Subscribe to feed Latest Entries

New York State Comptroller Announces Decrease in Pension Contribution Rates

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 17 October 2014
in SFSM

The New York State Comptroller recently announced that the contribution rates paid by state and local governments towards New York's pension funds will decrease.

According to the Comptroller’s office the average rate of contribution will decrease to 18.2% for most public workers from 20.1%, the comptroller said. For police and firefighters, the employer rate will drop to 24.7% of payroll from 27.6%.

The decrease in contribution rates is expected to have immediate impact on local governments outside New York City.  In New York City, pension contributions will likely remain the same thanks to the city’s separate pension system. In recent years, localities and school districts have faced increases in their pension cost burden, partly due to the projected costs from a boom in retirees. Now, however, the rate reduction announcement comes as the state's main pension fund reached a record high of $180.7 billion. 

Thus, according to State Comptroller Thomas Di Napoli, the healthy state of the fund means local taxpayers won't have to contribute as much. This is due in part to recent investment gains, which has increased the state's pension fund to 92.2% from 88.7%. 

Though New York's pension fund is regarded as one of the best-funded in the country, opponents question the fund’s long term outlook. Indeed, skeptics argue that the fund assets, being largely comprised of various investments, presents a high risk for a high reward.

For additional information about state pension information and how it may affect you, please visit the state comptroller’s website at https://www.osc.state.ny.us/pension. Additionally, if you or a loved one have any questions regarding your workers benefits, social security, or disability benefits contact our experienced attorneys at Sherman, Federman, Sambur, & McIntyre, LLP.

 

New York Workers Comp Attorneys

 

Hits: 11 0 Comments
0 votes

Sherman, Federman, Sambur & McIntyre, LLP Plays Important Role in Major Breakthrough Related to 9/11 Volunteers

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 10 October 2014
in Workers' Compensation

Sherman, Federman, Sambur & McIntyre, LLP recently played an important role in protecting the rights of 9/11 volunteers in the Jaime Hazan case.  This case was recently reported on the front page of the New York Law Journal, Long Island’s News 12, Fox News, the New York Daily News and WALK radio.  The case is being cited as greatly expanding the Workers’ Compensation rights of 9/11 Volunteers.  This media coverage is almost unprecedented in the field of Workers’ Compensation.

Article 8-A of the Workers’ Compensation Law affords Workers’ Compensation benefits to volunteers who participated in the rescue and recovery efforts surrounding 9/11.  One of those injured as a volunteer was Jaime Hazan.  Sherman, Federman, litigated this case extensively, winning the case at the Workers’ Compensation Board level.

The Uninsured Employers’ Fund, on behalf of the World Trade Center Volunteer Fund, appealed the determination of the Law Judge.  They argued that despite the fact that Mr. Hazan presented pictures, affidavits and other evidence that he participated in the rescue and recovery efforts at ground zero, he could not be defined as a volunteer because of Final Revised Order of the Chair 967.  This is an internal order of the Workers’ Compensation Board not to award World Trade Center Volunteer Benefits to volunteers that did not formally register with or serve under the direction of an authorized rescue entity or volunteer agency.  Thus, although Mr. Hazan proved he participated in the rescue and recovery efforts to the satisfaction of the Law Judge presiding over his case, his rights to benefits were being appealed because he did not formally register with a volunteer agency or rescue entity.  

 Sherman, Federman filed a rebuttal, or written response to the appeal, containing multiple legal arguments.  We argued that nowhere in the law was there any such requirement to register with a volunteer agency or rescue entity as a precursor to receiving 9/11 volunteer benefits.  In fact, according to the way the law was drafted, the 9/11 Volunteer Workers’ Compensation law was to be interpreted broadly and not restricted.  Thus, Revised Order of the Chair 967 was contrary to the purpose and intent of the law.  Unfortunately, the Workers’ Compensation Board reversed stating that because Mr. Hazan did not satisfy Final Revised Order of the Chair 967, he could not be awarded 9/11 Workers’ Compensation Volunteer Benefits.

Sherman, Federman advised Mr. Hazan that the Workers’ Compensation Board was misinterpreting the law and encouraged him to seek alternate counsel specializing in appealing to a higher court, the Appellate Division, 3rd Department. Mr. Hazan ultimately retained Michael Hutter and the Pro Bono Appeals Program in Albany to prepare appropriate briefs for that court and argue the appeal. On June 5, 2014 the Appellate Division ruled that the Final Revised Order of the Chair 967 could not bar Mr. Hazan’s claim for 9/11 volunteer benefits as it was contrary to the law.  The case has presently been restored to the Workers’ Compensation Board for further proceedings.

The significance of this ruling is that World Trade Center Volunteers who did not register with an authorized rescue entity or volunteer agency may now apply for Workers’ Compensation benefits and have their cases heard on the merits.  This ruling will hopefully open the door to an entire class of volunteer rescue and recovery workers who have been otherwise barred from receiving benefits at this point.  The Governor’s office is reportedly reviewing the decision of this case to determine whether to rescind Revised Order of the Chair 967.

Many of the Legal Arguments, originally advanced by Sherman Federman in the Rebuttal to the Appeal at the Workers’ Compensation Board level, were cited in the Appeal to the Appellate Division by Mr. Hutter and the Pro Bono Appeals Program in their brief and ultimately by the Appellate Division, 3rd Department.

We congratulate Mr. Hazan, Mr. Hutter and the Pro Bono Appeals Program for a job well done and for the impact this case will likely have on other World Trade Center Volunteers. 

 

New York Workers Compensation Attorneys

 

Hits: 84 0 Comments
0 votes

Suffolk County Detectives Assocation

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 17 September 2014
in Philanthropy

Dear Ed, 

On behalf of the Board of Governors and the SDA Golf Committee, I would like to take this opportunity to thank you for your very generous donation which was used to sponsor the dinner for this year's golf outing.  Your donation helped to defray the costs of this annual outing in addition to assisting in making this tournament a success. 

