Accessibility Statement Skip Navigation
  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing
  • Login
  • GDPR
  • Create a Free Account
Return to PRWeb homepage
  • News
  • Resources
  • Contact
When typing in this field, a list of search results will appear and be automatically updated as you type.

Searching for your content...

No results found. Please change your search terms and try again.
  • News in Focus
      • Browse News Releases

      • All News Releases
      • Multimedia Gallery

      • All Multimedia
      • All Photos
      • All Videos
  • Business & Money
      • Auto & Transportation

      • Aerospace, Defense
      • Air Freight
      • Airlines & Aviation
      • Automotive
      • Maritime & Shipbuilding
      • Railroads and Intermodal Transportation
      • Supply Chain/Logistics
      • Transportation, Trucking & Railroad
      • Travel
      • Trucking and Road Transportation
      • View All Auto & Transportation

      • Business Technology

      • Blockchain
      • Broadcast Tech
      • Computer & Electronics
      • Computer Hardware
      • Computer Software
      • Data Analytics
      • Electronic Commerce
      • Electronic Components
      • Electronic Design Automation
      • Financial Technology
      • High Tech Security
      • Internet Technology
      • Nanotechnology
      • Networks
      • Peripherals
      • Semiconductors
      • View All Business Technology

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Financial Services & Investing

      • Accounting News & Issues
      • Acquisitions, Mergers and Takeovers
      • Banking & Financial Services
      • Bankruptcy
      • Bond & Stock Ratings
      • Conference Call Announcements
      • Contracts
      • Cryptocurrency
      • Dividends
      • Earnings
      • Earnings Forecasts & Projections
      • Financing Agreements
      • Insurance
      • Investments Opinions
      • Joint Ventures
      • Mutual Funds
      • Private Placement
      • Real Estate
      • Restructuring & Recapitalization
      • Sales Reports
      • Shareholder Activism
      • Shareholder Meetings
      • Stock Offering
      • Stock Split
      • Venture Capital
      • View All Financial Services & Investing

      • General Business

      • Awards
      • Commercial Real Estate
      • Corporate Expansion
      • Earnings
      • Environmental, Social and Governance (ESG)
      • Human Resource & Workforce Management
      • Licensing
      • New Products & Services
      • Obituaries
      • Outsourcing Businesses
      • Overseas Real Estate (non-US)
      • Personnel Announcements
      • Real Estate Transactions
      • Residential Real Estate
      • Small Business Services
      • Socially Responsible Investing
      • Surveys, Polls and Research
      • Trade Show News
      • View All General Business

  • Science & Tech
      • Consumer Technology

      • Artificial Intelligence
      • Blockchain
      • Cloud Computing/Internet of Things
      • Computer Electronics
      • Computer Hardware
      • Computer Software
      • Consumer Electronics
      • Cryptocurrency
      • Data Analytics
      • Electronic Commerce
      • Electronic Gaming
      • Financial Technology
      • Mobile Entertainment
      • Multimedia & Internet
      • Peripherals
      • Social Media
      • STEM (Science, Tech, Engineering, Math)
      • Supply Chain/Logistics
      • Wireless Communications
      • View All Consumer Technology

      • Energy & Natural Resources

      • Alternative Energies
      • Chemical
      • Electrical Utilities
      • Gas
      • General Manufacturing
      • Mining
      • Mining & Metals
      • Oil & Energy
      • Oil and Gas Discoveries
      • Utilities
      • Water Utilities
      • View All Energy & Natural Resources

      • Environ­ment

      • Conservation & Recycling
      • Environmental Issues
      • Environmental Policy
      • Environmental Products & Services
      • Green Technology
      • Natural Disasters
      • View All Environ­ment

      • Heavy Industry & Manufacturing

      • Aerospace & Defense
      • Agriculture
      • Chemical
      • Construction & Building
      • General Manufacturing
      • HVAC (Heating, Ventilation and Air-Conditioning)
      • Machinery
      • Machine Tools, Metalworking and Metallurgy
      • Mining
      • Mining & Metals
      • Paper, Forest Products & Containers
      • Precious Metals
      • Textiles
      • Tobacco
      • View All Heavy Industry & Manufacturing

      • Telecomm­unications

      • Carriers and Services
      • Mobile Entertainment
      • Networks
      • Peripherals
      • Telecommunications Equipment
      • Telecommunications Industry
      • VoIP (Voice over Internet Protocol)
      • Wireless Communications
      • View All Telecomm­unications

