Monday, March 14, 2011

Privacy

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Conference- The Triangle Shirtwaist Fire and its Legacy: Out of the Smoke and the Flame

The Triangle Shirtwaist Fire and its Legacy
March 24, 2011; 9 a.m. — 6:30 p.m.
CUNY Graduate Center, 365 Fifth Avenue, New York, NY, 10016
Registration is Free and Open to the Public

Program Click here for a printable PDF version9 – 9:15 a.m. Musical performance from the dramatic oratorio From the Fire

Kris Kukul, pianist Matt Carr Emily Mattheson
Shaunice Alexander Carrie Crow Alicia Olatuja
Catherine Brookman Roe Hartrampf Aaron Schroeder

Music by Elizabeth Swados, www.trianglefromthefire.com

9:15 – 9:25 a.m. Welcome

William Kelly, President, Graduate School & University Center, CUNY
Gregory Mantsios, Executive Director, The Murphy Institute, CUNY
Christine Quinn, Speaker, New York City Council

9:25 – 10:45 a.m. Plenary: The Political Significance and Present Day Legacy of the Triangle Fire

Moderated by Paula Finn, New Labor Forum, The Murphy Institute, CUNY

The Triangle Fire in its Historical Context
Steve Fraser, New Labor Forum, The Murphy Institute, CUNY

From Fire to Ashes: The Changed Contemporary Political Landscape
Frances Fox Piven, Graduate Center, CUNY

The Unfinished Business of Triangle Protest: Challenges and Possibilities Confronting Labor Today
Sarita Gupta, National Executive Director, Jobs with Justice

11 a.m. – 12:30 p.m. Concurrent Panels

Global Perspectives on Sweatshops (LAWCHA)
Beth English, Princeton University; Mary Frederickson, Miami University; Judy Gearhart,* International Labor Rights Forum; Robert Ross, Clark University

Why No Fire This Time? Acquiescence and Resistance in Politics Today
Liza Featherstone, Journalist; Steve Fraser,* New Labor Forum, Murphy Institute, CUNY; Gerry Hudson, Executive Vice President, SEIU; Stephen Pimpare, NYU

Memorializing the Past: Using Memorials and Monuments to Teach NY History
Wendy Aibel-Weiss, Director of Exhibits and Education, Tribute WTC Visitors Center; Julie Maurer,* The Gotham Center for NYC History, Graduate Center, CUNY; Christopher Moore, Historian; Ruth Sergel, Artist; Brian Tolle, Artist; Suzanne Wasserman,* The Gotham Center for NYC History, Graduate Center, CUNY; Maribeth Whitehouse, Teacher, I.S. 190, Bronx, NY

Labor and Immigration Politics: Past and Present
Muzaffar Chishti, Migration Policy Institute, NYU; Janice Fine, Rutgers University; Ruth Milkman,*Graduate Center, The Murphy Institute, CUNY; Mae Ngai, Columbia University

Labor Standards and the State
Melvyn Dubofsky, SUNY Binghamton; Terri Gerstein, Deputy Commissioner of Labor for Wage Protection and Immigrant Services, NYS Department of Labor; Rory Lancman, NY State Assemblyman and Chair of the Subcommittee on Workplace Safety; Ed Ott,* The Murphy Institute, CUNY

Grassroots Organizing for Workers’ Health and Safety Today
Luzdary Giraldo,* New York Committee for Occupational Safety and Health; Barbara Rahke, Philadelphia Area Project on Occupational Safety and Health; Richard Witt, Rural and Migrant Ministry

Art and Working-Class Movements
Esther Cohen, Artist, Cultural Organizer; Ellen Todd,* George Mason University; Clyde Valentin, Hip Hop Theater Festival

Combating Domestic Sweatshops, a Roundtable (LAWCHA)
Eileen Boris,* University of California, Santa Barbara; Narbada Chhetri, Senior Community Organizer, Adhikaar for Human Rights and Social Justice, NYC; Jocelyn Gill-Campbell, Domestic Workers United;Premilla Nadasen, Queens College, CUNY