Again, our sincerest appreciation for your donation and we look forward to working with you again next year. 

Sincerely, 

Glenn Kirkpatrick
Golf Chairman

Hits: 109 0 Comments
0 votes

Construction Company Held Liable for Employee's Death

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Friday, 22 August 2014
in Workers' Compensation

The U.S. Labor Department has found a Watertown contracting company responsible for the easily preventable death of a construction worker (employee) at one of its New York work sites.

Kyle Brown, 23, died in November of 2013 from a fall while he was working as part of a crew installing metal decking on the roof of an automobile dealership being built in Pulaski, New York. He was blown off the roof and fell to his death as he tried to secure sheets of decking, said Labor Department officials.

The Occupational Safety and Health Administration (OSHA) cited the company for a willful and a serious violation. “This needless fall and resulting death were entirely preventable. Had this company provided its employees with required fall protection equipment, anchorage and training, this young man would be alive today,” said Christopher Adams, OSHA's area director in Syracuse. “Falls are the leading cause of death in the construction industry, yet they are also among the clearest hazards to identify and eliminate. Fall protection safeguards save lives, but only if they're properly and effectively implemented.”

OSHA’s investigation found that while Brown was wearing a fall protection harness, it was useless, as the workers were not provided with a means to connect to an independent anchorage point to stop a fall. The company failed to train employees to recognize fall hazards and ensure adequate anchorage for lifelines nor did they secure the decking against displacement by the wind.

The company, MTL Design, is a general contractor that specializes in site work, concrete work and steel building construction. The company faces $88,900 in proposed fines for its violations and has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

In New York State, if you have been injured in a workplace or construction accident, your employer's worker’s compensation insurance policy is responsible for paying your medical bills and a portion of your lost wages.   It is often the case that a separate lawsuit can be pursued against one or more third parties responsible for the resultant injuries.   Don’t underestimate the seriousness of your accident or injury. What might seem like a straightforward case can quickly become a complicated legal problem. With so much at stake, it’s important that you contact an experienced New York worker’s compensation attorney.

The attorneys at Sherman, Federman, Sambur & McIntyre, LLP can provide you the representation you deserve and ensure your legal rights are protected. 

Hits: 171 0 Comments
0 votes

Suffolk County Police Superior Officers Association

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Thursday, 31 July 2014
in Philanthropy

Dear Edward, 

I would like to take this opportunity to thank you for your generosity and support for the cocktail and dinner hour sponsorship at our 17th Annual Golf Outing held on July 21st at the Baiting Hollow Golf Club in Baiting Hollow. 

This event gets better every year and with your continued support we have again exceeded our goals.  I look forward to seeing you again next year. 

Thank you again, 

Ken Macarthur
Golf Committee Chairman

Tags: Untagged
Hits: 131 0 Comments
0 votes

Suffolk County Probation Officers Association, Inc

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Tuesday, 22 July 2014
in Philanthropy

suffolk county probation officersDear Ed, 

I am writing to extend my thanks and appreciation for your generous support to the Suffolk County Probation Officers Association's 10th Annual Scholarship Golf Tournament on June 30th, 2014 at the Baiting Hollow Country Club. 

Your contribution of sponsoring a Tee Hole sign has helped make our 2014 golf outing very successful and has provided seven students with college scholarships.  

On behalf of the Suffolk County Probation Officers Association's Executive Board and our entire membership, thank you again for being a loyal supporter. 

We look forward to working with you again next year, 

Don
President,
Suffolk County Probation Officers Association, Inc

Tags: Untagged
Hits: 133 0 Comments
0 votes

What Does Third Party Liability Mean in Worker’s Compensation Cases?

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Monday, 21 July 2014
in Workers' Compensation

Workers who have sustained an on-the-job injury or illness are entitled to workers’ compensation to cover the medical bills and lost wages that result from their injuries. However, workers compensation benefits do not cover an individual’s long-term monetary loss, pain and suffering, or additional damages that may have resulted from particularly reckless conduct.  As a matter of fact, state law actually limits most workers’ compensation payments. Furthermore, individuals who accept workers’ compensation benefits forfeit their right to sue their employer for their job related injury or illness.

Third-Party Liability

Third-party liability provides an additional remedy, separate from workers’ compensation benefits, to individuals who have sustained a job related injury or illness. A third-party is anyone other than a worker’s employer or co-worker. Third-party liability occurs when an individual who sustains a job-related injury or illness sues someone other than his or her employer for damages.

Common third-party defendants include, but are not limited to:

  • Manufacturers of workplace equipment, tools, or materials, whose products may have caused or intensified an individual’s work related injury or illness;
  • Landlords or business owners who fail to keep their premises clear of hazards, thus resulting in an injury or illness to a worker who visits the premise as part of his or her job;
  • Automobile drivers who cause an accident, which results in an injury to a worker who was on the road as part of his or her job.

 

Will a claim for third-party liability affect the status of my workers compensation benefits?

No. All awards received in third-party liability suits are separate and distinct from workers’ compensation benefits. This means that injured or ill workers can receive an award based off of their third-party liability claim and still retain their workers compensation benefits.  Additionally, the right to bring a claim for third-party liability also extends to the surviving families of a deceased individual in cases of work related wrongful deaths.

Why should you pursue a third-party liability claim?

Since workers’ compensation benefits generally do not account for all of the cost associated with a work related injury or illness, pursuing a third party liability claim affords the victims of a work related injury or illness an additional remedy which may fully cover the costs of the of injury and lost wages.

