad and difficult days since 9/11, but today is a good day,” said Police Commissioner Kelly. “The attacks of 9/11 were not attacks on New York City alone, just as Pearl Harbor was not an attack on Hawaii alone. Nine-eleven was an attack on the United States of America and as such, those who still suffer from its aftermath deserve medical care and the full support of the federal government.”

"As we approach the 10th anniversary, we are reminded – almost on a daily basis –that many people continue to suffer the consequences of the work they performed in the days, weeks and months following the Sept. 11, 2001 terrorist attacks," said Fire Commissioner Cassano. "This funding allows us not only to continue providing critically needed medical monitoring and treatment, but sends a strong message to tends of thousands of dedicated emergency workers and volunteers that the nation has not forgotten your service."

“We are profoundly grateful for the perseverance and advocacy of Mayor Bloomberg and the other government, labor, and community leaders who have made this day a reality,” said Kenneth L. Davis, MD, President and Chief Executive Officer of The Mount Sinai Medical Center. “Mount Sinai is honored to have been designated a World Trade Center Clinical Center of Excellence and privileged to continue to treat the first responders at Ground Zero and the survivors who lived and worked in the area.”

Today’s event at Mount Sinai also marked the formal opening under the new federal law of the World Trade Center Medical Monitoring and Treatment Program at Mount Sinai, as well as the Centers for Excellence at the New York City Fire Department and Health and Hospitals Corporation’s WTC Environmental Health Center.

The Zadroga Act, passed by Congress in 2010, achieved what WTC responders, area residents, and other 9/11 survivors had long sought: sustained funding to treat those who are sick, or could become sick as a result of 9/11; continued research on potential WTC health effects; and the re-opening of the Victim Compensation Fund so that those harmed as a result of 9/11 are fairly compensated.

Specifically, the Zadroga Act:

Ensures that up to 25,000 new responders and up to 25,000 new survivors will be able to access the specialized, integrated mental and physical health care services currently offered by New York City’s three WTC Centers of Excellence – the Fire Department’s medical center, Mt. Sinai Hospital and Bellevue Hospital – and the WTC National Responder Health Program.
Promotes use of the latest medical research to enhance care by requiring the WTC Health Program Administrator, in consultation with a Scientific/Technical Committee, to review the scientific literature before deciding if new health conditions should be covered under the bill.
It provides federal funding for WTC clinical research for the first time, and it continues federal funding for the WTC Health Registry.Helps to resolve the issue of fair compensation by reopening the September 11 Victim Compensation Act and provides $2.775 billion in compensation for eligible individuals who may have suffered physical harm or death as a result of the terrorist attacks on the World Trade Center.

At the Mayor’s direction upon the fifth anniversary of the September 11 terrorist attacks, Deputy Mayor Linda Gibbs and then-Deputy Mayor Edward Skyler convened a panel of City agencies and health experts to conduct a comprehensive assessment of who was sick, what their treatment options were, and what was being done to ensure that those who might become sick received first-rate care.

The report, published six months later, established beyond question that many people suffered physical and mental health effects as a result of the World Trade Center attack and its aftermath. It also made clear that the ultimate scope of these health effects was still unknown; that it must continue to be studied, and that those who are sick or could become sick must be monitored and treated with the best possible care. While most studies have examined the short-term health effects on people exposed to the WTC disaster, an increasing number have begun to describe and analyze health effects five to eight years after 9/11.

These studies demonstrate that some WTC-related conditions have persisted, suggesting that continued health monitoring and treatment is needed for many of the nearly 50,000 rescue and recovery workers, Lower Manhattan residents and area workers who have enrolled in the WTC Centers of Excellence. The Zadroga Act ensures that these services will be available at least through 2015.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational and environmental exposures. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Zadroga 9-11 Compensation Fund Opens for Business

Today, The James Zadroga 9-11 Health Compensation Fund is open for business. Civic leaders will gather to celebrate with a ribbon-cutting at the Mt. Sinai Medical Center in New York City. The Zadroga Fund reopens the 9-11 Victims Compensation Fund and will provide billions of dollars in funding for the benefit of victims and first-responders who were injured as a result of the September 11, 2001 terrorist attacks.

US Congress Members Maloney and Nadler will be joined byU.S. Department of Health and Human Services Secretary Kathleen Sebelius, Mayor Bloomberg, Police Commissioner Kelly, clinic physicians and responders and survivors at the ceremony. The program will take place at Mount Sinai Medical Center, Annenberg Building 1190 Fifth Avenue, 1st floor, Stern Auditorium, Manhattan.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Selasa, 21 Juni 2011

World Trade Center (Zadroga) Compensation Fund Rules Announced

Special Master Sheila L. Birnbaum has announced the publication of proposed rules to govern The Zadroga Act Health Claim Fund and the payment of $2.775 Billion of benefits over the next 6 years. The Special Master pledged a process: that is fair, transparent and easy to navigate; procedures that will not dilute the fund; and a full investigation of the response, clean-up and debris removal activities necessitated by the attacks and those injured.

"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate aftermath of the terrorist attacks of September 11, 2001, including those who were injured during the clean-up and debris removal operations at a 9/11 crash site." This extension recognizes the considerable efforts of and effects on those engaged in or in the immediate vicinity of the response, recovery, and clean-up operations. The intent of the extension of the Fund is to provide fair and consistent compensation for those who are eligible and to do so in an efficient and timely manner.