  • Lifestyle & Health
      • Consumer Products & Retail

      • Animals & Pets
      • Beers, Wines and Spirits
      • Beverages
      • Bridal Services
      • Cannabis
      • Cosmetics and Personal Care
      • Fashion
      • Food & Beverages
      • Furniture and Furnishings
      • Home Improvement
      • Household, Consumer & Cosmetics
      • Household Products
      • Jewelry
      • Non-Alcoholic Beverages
      • Office Products
      • Organic Food
      • Product Recalls
      • Restaurants
      • Retail
      • Supermarkets
      • Toys
      • View All Consumer Products & Retail

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Health

      • Biometrics
      • Biotechnology
      • Clinical Trials & Medical Discoveries
      • Dentistry
      • FDA Approval
      • Fitness/Wellness
      • Health Care & Hospitals
      • Health Insurance
      • Infection Control
      • International Medical Approval
      • Medical Equipment
      • Medical Pharmaceuticals
      • Mental Health
      • Pharmaceuticals
      • Supplementary Medicine
      • View All Health

      • Sports

      • General Sports
      • Outdoors, Camping & Hiking
      • Sporting Events
      • Sports Equipment & Accessories
      • View All Sports

      • Travel

      • Amusement Parks and Tourist Attractions
      • Gambling & Casinos
      • Hotels and Resorts
      • Leisure & Tourism
      • Outdoors, Camping & Hiking
      • Passenger Aviation
      • Travel Industry
      • View All Travel

  • Policy & Public Interest
      • Policy & Public Interest

      • Advocacy Group Opinion
      • Animal Welfare
      • Congressional & Presidential Campaigns
      • Corporate Social Responsibility
      • Domestic Policy
      • Economic News, Trends, Analysis
      • Education
      • Environmental
      • European Government
      • FDA Approval
      • Federal and State Legislation
      • Federal Executive Branch & Agency
      • Foreign Policy & International Affairs
      • Homeland Security
      • Labor & Union
      • Legal Issues
      • Natural Disasters
      • Not For Profit
      • Patent Law
      • Public Safety
      • Trade Policy
      • U.S. State Policy
      • View All Policy & Public Interest

  • People & Culture
      • People & Culture

      • Aboriginal, First Nations & Native American
      • African American
      • Asian American
      • Children
      • Diversity, Equity & Inclusion
      • Hispanic
      • Lesbian, Gay & Bisexual
      • Men's Interest
      • People with Disabilities
      • Religion
      • Senior Citizens
      • Veterans
      • Women
      • View All People & Culture

  • Hamburger menu
  • Cision PRWeb provides efficient communication tools to continuously engage with target audiences across multiple online channels
  • Create a Free Account
    • ALL CONTACT INFO
    • Contact Us


      11AM ET Sunday – 8PM ET Friday

  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • News in Focus
    • Browse All News
    • Multimedia Gallery
  • Business & Money
    • Auto & Transportation
    • Business Technology
    • Entertain­ment & Media
    • Financial Services & Investing
    • General Business
  • Science & Tech
    • Consumer Technology
    • Energy & Natural Resources
    • Environ­ment
    • Heavy Industry & Manufacturing
    • Telecomm­unications
  • Lifestyle & Health
    • Consumer Products & Retail
    • Entertain­ment & Media
    • Health
    • Sports
    • Travel
  • Policy & Public Interest
  • People & Culture
    • People & Culture
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR

A State Appeals Court Decision may Make More World Trade Center Ground Zero Volunteers Eligible for Medical Compensation, Parker Waichman LLP Comments
  • USA - English


News provided by

Parker Waichman LLP

Jun 11, 2014, 14:00 ET

Share this article

Share toX

Share this article

Share toX


“This ruling should expand the number of people who should be compensated as a result of their voluntary disregard for health and safety following the terrorist attacks in 2001,” said Gary Falkowitz, Managing Attorney at Parker Waichman.

Post this

Port Washington, New York (PRWEB) June 11, 2014 -- Parker Waichman LLP, a national law firm, comments on a state appeals court decision that may now make many more Ground Zero volunteers eligible for medical compensation. A unanimous panel of the Appellate Division, Third Department, ruled on June 5, 2014, that the Workers’ Compensation Board incorrectly limited the way in which it defined what constitutes a so-called “volunteer” first responder as only applying to those individuals who were “serving under the direction of an authorized rescue entity or volunteer agency.” The Opinion and Order in the State Of New York, Supreme Court, Appellate Division, Third Judicial Department was decided and entered on June 5, 2014 (Number 517129, in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

Ultimately, the Justice involved in the appeal ordered that the decision denying medical compensation be reversed involving volunteer worker, Jamie Hazan, “without costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.” (Number 517129, in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

“This ruling should expand the number of people who should be compensated as a result of their voluntary disregard for health and safety following the terrorist attacks in 2001,” said Gary Falkowitz, Managing Attorney at Parker Waichman. “These volunteers deserve maximum benefits and compensation for illnesses suffered and lost work time due to injuries resulting from their time at these rescue and recovery sites.”