 

 

Hits: 295 0 Comments
0 votes

100th Anniversary of New York Worker's Compensation Law

Posted by SFSM
SFSM
SFSM has not set their biography yet
User is currently offline
on Wednesday, 04 June 2014
in Workers' Compensation

2014 marks the 100th anniversary of the enactment of New York’s Workers’ (then Workmens’) Compensation Law.

The horrific Triangle Shirtwaist Factory fire moved New York’s legislature and Governor to enact the first in the nation workers’ compensation statute in 1911 after 146 employees died due to poor employer practices and unsafe working conditions. The law represented a historic tradeoff between workers and employers, whereby workers were assured of prompt wage replacement and medical treatment coverage in connection with workplace injuries regardless of fault, and employers were shielded from lawsuits that may require them to pay large amounts for pain, suffering, wrongful deaths and other causes of action.

The 1911 law was struck down by New York’s Court of Appeals which found that the statute violated New York’s constitutional protection of employer’s due process rights. It took an amendment to New York’s constitution before the workers’ compensation statute could be reenacted in 1914. Over its contentious 100-year history, the New York Workers’ Compensation Law and the workers’ compensation system have seen many dramatic changes, but they have assured compensation for millions of injured workers and their families while at the same time protecting New York employers from ruinous lawsuits.

Reforms Under the Business Relief Act

In 2013 Governor Andrew Cuomo supported the enactment of a number of reforms to the workers’ compensation system, apparently to cut costs for employers and carriers, without decreasing benefits to claimants. To do so the Governor successfully bypassed the usual process for legislative change to the law by including the proposed reforms in the New York State 2013/2014 Budget, which was due to be enacted by April 1, 2013. The reforms, enacted March 29, 2013, are contained in that part of the budget bill referred to as the Business Relief Act.

The Business Relief Act made many changes, including raising the minimum weekly compensation rate to the lesser of $150.00 or the claimant’s actual average weekly wage for injuries occurring on or after May 1, 2013, an increase from the $100.00 per week minimum enacted in 2007. Based on the 2007 indexing of the maximum compensation rate to the state average weekly wage, the maximum rate for accidents occurring on or after 7/1/2013 was raised to $803.21, more than double the maximum rate in 2007.

Worker's Compensation is an intricate and complex field of law. If you have been injured while working, contact an experienced worker’s compensation attorney today. A skilled attorney can afford you the representation you deserve and ensure your legal rights are protected. 

 

 

New York Workers Compensation Attorneys

 

Hits: 440 0 Comments
0 votes

Applications for Disability Retirement

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 19 May 2014
in Disability Pensions

Applications for disability retirement are receiving an increased level of scrutiny from the NYS State retirement system. They are being meticulously reviewed to find any technical flaw that could allow the Comptroller’s Office to deny the application. Recently an officer, approved for accidental disability retirement and removed from the employer’s payroll, had his award rescinded. The State claimed a routine audit revealed the officer failed to give timely written notice to the employer stating that an accident had taken place.  The law states:


  (a)   No such application shall be approved, unless the member or some other person on his behalf shall have filed written notice in the office of the comptroller within ninety days after the occurrence which is the basis for the disability incurred in the performance of duty, setting forth:

       1. The time, date and place of such occurrence, and

       2. The particulars thereof, and

       3. The nature and extent of the member's injuries, and

       4. The alleged disability.

(b) The notice herein required need not be given:

       1.  If notice of such occurrence shall be filed in accordance with the provisions of the workers' compensation law of any state within which participating       employer shall have its employees located or performing functions and duties within the normal scope of their employment, NYCLS Retire&SS § 363-c.

The NYS Workers’ Compensation Law states: notice of an injury or death for which compensation is payable under this chapter shall be given to the employer within thirty days after the accident causing such injury, and also in case of the death of the employee resulting from such injury, within thirty days after such death. Such notice may be given by any person claiming to be entitled to compensation, or by someone on his behalf. The notice shall be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of the injury, and be signed by him or by a person on his behalf, NYCLS WorkComp § 18.

Injured officers do not routinely notify the comptroller’s office after an injury takes place. All members of the Police Conference are covered by the NYS Workers’ Compensation Law. Most departments have injured employee paperwork that is completed when the officer is injured. The case law is very clear that the burden is on the injured officer to prove written notice was given within 30 days of the accident to the employer. A mistake or misinterpretation of the law by the officer or the employer will not excuse this requirement. If, for some reason, written notice was not submitted to the employer within 30 days, notice should be submitted with proof of submittal to the NYS Comptroller’s office within 90 days.

My office was able to reverse the rescission of the aforementioned officer’s disability pension by proving that written notice was given to the employer on a timely basis, arguing that the “line-of-duty” paperwork filled out by the officer could be used as evidence of written notice of his injury.

Obviously, to prevent any question of timely filing of paperwork, it is always better to consult an attorney as soon as possible after a line-of-duty injury occurs, preferably within the 30 day time period. When an officer is injured they should not leave things to chance. It is common for an injury to be sustained many years before the physical need to retire arises. I personally have handled cases where the injury was sustained more than 20 years before the officer actually retired. What seems today to be minor injury can turn out to be quite severe many years later.



Speak with an attorney who specializes in these matters immediately. The only cost is your time, the consultation is free.

Hits: 401 0 Comments
0 votes

Availability of Seaman’s Rights to Marine Unit Personnel

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Thursday, 01 May 2014
in Workers' Compensation


Police officers assigned to the Marine Unit are entitled to NYS Workers Compensation benefits as are all employees of Police Departments in Suffolk County. However those who are assigned to a vessel may elect to pursue a civil lawsuit under maritime law. The US Supreme Court in
McDermott International v. Wilander 498 U.S. 337 (1991) defined a “seaman” as a worker who has an employment related connection to a vessel in navigation and who also contributes to the function of the vessel or to the accomplishment of its mission. This broad definition means that “seaman status” is not limited to sailors on the high seas who crew commercial cargo vessels, but is sufficiently broad to include harbor workers of various types working on vessels of various descriptions, including employees assigned to vessels of a Police Marine Unit.