12:30 – 1:30 p.m. Lunch Break

1:30 – 2:45 p.m. Plenary: The Global Sweatshop

Moderated by Ruth Milkman, Graduate Center, The Murphy Institute, CUNY

The Economic Role of the Global Sweatshop
Saskia Sassen, Columbia University & London School of Economics

Workers’ Resistance in the Chinese Sweatshop
Ching Kwan Lee, University of California Los Angeles

Protecting Workers’ Rights in the Global Economy
Jennifer Gordon, Fordham University School of Law

Worker Protest Today in Bangladesh
Kalpona Akter, Secretary General & Executive Director of the Bangladesh Center for Worker Solidarity

3 – 4:30 p.m. Concurrent Panels

Garment Unionism and the Garment Industry: From Triangle to Today
May Chen,* former Vice-President Workers United, currently The Murphy Institute, CUNY; Richard Greenwald, Drew University; Katie Quan, former organizer for ILGWU, currently UC Berkeley; Andrew Ross, NYU

Teaching the Triangle Fire: A Conversation (LAWCHA)
Hillary Broder, Kennedy High School, Bellmore-Merrick, N.Y.; Carmelina Cartei, Women and Gender Studies Program at Hunter College, CUNY; Tara Finneran, Bronx Arts Ensemble Teaching Artist; Rob Linné,* Adelphi University; Sharon Papp, Adelphi University; Kimberly Schiller, Huntington Public Schools, N.Y.

Child Labor: Then and Now (LAWCHA)
Sally Greenberg, National Consumers League; Hugh D. Hindman, Appalachian State University; Kriste Lindenmeyer, University of Maryland Baltimore County; Laura Lovett,*University of Massachusetts

Global Sweatshops and International Solidarity: The Case of Bangladesh
Babul Akhter, Secretary of the Bangladesh Garments and Industrial Workers Federation; Mitch Cahn,President of Unionware; Bjorn Claeson, Sweatfree Communities, International Labor Rights Forum; Mark Levinson,* Workers United, SEIU

Feminism, Low-Wage Workers, and Organized Labor
Ileen DeVault,* School of Industrial and Labor Relations, Cornell University; Susan Feiner, Francis Perkins Center & University of Southern Maine; Annelise Orleck, Dartmouth College

OSHA at 40: From Triangle to Today
Eric Frumin,* Change To Win; Gerald Markowitz, Graduate Center, CUNY; David Michaels, Assistant Secretary of Labor, Occupational Safety and Health Administration; Peg Seminario, AFL-CIO

The Legacy of Triangle and Youth Labor Organizing in the US
Laura Binger, Food AND Medicine; Theresa Cheng, United Students Against Sweatshops; Jennifer Polish, STAND, Queens College, CUNY; Andres Puerta,* American Federation of Television and Radio Artists

Could Triangle Happen Today?
Peter Amato, Safety Consultant and former president of the NY chapter of American Society of Safety Engineers; Matt Connor, NYFD and The Murphy Institute, CUNY; Robert Solomon, National Fire Protection Association

4:45 – 6:30 p.m. Closing Plenary: The Contemporary Legacy of the Triangle FireModerated by Joshua Freeman, Graduate Center, The Murphy Institute, CUNY

What is the Triangle Legacy?
Alice Kessler-Harris, Columbia University

From the Triangle Fire to the BP Explosion: Protecting Workers Today
David Michaels, Assistant Secretary of Labor for OSHA

Organized Labor and the Challenges of the Twenty-First Century
Bruce Raynor, President, Workers United, SEIU

* Panel Chairperson
7 – 8:30 p.m. Gotham Center for NY History Plenary Discussion
(Separate Free Registration Required)

Rich Greenwald, Drew University
Annelise Orleck, Dartmouth College
Ellen Todd, George Mason University
Jennifer Guglielmo, Smith College
David Von Drehle (Author)
Ruth Sergel (Artist, Organizer, Remember The Fire Coalition)

To Follow: Book signing of Arcadia Press’ The New York City Triangle Factory Fire

Saturday, March 12, 2011

Daylight Savings TIme Switch May be Hazardous to Your Health

Time change at the end of Daylight Saving TimeImage via Wikipedia

The semi-annual tradition of changing the clock an hour ahead and an hour back has been reported to result in a high incident of work-related illness. A study in the New England Journal of Medicine reports, "More than 1.5 billion men and women are exposed to the transitions involved in daylight saving time: turning clocks forward by an hour in the spring and backward by an hour in the autumn. These transitions can disrupt chronobiologic rhythms and influence the duration and quality of sleep, and the effect lasts for several days after the shifts." This may result in an increase of work-related accidents in the days following the time adjustment.

