Monthly Archives: September 2015

Creative Legal Argument Leads To An Award of Lifetime Diability Benefits

Good lawyering requires both creativity and a deep knowledge of the law. Last week I obtained a ruling of Permanent Total Disability for a client. The ruling entitles her to much-deserved lifetime weekly compensation benefits. This is especially important because in 2007 the Workers Compensation Law was changed to put limits on the time period for which you can receive benefits. There is now a 10-year limit on benefit duration unless you had a 100% Medicial Disability or a 100% Loss of Wage Earning Capacity (ability to work and earn money).

My client is a 55 year-old woman with a severe back condition. All of the doctors she consulted with conculded that she has a 60% medical disability. Most attorneys would have accepted that rating as is, entitling her to just 350 weeks of compensation benefits. But that would have been the wrong outcome.

Because of my client’s educational level and work experience, I knew that she was entitled to more. She only has a high school education and does not know how to use a computer. My client has never worked in any other position other than house cleaning.

All of the doctors who testified conceded that my client’s injury prevented her from doing her job – the work of a house cleaner. In fact, they all conceded that she could not do any type of physical labor. I then took my client’s testimony and established her lack of transferrable skills, focusing on her education and work experience. In essence I showed that there was no other work that she could successfully perform.

The judge agreed with my argument — my client has only a 60% Medical Disability, but has a 100% loss of her Wage Earning Capacity. The judge awarded my client Total Disability benefits, which allowed an award of a lifetime of benefits, not just a 10-year benefit period. This was a huge, and much-deserved, victory for my client.

When representing clients it is important to know your client and to know their background. This is how we practice. We strive to obtain the best outcome for out clients by knowing them, knowing the law and knowing how to obtain the maximum benefits for them.

Prior results do not guarantee outcomes.
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Understanding The Legionnaires’ Disease Outbreak

Most of us have heard the frightening statistics regarding the recent outbreak of Legionnaires’ disease in the Bronx.  As of this date, 12 people have died and more than 120 additional cases have been reported.   But what exactly is this mysterious malady affecting so many at one time and what are its causes?  

Legionnaires’ disease is a common name for a type of pneumonia caused by breathing in water mist containing the bacteria. It was named after a 1976 outbreak in Philadelphia during an American Legion convention that killed more than 30 people and sickened almost 200 more. Most of us rarely hear about this disease unless it is part of a large outbreak, but according to the Centers for Disease Control, anywhere from 8,000-18,000 people are hospitalized each year in the U.S. as a result of Legionnaires’.  The current outbreak in the Bronx seems to point to the building’s cooling towers that are used as part of their air conditioning, ventilation, and heating systems, but the bacteria can be found in almost any warm water system or device that disperses water including humidifiers, spas and whirlpools, and dental water lines. The disease is not contagious and can only be caused by breathing in the bacteria- laden vapor. 

The New York Committee for Occupational Safety and Health (NYCOSH) has put out a fact sheet for workers and unions. Workers performing routine maintenance on or in cooling towers and other water systems may need to wear respiratory protection. The Occupational Safety and Health Administration (OSHA) requires the employer to determine hazards and provide training programs if the use of a protective device is required. Additionally, there are recommendations regarding assessment of work sites for potential Legionnaires’ disease. Cooling towers should be regularly maintained and cleaned with the use of chlorine and unused water lines should be frequently flushed.

In this recent Bronx outbreak, the New York City Health Commissioner issued an order to all owners of buildings with cooling towers to disinfect all of them within 14 days of receiving the order and keep records of the inspection and disinfection. Those workers with the task of cleaning and decontaminating the towers are advised to wear protective respirators as well as rubber gloves, goggles, and protective clothing. 

Every worker is entitled to a safe work place. According to NYCOSH, certain groups of workers are at increased risk of exposure to Legionnaires’ disease, including those who maintain, clean, decontaminate, or work in close proximity to water systems and system components such as cooling towers, evaporative condensers, humidifiers, potable water heaters and holding tanks and pipes that may contain stagnant warm water.

Workers should be aware of Legionnaires’ disease symptoms, which include fever, headache, joint aches, and fatigue, that can deteriorate into difficulty breathing, chills, chest pain, and gastrointestinal symptoms. As Legionnaires’ is a type of pneumonia, it can be diagnosed with a chest x-ray and lab tests to confirm the bacteria. While most in the Bronx outbreak who died had a compromised immune system, early treatment with antibiotics can lessen the symptoms and improve the changes of recovery. 

  

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

Prior results do not guarantee outcomes.
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