 

A person who qualifies for seaman status is afforded three important rights:

1) The right to sue the Municipality under a Federal Statute known as the “Jones Act” for all injuries caused by negligence

2) The right to sue the Municipality for all injuries caused by the “Seaworthiness” of the vessel

3) The right to sue for “Maintenance and Cure”

 

Monetary damages recovered under the “Jones Act” and Seaworthiness include economic losses consisting of past and future loss of wages, fringe and pension losses, and past and future pain and suffering. Compensation afforded under Seaman’s Rights typically exceeds those provided under Workers Compensation. To determine which route is most beneficial to you and to determine if you qualify for seaman’s status, a consultation with a “Proctor in Admiralty” – which is an attorney who specializes in Admiralty and Maritime Law, is highly recommended.

 

A decision to accept traditional Worker’s Compensation Benefits can be considered an election of remedies. If an Officer is injured at work, and the assignment was in any way related to the activities of a Marine Bureau Vessel all options should be explored. Find out what your options are immediately. 

Tags: Untagged
Hits: 435 0 Comments
0 votes

The Retirement System’s New Stance On Cervical and Lumbar Fusion Surgery

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 14 April 2014
in Disability Pensions

 

 

By: Sean Patrick Riordan, Esq.  

The New York State Retirement System has recently, and radically, changed its disability program and this change comes at the expense of its members. Based on an internal Medical Board decision, the Retirement System can now require a member to undergo a single-level cervical or lumbar fusion surgery prior to being approved for a disability pension. This position can and will have a major impact on disability applicants moving forward.

For many years, the Retirement System, confirmed by the state’s highest courts, has required members applying for disability retirement to undergo “reasonably safe” medical procedures which can restore them to full duty. Traditionally, this standard applied to areas of the body such as knees, shoulders, hands, etc. Frankly, this standard was never previously considered unreasonable by members or their attorneys. If a relatively routine and safe surgery, which could remedy a member’s condition, existed, the member was expected to have the surgery and proceed back to work if post-operative care went well.

Until last year, the Retirement System did not consider cervical or lumbar fusions to be “reasonably safe” procedures and, therefore, members applying for disability benefits did not have to fear being denied by the Retirement System because they did not want to undergo these highly invasive procedures. Unfortunately, this has been officially changed.

Following the Retirement System’s decision to consider spinal fusion surgery to be “reasonably safe” procedures, I, along with three other respected disability attorneys, petitioned the Retirement System to re-visit and reconsider its decision. While the System did re-visit the issue, it has remained steadfast in its determination.

We must now litigate this matter on a case-by-case basis before the courts over the next several months and determine whether the judges agree with the Retirement System. However, if you suffer from a cervical and/or lumbar spine impairment, your doctor has recommended or discussed spinal fusion surgery with you and you do not wish to undergo such surgery, you should consider the following:

  • Have your doctor clearly document the risks associated with the surgery and that your physician has discussed these risks with you.

  • Clearly document the risk factors you have considered in making your decision not to undergo the surgical procedure.

  • If you are not a surgical candidate, this should be clearly documented in your treating physician’s notes. (This can include any medical condition which precludes surgery).

  • If you have an adverse personal experience with surgery, this should also be documented at the time of your application for disability retirement benefits. (Did you have a negative physical reaction during a prior surgery? Did your close friend or family member have a fusion surgery with an adverse outcome?)

  • If there is an extraneous reason you do not wish to undergo fusion surgery, this should also be documented (single parent, sole caregiver to children and do not wish to face the risks of surgery)

While we may not like the Retirement System’s stance on the spinal fusion issue, we must start to deal with it and protect our members. In that vein, just because the Retirement System “generally” considers single-level spinal fusion surgery to be reasonably safe, that does not mean that it is specifically safe for you. Nor does it mean that you are necessarily “unreasonable” in refusing such a surgery. Documenting why you would refuse the surgery is now paramount.

As always, if you have any questions, issues or concerns, please do not hesitate to contact me directly at (631) 240-0811, This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at the number listed below. 



Hits: 1219 0 Comments
0 votes

RFL Interview: Sean Patrick Riordan of Fealgood Foundation

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 17 March 2014
in News

Tags: Untagged
Hits: 492 0 Comments
0 votes

Pronto of LI, People helping People

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Friday, 07 February 2014
in Philanthropy
Dear Sherman, Federman, Sambur & McIntyre,

On behalf of the Board of Directors, Staff and Volunteers of Pronto of Long Island, Inc., we would like to thank you for your generous support of our community outreach center. Because of you, we were able to serve over 65,000 Long Islanders in need.

Thank you for supporting our mission to feed, clothe and serve the needy in our neighboring communities.

Thank you again for your kindness.

Sincerely,
Kelly Ann McLoughlin-Fisher
Executive Director
Tags: Untagged
Hits: 619 0 Comments
0 votes

Pronto of Long Island Inc. - People Helping People

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Friday, 16 August 2013
in Philanthropy
Dear Sherman, Federman, Sambur, & McIntyre, LLP,

On behalf of the Board of Directors, Staff, and Volunteers of Pronto of Long Island Inc., we would like to thank you for your generous support of our community outreach center. Because of you, we were able to serve over 65,000 Long Islanders in need.

Thank you again for supporting our mission to feed, clothe, and serve the needy in our neighboring communities.

Thank you again for your kindness.

Sincerely Yours,

Belinda Alvarez-Groneman

President

Tags: Untagged
Hits: 973 0 Comments
0 votes

2012 CORRECTION OFFICERS’ ¾’s YEAR IN REVIEW

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Friday, 26 October 2012
in Workers' Compensation

By: Sean Patrick Riordan, Esq.

