We Protect Workers’ Rights: Partner Mike Gruber Is Installed at WILG President & Helping Injured First Responders

I just returned from the Workers’ Injury Law and Advocacy Group’s (WILG) Annual Convention. I am extremely proud to announce that one of my law firm’s partners, Mike Gruber, was installed as the president of this esteemed group of men and women whose common bond is representing the interests of injured workers and their families. Mike is the fourth partner from my firm to hold this office, which includes former partner Lew Heller, Senior Partner Edgar Romano, and me. My firm is proud to continue the tradition of national leadership in an organization that fights to protect injured workers.

This year we were updated on a number of interesting topics including one near and dear to my heart – benefits for first responders. My friend and colleague JR Boyd, a past president of WILG and a leader in his home state of Missouri, lectured about the dangers inherent in firematic duties.  As the daughter and sister of retired firefighters and sister of a current FDNY Lieutenant, I am always trying to keep updated on the latest issues affecting those I love. I have grown up knowing that at any moment tragedy may strike. 

Ironically, on the day of the lecture news broke of the death of New York City Firefighter Chief Michael Fahy. He was on the scene of a reported gas leak and while in the midst of an investigation, an explosion occurred and part of the structure fell on him. Chief Fahy graduated from law school but decided to pursue his dream as a firefighter. He was following in the footsteps of his father Thomas Fahy, himself a retired FDNY Chief.

Chief Fahy is but one of the many men and women who have sacrificed their lives for their City, their state, or their country. Tragedy can strike without warning in the form of a building collapse, an explosion, a flashover, or when a floor or roof is compromised. First Responders may end up burned, electrocuted, or receive blunt force trauma. These are just a few of the ways firefighting can turn deadly. Unfortunately, our firefighters do not just face immediate dangers on the job, but also must contend with lung issues, cancer, and heart conditions. Three hundred forty-three firefighters lost their lives during the attacks of 9/11, but so many more have died from the after effects of being exposed to toxins in the air.

While there are still nine volunteer fire companies in New York City that respond to calls in their neighborhoods and are covered under the New York State Workers’ Compensation System, the vast majority of residents are protected by a paid force of brave men and women who are employed by the City. The Fire Department of New York is the largest municipal fire department in the United States, employing more than 10,000 uniformed firefighters.

When firefighters get injured, they are paid a salary until they are able to return to work. Some firefighters who get injured on the job as a result of the wrong doing of another may be able to file suit against the negligent party. Some firefighters may receive a three-quarter disability pension if they suffer an injury and are unable to work but benefits may differ depending upon the type of injury sustained and years of service. As a result of the heart, stroke and lung bills, there is a presumption that disabling heart, stroke, and lung conditions are the result of employment as a firefighter. I have seen the damage the job has done to the people I care about and the untimely deaths of many whose health has been severely compromised as a result of the rigors of the job. While benefits do exist, one can never truly repay these brave men and women who put their lives on the line every day to protect us.

 

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.
Attorney Advertising.

In Complicated Times, Police Who Risk Their Lives Still Need Support

Last week was a very bad one for police officers across the country, starting with the separate police shooting of two unarmed men. These shootings – days apart in different parts of the country – sparked widespread outrage and protests throughout the country. 

While the investigation continues into the circumstances surrounding these civilian shootings, video evidence suggests the outrage over these shootings appears to be justified. The week ended with the assassination of five police officers in Dallas who were providing protection to citizens engaged in a peaceful protest over the shootings of the unarmed men. The gunman indicated he had killed the police officers in retaliation for the shooting deaths. This was the worst loss of life for the police department since September 11, 2001.  Additionally, seven police officers were injured in the attack.

These horrific events highlight the difficult job that police face every day. While not all police officers are perfect (in fact, who amongst us is?), most don’t begin their shifts with the mindset that they are going to kill a civilian. Most see their role as keeping the peace and protecting citizens. They do, however, wonder many times whether they will make it through their shift safely and return home to their loved ones.    Unfortunately, they are not always immune to death and injury.   