Thursday, March 10, 2011

NIOSH Seeks Information About World Trade Center Cancer Claims

September 11, 2001 attacks in New York City: V...Image via Wikipedia

The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347). 

In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program.
The WTC Program Administrator is requesting information on the following:
  • (1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer; 
  • (2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud on 9/11/01; and 
  • (3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions. 

DATES: Comments must be received by March 31, 2011. ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods: 
  • Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. 
  • Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH-227 will close on March 31, 2011. 
All comments received will be available on the NIOSH Docket Web page at http:// www.cdc.gov/niosh/docket by April 30, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Another Hernia Patch Recall by FDA

FdaImage via WikipediaThe US Food and Drug Administration (FDA) issued another hernia and abdominal patch recall. The FDA on March 4, 2011 issued a Class 1 Recall Notice for Davol's XenMatric Surgical Graft.

The FDA indicated that the recall was issued because “Testing cannot confirm that all units of XenMatrix Surgical Graft are within FDA requirements for endotoxin levels. Several lots have been found to have elevated endotoxin levels. Endotoxins (pyrogens) are substances found in certain bacteria that, at elevated levels, can cause serious illness which can be fatal.”

This product was manufactured from June 1, 2010 through October 31, 2010 and distributed from July 1, 1010 through October 31, 2010. For more information, please see the FDA’s safety alert.

Litigation is pending against Davol, Inc. is pending in both federal and state court on behalf of patients who suffered serious injuries or complications related to the company’s Composix® Kugel® Mesh hernia repair patch.

Brazilian Blowout Abandons Suits Against Oregon OSHA for Formaldehyde Findings

A company that makes a hair straightening product, Brazilian Blowout, has dropped a lawsuit that it had filed against Oregon OSHA (Occupational Safety and Health Administration) challeging the agency's findings that the product contained formaldehyde, a known carcinogen.

OSHA had tested 105 samples of the air product from 54 hair salons and reported significant formaldehyde findings. The lawsuit, filed by the company, alleged that the testing was incorrect.

The report had concluded, "Oregon OSHA and CROET have concluded that there are meaningful risks to salon workers  when they are confronted with these hair smoothing products. Effective control of those risks depends upon accurate information regarding the potential hazards and the control measures  available, which in turn begins with an accurate understanding of the ingredients and the potential harm they may cause."

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Tuesday, March 8, 2011

Supreme Court Decided Not to Decide Illegal Alien Issue

The US Supreme Court has determined that States should be left to decided whether illegal aliens should be barred from collecting workers' compensation benefits.


A report in Insurance Journal provides further insight:
"The U.S. Supreme Court recently declined to hear a workers’ compensation insurance case that concerned an illegal immigrant in Louisiana who had sought coverage after a workplace accident. The Court’s refusal to consider the case means states are left to decide the issue of whether workers who entered the United States illegally may benefit from workers’ compensation coverage."
No. 10-841
Title:
Vaughan Roofing & Sheet Metal, LLC, Petitioner
v.
Antonio Garcia Rodriguez
Docketed:December 28, 2010
Lower Ct:Court of Appeal of Louisiana, Third Circuit
  Case Nos.:(09-1537, 09-1538, 09-1539)
  Decision Date:May 5, 2010
Discretionary Court  
  Decision Date:September 24, 2010

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 23 2010Petition for a writ of certiorari filed. (Response due January 27, 2011)
Jan 26 2011Brief of respondent Antonio Garcia Rodriguez in opposition filed.
Feb 9 2011DISTRIBUTED for Conference of February 25, 2011.
Feb 16 2011Reply of petitioner Vaughan Roofing & Sheet Metal, LLC filed. (Distributed)
Feb 28 2011Petition DENIED.