    This year has been a particularly slow year for Appellate Division cases involving Correction Officers’ ¾’s benefits. No ground breaking changes in the law, either good or bad, have occurred in 2012. But, there are a few important cases that should remind officers of some of the very basic points we preach each time we visit a prison, jail or union meeting. Below are a few examples of cases and their important findings:

-    Stimmer v. DiNapoli – in this case the Correction Officer testified that he had been injured as he was escorting inmates “up a flight of stairs when the lights went out in the stairway and one of the inmates intentionally stuck out her leg and tripped him” causing him to become permanently disabled from Correction Officer work.

Clearly, the above should be a 3/4’s fact pattern. However, the Retirement System denied the claim and the Court upheld the denial. Why you ask? Because the officer failed to put the exact facts of his injury in the Injured Employee Report that he filed at the time of his injury. The Court specifically notes that the Correction Officer “did not include any reference to being tripped by an inmate in either the incident report prepared the day of his fall or his application for benefits.” The CO then testified that he failed to include the necessary information on his Injured Employee Report because he was “rushed to complete the paperwork prior to being sent for medical attention.”

Morale of the story, CO’s must be clear how the inmate caused their injury in the initial, contemporaneous paperwork following a work accident. DO NOT BE RUSHED INTO SUBMITTING INCOMPLETE INITIAL PAPERWORK as it may mean the difference between a 33% disability pension and a 75% disability pension. Secondary lesson, CO’s should seek counsel prior to submitting an application for ¾’s to ensure that the wording on their application is sufficient to meet their legal burden.
 
-    White v. DiNapoli – following in line with the important Kaler decision from last year, the Court has made clear once again that injuries that are caused by negligently performed routine chores by inmates will not be granted ¾’s benefits. In White the CO was supervising inmates as they stripped wax off a dirty floor. As the CO turned to inspect a sink which had just been cleaned by inmates, he slipped on the “slippery stripping chemicals” and tore his rotator cuff trying to keep his balance. The Court held that there was no “direct inmate interaction” which caused the CO’s injuries and therefore White was not entitled to a ¾’s benefit. The Court reiterated its stance that the ¾’s bill is meant to protect CO’s from the inherent dangers of the position, not to protect them against routine inmate chores, even when improperly performed.

Morale of this story is, if you believe that an inmate intentionally injures you, you must be clear from the outset that this is your interpretation of the occurrence. Having worked with Correction Officers for quite some time now I know that inmates can try and injure you in “tricky” ways; sometimes negligently performing even routine chores to disguise their intent. If you have solid rationale to believe you were intentionally harmed by an inmate action say so in the initial reports. Neither the Retirement System nor the Court will adopt your later developed feeling that the inmate hurt you on purpose.

Much like last year, the basic premise of the 2012 Correction Officers’ ¾’s Case Law Review is:

When you are injured take your time and properly fill out the Injured Employee paperwork, specifically describe how the inmate caused you to be injured and do not submit incomplete paperwork or allow others to fill it out for you. While I certainly understand that CO’s often have supervisors demanding that paperwork be done immediately, and often while you’re in extreme pain prior to having proper medical care, please remember that you also have rights and they should not be superseded for expedience. Failure to properly document your injury can needlessly cost you a ¾’s disability pension.

As always, if you need anything, please don’t hesitate to reach out at (212) 612-3198 or on my cell (646) 831-6229.

Have a great Holiday Season!

Tags: Untagged
Hits: 1448 0 Comments

Suffolk County Probation Office Association

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Friday, 28 September 2012
in Philanthropy

August 24, 2012


Dear Colleagues and Friends,

We would like to take this opportunity to thank you for supporting The Suffolk County Probation Officers Association 8th Annual Golfing Outing to benefit our scholarship fund. Due to your generosity, this year's event was a tremendous success.

On behalf of the Suffolk County Probation Officers Association ad the SCPOA membership, thank you again for your support.

Sincerely,

Linda Miller, SCPOA Golf Chairperson
Kelly Wright, SCPOA Golf Chairperson

Tags: Untagged
Hits: 1607 0 Comments

Ground Zero Cancer Victims Happy But Frustrated

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Wednesday, 12 September 2012
in News

By SYDNEY LUPKIN
Sept. 11, 2012

The World Trade Center Health Program will now provide treatment and compensation for first responders from 9/11 victims who were diagnosed with cancer after inhaling toxic dust at Ground Zero, program administrator Dr. John Howard announced Monday. But many first responders say they consider the expansion bittersweet.

Cancer had not previously been part of the James Zadroga 9/11 Health and Compensation Act, which set aside $4.3 billion to treat and otherwise compensate 9/11 victims. It included asthma, carpal tunnel syndrome and lower back pain, but not cancers because the cancer link to the dust cloud and debris that hung over lower Manhattan was unclear.

"They're only about ten years too late," said Jeffrey Stroehlein, who retired from the New York Fire Department in May 2011, two months after he was diagnosed with a type of brain cancer that affects the central nervous system. "I'm watching people die of these diseases, these ailments, as they go on and play ping pong," he said of government officials arguing over whether cancer should be included in Zadroga Act coverage.

Stroehlein began having headaches nearly ten years after he worked at Ground Zero, clearing debris with the rest of the first responders after the terrorist attack on September 11, 2001. He was diagnosed with cancer in March 2011, and underwent chemotherapy every other week for 14 weeks, followed by an intense 8-day round of chemo.

"It's kind of scary I was one of the lucky ones," he said.

Stroehlein said his highest cancer-related bill to date was more than $220,000, and he couldn't imagine what a first responder would do without good health coverage, which he was fortunate enough to have. But the Zadroga Act would not have been able to pay for his treatment because cancer wasn't covered.