"The regulations reiterate the expanded definition of the "9/11 Crash Site" to include both the crash site and contiguous areas of impact of the aircraft or subsequent fire, explosions, or building collapses. The Special Master will consider scientific evidence regarding the risks of physical harm resulting from the crashes. The routes of debris removal will be considered.

The Special master will "...maintain and publish a list of presumptively covered conditions that resulted from the air crashes or debris removal, and that this list shall consist of the physical injuries and conditions that are found, under the WTC Health Program, to be WTC-related health conditions."

Click Here to View Proposed Rules.

 For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Rabu, 15 Juni 2011

Health Reform Coverage for Asbestos Victims Expands

The Federal health reform medical coverage for asbestos victims is expanding in Libby Montana. The announcement was made by Senator Baucus who sponsored the innovated unified Federal healthcare legislation that is a national pilot program for the treatment of occupational illness and diseases..

"Libby Care" is an innovated plan under which the Federal government provides medical care to those who were exposed to asbestos fiber in the geographical area of the Libby asbestos mines. The mines were operated by WR Grace. The program is a pilot plan providing for free coverage to asbestos victims and is administered by Medicare. The pilot program may expand the Federal government's future role in providing medical coverage for all occupational exposure claims and thus avoid the litigious and burdened workers' compensation medical treatment system.

Montana's senior U.S. Senator Max Baucus today announced additional asbestos-related health services to be included under the health care coverage he secured for Lincoln County asbestos victims in the Affordable Care Act.

"The people of Libby and Lincoln County suffered a horrendous injustice in the name of greed, and we have a responsibility to help them heal however we can. We secured a Public Health Emergency Declaration in Libby to make sure these folks had access to all the tools they needed. Providing Libby victims with the consistent, reliable, health care they are entitled to under the law is the least we can do to help right this outrageous wrong," Baucus said.

Dr. Brad Black, Medical Director of the Center for Asbestos Related Disease in Libby said, "CARD, our patients, and the Libby community greatly appreciates Senator Baucus' work to secure legislation to provide long-term asbestos health benefits and screening. Medicare benefits, the Medicare Pilot Program for Asbestos Related Disease and ongoing asbestos screening are critical services for the affected population of today and tomorrow."

CARD is a community based non-profit organization established in 2000 that is committed to providing asbestos screening and healthcare related to the Libby asbestos exposure.

"While some in Congress are trying to end Medicare as we know it for Montanans, we strengthened it and improved access to better health care for folks in places like Libby," said U.S. Senator Jon Tester. "Today the people of Libby have better access to the health care services they need and deserve. It's a powerful investment in Montana's people."

The Centers for Medicare and Medicaid Services (CMS) said today the agency would begin covering the additional benefits July 1, 2011 under a permanent pilot program Baucus included in the Affordable Care Act to ensure Libby victims received the full range of services needed to treat asbestos diseases. Benefits cover services not already included under Medicare coverage Libby asbestos victims now receive under the law, including:

Special home care services;
Special medical equipment;
Help with travel to get care;
Special counseling, for example, help quitting smoking;
Nutritional supplements; and
Prescription drugs not covered by Medicare drug plans (Participants in the Pilot Program must be in a Medicare drug plan to receive this benefit.)

According to CMS, individuals participating in the Pilot Program will also be able to work with a nurse case manager to coordinate their health benefits and receive individualized care planning.

Today's news is the third step in Baucus' provisions to secure health care coverage for Libby under the Affordable care Act. In Spring 2010, as part of Baucus' provisions, victims of asbestos exposure in Lincoln County began getting care under Medicare. In March of 2011, Baucus announced a grant program to help Lincoln County health care providers screen for asbestos-related diseases. Before the new program announced today, Libby asbestos victims relied on temporary and uncertain grants programs to receive the additional care they needed.

Individuals can call 1-888-469-9464 to enroll in the pilot by phone or visit the websitewww.noridianmedicare.com/ard beginning June 14.

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

Additional background on Baucus' longstanding efforts to secure declaration of a Public Health Emergency in Libby:

Baucus has been a long-time champion of asbestos awareness in his efforts to declare the mining tragedy in Lincoln County a public health emergency and make sure folks there have access to the clean-up tools and health care they need.

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward.

The mine near Libby, Montana, was the source of over 70 percent of all vermiculite sold in the U.S. from 1919 to 1990. There was also a deposit of asbestos at that mine, so the vermiculite from Libby was contaminated with asbestos. Vermiculite from Libby was used in the majority of vermiculite insulation in the U.S. and was often sold under the brand name Zonolite.

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage."

In 2008, Baucus released a report detailing a 2002 attempt by the EPA to declare a Public Health Emergency in Libby that was thwarted by the previous Administration's Office of Management and Budget. And on June 17, 2009, due in large part to Baucus' efforts, the EPA declared its first ever public health emergency in Libby, Montana.

After securing the declaration, Baucus fought hard, as a key author of the Affordable Care Act, to make sure the law included a mechanism for residents of Libby and Lincoln County to access the health care they were entitled to as victims of a public health emergency. As a result, Libby residents began receiving coverage under Medicare in Spring 2010.