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Monday, March 7, 2011

Maryland Awards Washington Redskins Football Player Benefits

Washington Redskins game at FedExField, Landov...Image via Wikipedia

 A Maryland Court of Appeals has awarded workers' compensation benefits to Tom Tupa, a Washington Redskins football payer. He was injured while warming-up for a football game to be played at FedEx Field in Landover, Maryland.

The Court held, "Considering the stipulated facts, we find that Tupa’s employment in Maryland was regular and not intermittent or temporary. Tupa was hired in Virginia, but the purpose of his employment was to play in professional football games at FedEx Field in Maryland and at various other stadiums around the country. We recognize that Tupa likely spends more time at the practice facility in Virginia than he spends playing in games at FedEx Field or elsewhere. As Hodgson suggests, however, the inquiry requires more than simply tallying up the quantity of time the employee spends in each jurisdiction. Here, it is clear that the purpose of Tupa’s employment was to play in games, not to practice. All of Tupa’s time in Virginia, whether practicing or attending team meetings, was geared towards improving his performance at the games. By way of contrast, a player signed to the practice squad would work entirely in Virginia because the purpose of a squad member's contract is to practice in Virginia."
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Washington Workers' Compensation Reform

The State of Washington is in the process of taking drastic action to reform its workers' compensation system as it faces potential insolvency within the next 5 years. A package of bills is advancing that would limit periodic benefits for older workers, restrict medical treatment and reduce costs of the ailing system.

The reform comes on heals of a bitter and contested failed ballot referendum last fall that would have privatized workers' compensation coverage. While the referendum did not succeed, legislators claim that a massive deficit is threatening the solvency of the entire system and that it needs to become much more restrictive in providing benefits.

Saturday, March 5, 2011

Vermont Universal Health Care to Embrace Workers Compensation

A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation claims.

The legislation " proposes to set forth a strategic plan for creating a single payer and unified health system. It would establish a board …. ; establish a health benefit exchange for Vermont as required under federal health care reform laws; create a public-private single payer health care system to provide coverage for all Vermonters after receipt of federal waivers.”

The plan proposes covering all workers' compensation claims:

"(3) To the extent allowable under federal law, the Vermont health benefit exchange may offer health benefits to employees for injuries arising out of or in the course of employment in lieu of medical benefits provided pursuant to chapter 9 of Title 21 (workers’ compensation)."
"(c) If the Vermont health benefit exchange is required by the secretary of the U.S. Department of Health and Human Services to contract with more than one health insurer, the Vermont health benefit exchange shall determine the appropriate method to provide a unified, simplified claims administration, benefit management, and billing system for any health insurer offering a qualified health benefit plan. The Vermont health benefit exchange may offer this service to other health insurers, workers’ compensation insurers, employers, or other entities in order to simplify administrative requirements for health benefits."

Nationally, advocates to improve the delivery of medical benefits to injured workers have urged federalization of the medical delivery system into a single payer approach through universal health care. The proposed Vermont single payer system is a unified state approach to the co-ordinated delivery of medical care.

Friday, March 4, 2011

Asbestos Awareness Conference To Focus on Public Health, Environment and The Economy

The Asbestos Disease Awareness Organization (ADAO), the largest U.S. organization serving as the voice of asbestos victims, presents its 7th Annual Asbestos Awareness Conference, Asbestos: Impact on Public Heath, Environment, and the Economy. The event will be held April 1 - 3, 2011, at the Atlanta Marriott Buckhead Hotel & Conference Center. This conference is made possible with the support of the Barbara Ann Karmanos Cancer Institute. Presentations will include occupational and non-occupational exposure issues, detection and treatment advances, environmental and economic impact, national and global policy. 

The international conference brings together experts from around the globe to collaborate and enhance efforts to completely ban asbestos. Attendees will hear about the most advanced medical, occupational and environmental information to prevent home, school and work asbestos exposure; as well as disease prevention and treatment. 

The conference will also quantify the economic impact of asbestos exposure to individuals, business and the government. Speakers will represent the United States, Canada, Mexico, Brazil, Japan, and Germany. The ADAO international conference is made possible with the support and collaborative efforts of the Barbara Ann Karmanos Cancer Institute in Detroit. Registration includes continental breakfast and lunch. 