Stroehlein's last four MRIs have shown no signs of the cancer, but he doesn't like to use the phrase "cancer-free."

"I'm just a piece of the puzzle, one of thousands of first responders," he said, adding that he thinks some people probably had to foreclose on their homes to pay for cancer treatment. "Who's going to get your house back? ... Most people don't have that money lying around."

Tom Neal, a now-retired New York Police Department detective, says he's lucky his wife convinced him to purchase a smart health care plan, which covered the doctors he needed to treat his cancer. "I may be the president of the house, but my wife is the CEO."

Neal worked on the first floor of police headquarters in downtown Manhattan on 9/11. He said he heard an early bulletin about the attack on the radio and was able see the first World Trade Center tower on fire from the back of the NYPD building. And then there was the dust cloud that included asbestos, lead, glass, metal and other toxins.

"People were coming back to the headquarters, and it was all throughout the building and on all the floors," he said of the dust.

Neal said NYPD headquarters' air conditioning and heating system vents weren't cleaned until 2005, so while he sat at his desk processing DNA to help identify victims, he was breathing in carcinogens for years. He began having sinus and breathing problems as early as 2002, and doctors found a tumor in 2010 between his eyes that grew into the frontal lobe of his brain.

 He said he'd had several previous injuries covered by Worker's Compensation, but he had to get cancer treatment under his own healthcare plan. He went to a World Trade Center Health Program center for an initial exam, but they said he couldn't get treatment because he had cancer. Instead, he had to battle with insurance companies and stress about bills and staying within his health insurance company's network.

"It's not about the money," Neal said. "It's about the agencies and the companies that should stand up for their employees and take care of them."

After several surgeries and treatments, he says he's doing "really well" but battling some side effects of radiation.

He said he's optimistic about the Zadroga Act Expansion, but also frustrated by the slow response because he thinks agencies -- not the individual doctors -- have been "discriminating" against those with certain illnesses.

He said he only personally knows one other officer who was diagnosed with cancer after the World Trade Center attack -- and that person sat at his old desk on the first floor and died of the same kind of cancer he had.

"Two people work in one special room in One Police Plaza got the rarest form of cancer," he said. "That can't be coincidental."

And doctors say it probably isn't.

Oladele Ogunseitan said the government's announcement -- the first acknowledgement linking the toxic dust to cancer -- wouldn't surprise his colleagues because asbestos was in the World Trade Center and is a known carcinogen. Ogunseitan chairs the Department of Population Health and Disease Prevention at the University of California, Irvine.

"The World Trade Center building was constructed at a time that asbestos was used in building materials," he said. "By some estimates, 400 tons of asbestos was used in the building, and asbestos-containing fire retardant was used up to the 64th floor of the building."

Ogunseitan attributed the government's lag time to litigation, and said assessing the chemical composition of airborne debris immediately could have led to cancer-preventative measures.

"Knowing sooner might have helped in people's planning to some extent," Ogunseitan said. "[It] would potentially increase life expectancy and delay disease."

Dr. Anthony Robbins, who co-edits the Journal of Public Health Policy, said a latent period between exposure and cancer development -- like what Stroehlein and Neal experienced -- is to be expected. Leukemia develops first, after about 10 years, and mesothelioma can take up to 40 years to appear.

Overall, about 40,000 Sept. 11 responders and survivors receive monitoring and 20,000 get treatment for their illnesses as part of the Zadroga Act's health program. The FealGood Foundation, founded by first responder John Feal, lists 341 9/11-related cancer deaths to date among first responders.

And as more cancer victims come forward, advocates say the value of the fund and the length of time it will be available must be expanded. Right now, it will only last through 2016.

"It means a great deal to men and women knowing they can go to treatment facilities and get medical care for free," said Sean Riordan of the FealGood Foundation. "It's a bittersweet victory because these men and women will have their cancers regarded as caused by the work they did at ground zero, but there is now a greater pool to share in the same pot."

Dr. Heather Hawthorn, a resident in the ABC News Medical Unit, contributed reporting.

Source: http://abcnews.go.com/Health/911-cancer-victims-zadroga-expansion-world-trade-center/story?id=17204834#.UFCzy1E_dl8

Tags: Untagged
Hits: 1555 0 Comments

NYComplaw.com - 50 Types Of Cancer To Be Covered Under Zadroga Act

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Tuesday, 11 September 2012
in News

Sherman, Federman, Sambur, & McIntyre, LLP's own Sean Riordan addresses the significance of Zadroga's success.

Tags: Untagged
Hits: 1389 0 Comments

Zadroga ruling on 9/11 responders expected to include cancer

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Monday, 10 September 2012
in News

Originally published: September 9, 2012 6:01 PM
Updated: September 9, 2012 10:04 PM
By RIDGELY OCHS  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Worry and wait.

Almost 11 years after 9/11, first responders, many still dealing with stubbornly persistent illnesses, say they worry their health will only get worse. Cancer is the fear that stalks them.

"It weighs very heavy," said Glen Klein, 54, of Centereach, a retired NYPD detective who worked more than 800 hours at the World Trade Center site in lower Manhattan. "When I wake up in the morning and I don't feel well, the first thing that goes through my mind is 'Oh, I got cancer.'"

Those who already have the disease fear they could leave their families with unpaid bills.

Dr. John Howard, director of the National Institute for Occupational Safety and Health, is expected soon to issue a final rule on which cancers will be covered under the James Zadroga 9/11 Health and Compensation Act, enacted January 2011.

In June, Howard issued a proposed rule expanding the list of illnesses associated with Ground Zero exposure to include about 50 cancers.