The appeal involved a decision of the Workers' Compensation Board that was originally filed on September 19, 2012. At that time, the Board denied Mr. Hazan’s claim for workers’ compensation benefits because it found that he “was not a participant in the World Trade Center rescue, recovery, or cleanup operations.” (Opinion and Order: State Of New York, Supreme Court, Appellate Division, Third Judicial Department; June 5, 2014; Number 517129; in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

According to the ruling, Mr. Hazan, a former emergency medical technician, went to the World Trade Center site following that morning’s terrorist attacks on September 11, 2001 to assist with rescue and recovery efforts. On his way, he learned that a triage center was being set-up at Manhattan’s Chelsea Piers and went toward that location, where he spent that day sorting supplies and creating a treatment area. The next day, he went to the Ground Zero site, where he presented his emergency medical technician card and badge to gain access, and spent the day helping to search for survivors. He ceased his volunteer work on September 12, 2001, according to the ruling. (Opinion and Order: State Of New York, Supreme Court, Appellate Division, Third Judicial Department; June 5, 2014; Number 517129; in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

Mr. Hazan was neither registered nor affiliated with a volunteer organization or agency during the two days in which he worked on rescue or recovery operations. He did register his participation as a volunteer in the World Trade Center rescue, recovery, and/or cleanup operations with the Workers' Compensation Board in March 2010 and later filed a workers’ compensation claim for benefits for alleged injuries tied to exposure to dust and toxins at the World Trade Center and Chelsea Pier sites, according to the ruling. (Opinion and Order: State Of New York, Supreme Court, Appellate Division, Third Judicial Department; June 5, 2014; Number 517129; in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

Ultimately, according to the ruling, a Workers' Compensation Law Judge determined that Mr. Hazan “sustained a compensable injury for gastroesophageal reflux disease, depression, anxiety, chronic rhinitis and sinusitis and awarded benefits.” The World Trade Center Volunteer Fund sought review of this determination and contended that Mr. Hazan did not meet the definition of "volunteer" because he did not provide proof that he was acting under the direction and control of a volunteer agency. In rebuttal, among other issues, Mr. Hazan argued that the case should have been made for asthma. The Board reversed the Workers' Compensation Law Judge’s decision and found that Mr. Hazan did not meet the definition of "first response emergency services personnel." Mr. Hazan appealed. (Opinion and Order: State Of New York, Supreme Court, Appellate Division, Third Judicial Department; June 5, 2014; Number 517129; in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

The Third Department indicated that the state statutes do not address World Trade Center responder benefits that could have denied Mr. Hazan’s application based on the Board’s interpretation of a “volunteer.” In fact, Justice John Egan Jr., for the 5-0 court, wrote "Noticeably absent ... is any requirement that such individual 'serve under the direction of an authorized rescue entity or volunteer agency,'" adding, "Accordingly, the board's imposition of such a requirement is, to our analysis, contrary to the plain terms of the statute." Justices John Lahtinen, William McCarthy, Robert Rose, and Michael Lynch joined in the ruling. (Opinion and Order: State Of New York, Supreme Court, Appellate Division, Third Judicial Department; June 5, 2014; Number 517129; in the Matter of the Claim of Jamie Hazan, versus the WTC Volunteer Fund et al. and the Workers' Compensation Board)

If you or a loved one believes you may be eligible for compensation following the terrorist attacks at Manhattan’s World Trade Center and would like assistance with your claim, please visit Parker Waichman LLP's World Trade Center Emergency Workers claims page at yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

Gary Falkowitz, Parker Waichman LLP, http://yourlawyer.com, +1 (800) 529-4636, [email protected]

Modal title

Contact PRWeb

  • 11AM ET Sunday – 8PM ET Friday
  • Contact Us

About PRWeb

  • About PRWeb
  • Partners
  • Partnership Programs
  • Editorial Guidelines
  • Resources

Why PRWeb

  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing

Accounts

  • Create a Free Account
  • Log in
  • Contact Us

Do not sell or share my personal information:

  • Submit via [email protected] 
  • Call Privacy toll-free: 877-297-8921

Contact Cision

Products

About

My Services
  • All News Releases
  • Online Member Center
  • ProfNet
Cision Distribution Helpline
888-776-0942
  • Legal
  • Site Map
  • RSS
  • Cookie Settings
Copyright © 2025 Cision US Inc.