Linda Reinstein, President/CEO and Co-Founder of the Asbestos Disease Awareness Organization, knows first hand the pain that can result from asbestos exposure after loosing her husband in 2006 to mesothelioma, a leading asbestos caused cancer. “ADAO is dedicated to the three core principles – education, advocacy, and community – as reaffirmed by this year’s powerful conference,” stated Reinstein. “This year’s event brings together some of the world’s most important voices, including leading professionals from different fields who play a pivotal role in globally uniting efforts to end asbestos disease. We welcome them and thank our many generous sponsors who are helping to make this event possible. There is indeed power in knowledge.” 

According to Michael Harbut M.D., MPH, FCCP, of the Barbara Ann Karmanos Cancer Institute, “The ADAO conference is one of the best educational and awareness opportunities for physicians, public health representatives, caregivers and other advocates. We all have an opportunity to make an impact on preventing asbestos-related diseases. Whether you’re a medical professional or someone who deeply cares about the health of your loved ones, this conference offers an important network for everyone.” 

The weekend will provide information and inspiration for those impacted by asbestos-related disease as well as others who advocate for safe environments. 

The conference also will recognize US Senator Max Baucus, and others,  those who have demonstrated exceptional service to enhance asbestos awareness. The Unity and Remembrance Brunch on April 3 will honor and remember loved ones lost to asbestos exposure, as well as support others impacted by asbestos-related diseases.


Thursday, March 3, 2011

HBO To Air Special of Triangle Shirtwaist Fire

The HBO special, "Triangle: Remembering The Fire" will air on HBO starting, March 21, 2011 at 9pm. The documentary will commemorate the 100th anniversary of the fire where 146, mostly young immigrant women, were killed in the New York City garment district. The tragedy galvanized public opinion and sparked the birth of the modern labor movement which lead the way for safety regulations in the workplace.

Public Meeting Held On Zadroga Health Compensation Fund

A public hearing, sponsored by the National Institute for Occupational Safety and Health (NIOSH), was held Thursday in New York City concerning the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L 111-347). The purpose of the government sponsored meeting was to solicite comments on how to implement the Federal benefit program that was signed into law at the end of last year by President Obama.

Victims, their families and representatives were among the presenters at the day-long hearing. A major area of concern at the hearing was whether the program will cover cancer claims and claims for anxiety based diseases that resulted from the World Trade Center attack on September 11, 2001. The toxic cloud of dust and fumes that emanated from the site is of serious concern to medical professionals because of the known pulmonary irritants and carcinogens, including asbestos, that it contained and transported.

The law provides for additional benefits to those who worked near the site during the months following the disaster. Not only are first responders permitted to file for benefits, but the program provides coverage to those who were utility workers, who were involved in the restoration of services, ie. telephone and power, and it also includes those who were involved in the clean-up of the area and local residents.

Comments will accepted until 5:00pm EDT on April 29, 2011 and an implementation plan will be formalized by July, 2011. 

US Postal Service May Fail to Deliver Workers Compensation Benefits

A small United States Postal Service truck see...Image via Wikipedia
In testimony before the US House of Representatives yesterday it was disclosed that the US Postal Service may defaulting on its delivery of workers' compensation benefits. A $1.3 billion payment scheduled for November 2011 just can't be met under present financial plans.


Patrick R. Donahoe, US Postmaster General stated, "Even as we continue to fulfill our commitment to service, we must address one particular area of concern – our liquidity. I would like to discuss this in more detail, to provide a clear picture of our situation and to give some background, especially for the new committee members. Without changes in applicable laws, at the close of this fiscal year, in seven months, the Postal Service will be insolvent, as we will be unable to meet all of our financial obligations."

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Monday, February 28, 2011

The Triangle Fire Airs on PBS Feb 28, 2011

It was the deadliest workplace accident in New York City’s history. A dropped cigarette on the 8th floor of the Triangle Shirtwaist Factory sparked a fire that killed over a hundred innocent people trapped inside. The private industry of the American factory would never be the same.


Airs on American Experience on PBS Feb. 28, 2011 at 9:00pm on most PBS stations. Commemorating the workers' compensation centennial.