Sean Riordan, general counsel for the FealGood Foundation, a first-responders' advocacy group, said Sunday he had heard "all the cancers look good for addition, but nothing is final until NIOSH says it's final."

Under the Zadroga law, $2.8 billion was set aside to compensate people made ill by exposure to toxins at the site. Another $1.5 billion has been allocated over five years to fund the World Trade Center Health Program, which treats and monitors about 40,000 first responders.

How many first responders suffer from cancer is unclear. Last September, the first major cancer study of city firefighters who worked at Ground Zero after the Sept. 11, 2001, attacks found they were 19 percent more likely to have cancer than those who weren't there.

FealGood Foundation founder John Feal said his group has compiled an unofficial list of close to 400 responders with the disease. That number is likely to grow, given that cancer can take decades to develop and an estimated 40,000 people were exposed.

Ken George, 48, of North Babylon, who worked 12- to 16-hour days for months on the pile for the city highway department, said that when he went to a picnic for first responders on Long Island last year, there were five or six widows who had lost husbands to cancer.

"This year there were 10 to 15," he said. "I was like, 'Wow, how many are getting sick?' "

Manhattan attorney Michael Barasch said about 250 of the 5,000 first responders he represents have cancer.

"I'm trying to manage expectations and tell them that not every cancer will be found admissible," he said. "Common sense tells me that probably respiratory and blood cancers will be covered. But nobody can give out any awards until we know whether the cancers are admissible. And they've got to make sure there's enough money."

About 300 first responders have submitted eligibility forms to a special master of the fund for diseases other than cancer now covered under the law that are in the process of being reviewed, according to Allison Price, a spokeswoman for the U.S. Department of Justice. "We expect more people to file as the fund progresses -- it is hard to speculate, but thousands of additional claimants will most likely apply," she said.

Some are concerned the fund could be quickly bankrupt if all cancers are covered, although New York members of Congress have vowed they will fight for more money if it's needed.

For former city firefighter Jeff Stroehlein, 48, of Babylon, having all cancers covered is about the government doing what is right by the people who put their lives on the line.

In March 2011, Stroehlein was diagnosed with a rare lymphoma in his brain. He underwent months of chemotherapy and a bone marrow transplant last August. His last four MRIs have showed no sign of the cancer, he said.

"This isn't just for me," he said of the coverage. "This is for everybody else. First of all, I'm lucky enough to be talking to you. But what about the guy who could lose his house trying to pay his medical bills?"

Feal described a 47-year-old construction worker -- a nonsmoker -- who had worked on the pile and developed lung cancer. He had no health benefits, couldn't work, acquired a mountain of bills, lost his house and had to move in with family members.

"We need to remember that having cancer added [to Zadroga coverage] won't save anybody's life," he said. "It's not a magic pill. But it will ease the financial burden and that's the right thing to do."

Chris Baumann, 49, of Lindenhurst, a city police officer in the traffic division who worked at Ground Zero on 9/11, said he has had precancerous polyps in his colon and granulomas in his thyroid. "Things keep popping up," he said. "I'm always waiting for the big 'C' when I go to see the doctor."

Knowing cancer will be covered would give him a measure of peace.

"I'm not looking to get rich," he said. "I just want to live."

Source: http://www.newsday.com/911-anniversary/zadroga-ruling-on-9-11-responders-expected-to-include-cancer-1.3986230

Tags: Untagged
Hits: 1408 0 Comments

Justice Within Reach - The Worker Justice Center of New York, Inc.

Posted by Sherman Federman Sambur McIntyre
Sherman Federman Sambur McIntyre
Super User has not set their biography yet
User is currently offline
on Friday, 07 September 2012
in Philanthropy

August 21, 2012

Dear Sherman, Federman, Sambur, & McIntyre, LLP:

The Worker Justice Center of New York, Inc. ("WJCNY") would like to thank you for your generous contribution to our First Annual Fundraiser. WJCNY represents the merger of Farmworker Legal Services of New York and the Workers' Rights Law Center. Your donation helped make our event a success!

The creation of WJCNY builds on decades of providing quality legal services to agricultural and other low-wage workers and advocating for stronger worker protections. Our focus areas that include human trafficking, workplace safety, domestic violence, membership, litigation, and advocacy aim to ensure that worker communities have access to justice to vindicate their workplace rights are empowered to achieve institutional change.

Your donation will make a critical difference as the WJCNY continues to expand our work throughout the state. We are committed to putting your contribution to good use and we thank you again for your support.

Sincerely,

Milan Bhatt
Co-Executive Director

The Worker Justice Center of New York, Inc. is a non-profit, 501(c)(3) tax-exempt organization. No goods or services were received in exchange for this contribution.
Tags: Untagged
Hits: 1325 0 Comments
 

Additional Information Relative to Filing a Worker's Compensation Claim - English

Sherman, Federman, Sambur, & McInture, LLP is a Long Island, NY based workers’ compensation firm. We provide services to the greater New York area including but not limited to Brentwood, Garden City, Hempstead, Islip, Manhattan, Riverhead, essentially all of Long Island (Nassau and Suffolk county), Sysosset, Bay Shore, Hampton Bays, East Hampton, West Hampton, the North Fork, New Jersey, Connecticut, Pennsylvania, Massacheusetts the South Fork, Down Island, the North Shore, the South Shore, Mattituck, Jamesport, Cutchogue, Commack, Wyndanch, Longbeach, Queens, the Bronx, Brooklyn, etc. We cover all urban, suburban and rural areas alike (i.e., the entire Tristate area).