As an attorney who has represented many law enforcement officers injured on the job, I know the majority of them receive medical treatment and may have a period of convalescence, but then are able to return to work. However, some sustain serious and career-ending injuries. Most police officers in New York City and Long Island are likely a member of a Civil Service Retirement System. If so, and they become permanently disabled from performing their specific job duties, they may be eligible for a life-long disability pension.

There are many pension systems in the state, all with different applications, rules, procedures, and guidelines. Each disability pension has its own statute of limitations and guidelines for eligibility. There are different pensions available, ranging from one-third to three-quarters. Just because you were injured on the job does not mean you are automatically entitled to the three-quarter pension, which would enable you to receive 75% of your previous year’s earnings. 

Although not always relevant, how police officers are injured on the job can impact whether they are entitled to a three-quarter disability pension. Additionally, just because they were injured while working does not automatically mean they are entitled to a three-quarter disability pension. Factors that get taken into account are issue of causation, medical evidence from the officer’s own doctor, and the retirement system’s medical board. It is not always an easy process for our law enforcement personnel to receive reasonable retirement benefits, but it should be. Day in and day out, they protect the citizens of our cities and our states, putting their own lives at risk simply because they are dressed in blue. 

There is a huge spotlight this week on police, and rightfully so, as there is so much mistrust and anger regarding the recent events. There needs to be an honest, open dialogue where those aggrieved are given the opportunity to be heard without fear of reprisal, just as the police department needs to be given the opportunity to have investigations completed before a rush to judgment. While the majority of police officers are honest and hardworking, those who fail to uphold their oath should be punished.

Police officers are sworn to protect and serve; they run toward trouble when we run away from it. They patrol neighborhoods that are dangerous, riddled with crime, where we are taught to avoid them. They put their lives on the line every day, knowing they might never return to their families. Yes, this has been a very tough week. Let’s hope that future discussions help bridge the gap between our police and the citizens they are sworn to protect.

 

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.
Attorney Advertising.

Despite Majority Support, Albany Legislators Fail To Consider Lavern’s Law

Lavern Wilkinson’s family was barred from seeking justice because of an archaic law.

There was a recent lawsuit filed by a woman against a major coffee chain for injuries sustained when the lid came off of a coffee cup as it was being handed to her by the barista. According to the lawsuit, the woman sustained serious burns as a result and missed more than a month of work. The lawsuit was filed two years after the accident occurred and the injured woman maintained the only reason she pursued legal recourse was that the coffeehouse failed to respond to her repeated requests for payment of medical bills. The woman indicated she was very hesitant to file a law suit as she was opening herself up to ridicule. I was extremely saddened by her reaction, but understand her reluctance.

This case brings up a similar story from a number of years ago when another woman filed suit after she was injured by scalding hot coffee in a McDonalds drive thru when it spilled on her. This was the topic of conversation for many talking heads, citing it as the poster child for frivolous lawsuits that clog the court system and cost hard-working taxpayers billions of dollars every year. The lawsuit became fodder for countless comedians and an alarm for tort reform around the country. 

What was left out in the entire media blitz is the fact that the injured woman – Stella Liebeck – then 79 years old, asked McDonalds to pay for the medical bills totaling approximately $20,000, but they refused. It was only then that she filed the lawsuit, as she sustained third degree burns over 16 percent of her body, necessitating hospitalization for eight days, skin grafts, and horrific scarring. McDonalds admitted they knew the coffee could not be consumed immediately as it was at a scalding temperature and had to cool down. The company also admitted it was aware that more than 700 people had sustained serious injuries in the 10 years prior to the Liebeck lawsuit. It appears their coffee was kept at such a high temperature in an effort to last longer. In this case, McDonalds made a conscious decision to put savings before consumers. 

The tort reform movement has been fabricating or exaggerating facts for years to push its agenda, with the legal profession being portrayed negatively on many occasions. As an attorney, I laugh along with others at the humorous lawyer jokes I hear. But putting aside that humor, I am proud to be an advocate for the injured. I have seen first hand what can happen as a result of the negligence of others.