Saturday, February 26, 2011

Montana Targets Workers Compensation to Reduce Deficit Spending

The State of Montana has targeted its workers' compensation program in an effort to reduce its deficit spending. Montana has the some of the largest premium costs in the nation and the state ranks 47th in take home pay. Legislation now pending will reduce workers' compensation premiums by 45% allegedly.

Court Rules Social Security Offset Not Barred by Time

A NJ Court of Appeals has ruled that the reverse-offset permitted under Federal law was allowed to be asserted by an insurance carrier years after an original workers' compensation judgment was entered. Even though the employee pleaded that the insurance company had sat on its rights for years, and done nothing to assert the offset, the Court maintained that the insurance company was entitled to reclaim the benefits it had overpaid.

Since the information provided by parties to define the numerical offset was lacking, and the decision below lacked "specific reasons and analysis," the matter was remanded for further proceedings.

NJ is one of the states that elected to have the insurance company / employer take the offset under the options available in 1980. Most states allow Social Security to take the offset.

Gonzalez v Bristol-Meyers Squibb, 2011WL611722, Docket No. A-2187-09T3 (NJ App Div 2011)

Using the Forbidden Words-Texas Workers Compensation

The Texas Workers Compensation Agency has sent a cease-and-desist letter to to the author of the Texas Workers Compensation Law Blog requesting that he stop using the term(s), "Texas Workers Compensation" in his blog. The Lubbock, Texas workers compensation lawyer has filed a lawsuit in federal court alleging violation of his First Amendment rights have been violated.


The Texas Labor Code s 419.002 prohibits  “any impersonation, advertisement, solicitation, business name, business activity, document, product or service.” The Texas blog author, who has sought declaratory relief,  has alleged that the statute is overly broad and violates his Right to Free Speech. The blogger is certified in Workers' Compensation Law from the Texas Board of Legal Specialization.

Friday, February 25, 2011

Pulmonary Disease Linked to World Trade Center Disaster

September 11, 2001 attacks in New York City: V...Image via WikipediaA study, recently published, reveals that sarcoid like granulomatous pulmonary disease is present among the WTC responders. More than 20,000 responders have been examined through the World Trade Center (WTC) Medical Monitoring and Treatment Program since September 11, 2001. Studies on WTC firefighters have shown elevated rates of sarcoidosis. The main objective of this study was to report the incidence of “sarcoid like” granulomatous pulmonary disease in other WTC responders.

Cases of sarcoid like granulomatous pulmonary disease were identified by: patient self-report, physician report and ICD-9 codes. Each case was evaluated by three pulmonologists using the ACCESS criteria and only “definite” cases are reported.

Thirty-eight patients were classified as “definite” cases. Six-year incidence was 192/100,000. The peak annual incidence of 54 per 100,000 person-years occurred between 9/11/2003 and 9/11/2004. Incidence in black responders was nearly double that of white responders. Low FVC was the most common spirometric abnormality.


On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Thursday, February 24, 2011

Zadroga Health Fund: Utility Workers Suffer Increased Anxiety

A recent study reveals that utility workers who were deployed at the World Trade Center (WTC) disaster site on 9/11 have an increased level of post traumatic stress disorders (PTSD) and depression. The study may significantly increases the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and other harmed by the attacks of September 11th and its aftermath. 


The report concludes that, nonrescue workers deployed to a disaster site are at risk for PTSD and depression. Extent of exposure affected the most vulnerable workers differently than the least vulnerable ones. These results suggest that the relationship among predictors of PTSD may be different for different vulnerability groups, and underscore the importance of screening, education, and prevention programs for disaster workers. 


Recent attention has begun to be focused on the effects of disaster recovery work on nonrescue workers. The study assesses the prevalence and predictors of posttraumatic stress disorder (PTSD) and related symptoms in a population of utility workers deployed to the World Trade Center (WTC) site in the aftermath of 9/11.  Utility workers deployed to the WTC site were screened at their place of employment between 10 and 34 months following the WTC attacks, utilizing both structured interviews and self-report measures.


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 and T and other employees.



Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).



Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 


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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.



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