Services include workers accident, workers compensation, social security disability, and veterans disability. We have worked with and represent heart attack patients, herniated discs, those injured on the job, pertaining to occupational disease illness for bread winners, the elderly/old, exclusive remedy requires, death benefits, fraud, office related injury, posttraumatic stress syndrome, abogado, lesions, compensation, laborales, en mass, section 32, HEP C, hepatitis, permanent disability, pre-existing conditions, 3rd party injuries, neck injury, sue worthy, employer induced, 32 settlements, WCB permanent-partial, carpal tunnel, car crash, arthritis, CRPS, temporary partial, TPD, complex regional pain syndrome, etc.

We are the best law attorneys/work injury lawyers/SSI and SSD attorneys, located in New York City. We can provide a free consultation for your case. Simply fill out our NY state intake form. There is also a printable version available via that same new client intake form link.

Where can I file a workers comp, SSD (social security disability), veterans claim in New York? Please contact us to set up an appointment!

Please view our testimonials above via the top-most navigation menu. You may also view our frequently asked questions (FAQ) pertaining to your SSI/SSD/Worker's Comp claim.

Moreover, please contact us with any questions related to: withdrawal, workers comp forms relative to NY/NJ/CT, NY workers compensation laws, Suffolk County and Nassau County WC Laws, questions regarding doctors in Long Island who may be able to assist with your comp case, "When should I get an attorney for NYS WC case?", filing for benefits, repetitive motion, all WC related forms and, potential fees and awards for your case, questions related to the WC board, questions relative to changing your reward, average weekly wage, reopening a workman’s comp case, SSI Attorneys and assistance, questions regarding making/filing another application whilst you have a pending appeal, reopening post-decision cases, voluntary withdrawal from the workforce, "Who pays for workers comp?", judge(s), spine stimulators, how to begin your WC case with SFSM via www.nycomplaw.com, wages and wage estimates, claiming your rewards for a filed case and the respective guidelines to winning.

Regardless of the outcome, Sherman, Federman, Sambur, & McIntyre, LLP is here to help. And our success is driven by our combined passion to help you!

El pariente adicional de Información para Archivar una Pretensión de Indemnización Laboral - Espanol

Sherman, Federman, Sambur, y McInture, LLP es una Larga Isla, Nueva York basó a la firma de compensación por accidentes de trabajo. Le proveemos los servicios al mayor área de Nueva York incluyendo pero no limitado a Brentwood, la Ciudad Jardín, Hempstead, Islip, Manhattan, Fuente de Un Río, esencialmente todo Sysosset Bastante Isleño,, Costa Baya, Hampton Bays, Hampton del este, West Hampton, el North Fork, Nueva Jersey, Connecticut, Pensilvania, Massacheusetts lo Al Sur Tenedor, la Isla Caída, el North Shore, lo Al Sur Costa, Mattituck, Jamesport, Cutchogue, Commack, Wyndanch, Longbeach, las Reinas, el Bronx, Brooklyn, etcétera (Nassau y condado Suffolk). Cubrimos todas áreas urbanas, suburbanas y rurales por igual (i.e., el área entero Tristate).

Los servicios incluyen accidente de trabajadores, compensación de trabajadores, incapacidad de seguro social, e incapacidad de veteranos. Hemos trabajado con y representamos a los pacientes de ataque al corazón, los discos herniados, esos heridos en el trabajo, relacionado con la enfermedad de enfermedad profesional para ganadores de pan, las personas de edad/viejas, el recurso exclusivo requiere, beneficios por muerte, fraude, la oficina relató lesión, síndrome postraumático de estrés, abogado, lesiones, compensación, laborales, masa en, sección 32, HEP C, la hepatitis, la incapacidad perpetua, condiciones preexistentes, lesiones 3 de fiesta, la lesión del cuello, entable demanda digno, el empleador inducido, 32 acuerdos, WCB parcial en la permanente, el túnel del carpo, el accidente automovilístico, la artritis, CRPS, el empleado eventual parcial, TPD, complique síndrome regional de dolor, etcétera.

Somos los abogados de ley de mejor abogado /trabajo de la lesión del abogado /Ingreso Suplementario de Seguridad y SSD, localizado en la ciudad de Nueva York. Podemos proveer una consulta libre para su caso. Simplemente llene nuestra forma de la toma del estado de Nueva York. Hay también una versión imprimible disponible por ese mismo nuevo enlace de la forma de la toma del cliente.

¿Dónde puedo reportar a unos trabajadores comp, SSD (la incapacidad de seguro social), pretensión de veteranos en Nueva York? Aquí mismo en Sherman, Federman.

Por favor mire nuestros testimonios arriba por el menú que se sobrepasa más de navegación. Usted también puede mirar nuestras preguntas preguntadas (el archivo de preguntas frecuentes) frecuentemente relacionado con su la pretensión Comp DE SSI/SSD/Worker.

Además, por favor contáctenos con cualquier preguntas con las que se relacionó: El retiro, ¿ las formas del comp de trabajadores referente a NY?, Solicitando beneficios, moción repetitiva, todo WC formas relacionadas y, premios y retribuciones potenciales para su caso, las preguntas se relacionaron con el pizarrón WC, preguntas referente a cambiar su recompensa, salario medio semanal, reabriendo un trabajador Abogados comp de caso, de Ingreso Suplementario de Seguridad y la asistencia, tiene objeciones acerca de referente a la confección /limadura otra aplicación aun mientras usted tiene una súplica pendiente, reabriendo casos de postdecisión, retiro voluntario de la población en edad laboral, ¿ "quien paga para trabajadores comp"?, El juez (s), los estimuladores de la columna vertebral, cómo empezar su caso WC con SFSM por medio de www.nycomplaw.com, sueldo y salario estima, pidiendo sus recompensas como demanda por un caso archivado y el respectivo conjunto de directrices a ganar.

Sin tener en cuenta el resultado, Sherman, Federman, Sambur, y McIntyre, LLP es aquí para ayudar. ¡Y nuestro éxito es conducido por nuestra pasión combinada para ayudarle!