Last week the New York State Legislature had an opportunity to rectify an unjust, archaic law by passing a bill known as Lavern’s Law, named after a woman who died of cancer three years after she had gone to the emergency room with a cough. The hospital performed an x-ray and sent her home, but never advised her that the x-ray showed a curable cancer growth. By the time she discovered the cancer was terminal, she could not seek justice because the time to file the suit had passed.

Lavern’s Law proposed to start the statute of limitations from the time a patient discovers the malpractice, rather than from the time the medical malpractice occurred. Unfortunately for many victims of malpractice, the bill never reached the floor for a vote despite overwhelming support by a majority of both the Assembly and Senate. Those who opposed this bill felt it would cause malpractice insurance to skyrocket and put many in the medical profession out of business.

The opposition misses the point. A tort in law is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who committed the act. It holds accountable the person who caused the injury. The current law for malpractice claims weakens incentives for hospitals and doctors to improve patient safety measures so these harmful incidents never happen in the first place. Lavern’s Law and other laws allowing citizens the right to jury trials actually result in a safer and healthier society.

Hopefully Lavern’s Law will be a continued topic of conversation when legislators return to Albany in January. Malpractice isn’t always discovered within what the current law considers a timely fashion. However, that doesn’t mean that injured people won’t suffer for the rest of their lives, or die, due to the negligence of others.

— 

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.
Attorney Advertising.

Senior Partner Jordan Ziegler Discusses Repetitive Strain Injury On Podcast

Jordan A. Ziegler, Senior Partner

Senior Partner Jordan Ziegler recently appeared on RSI Help, a podcast which shares news and information about repetitive strain injury. We have discussed this topic on this blog several times. In addition to listening to the podcast, you can also find out more information by reading these posts:

We also have a section on our firm’s website dedicated to providing you with information about Carpal Tunnel Syndrome, a common repetitive strain injury. In addition, Deborah Quilter maintains a site with helpful information at RSIHelp.com.

You can listen to the podcast here:

Prior results do not guarantee outcomes.
Attorney Advertising.

Congratulations to Partner Matthew Funk, New President Elect of NYSTLA

On June 14, Partner Matthew Funk was formally installed as President Elect of the New York Association of Plaintiff’s Trial Lawyers (NYSTLA). Mr. Funk handles workers compensation cases for Pasternack Tilker Ziegler Walsh Stanton & Romano.

In addition to his new role with NYSTLA, he is also Co-Chair of the NYSTLA Workers’ Compensation Committee and a member of the Legislative Committee, No-Fault Committee and Labor Law Committee. Since 1999, he has written for the NYSTLA Decisions program.

Matthew serves on the Executive Board of the Injured Workers Bar Association, participating in online round table discussions regarding the rights of injured workers. He is a Workers Compensation Committee member of the New York Coalition for Occupational Safety and Health (NYCOSH). Matthew regularly lectures on workers’ compensation law to various labor organizations. Currently, he is actively engaged in extensive workers compensation litigation.

The mission of the New York State Trial Lawyers Association, founded in 1953, is “To promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers.”

Please join us in congratulating Mr. Funk on his new role.

 

Prior results do not guarantee outcomes.
Attorney Advertising.

Please Join the Fight to Pass Lavern’s Law

Lavern Wilkinson was a single mom with a severely handicapped daughter who died in March 2013 from a curable form of lung cancer.  She had gone to the Emergency room at Kings County Hospital in 2010 with a terrible cough.  The staff there performed an x-ray which showed a suspicious mass but she was never notified of this and was sent home.  When she returned back to the hospital 2 years later it was discovered that the cancer had spread and her condition was terminal.   When she tried to sue the hospital to ensure financial security for her disabled child she was advised that the current statute of limitations barred her from seeking damages against the hospital.  Tragically Lavern died in March 2013. 

Unfortunately Lavern is not alone. Lissy McMahon has stage 4 uterine cancer. In 2012, she was told that a uterine fibroid was benign.  In 2014, after the statute of limitations expired, she found out her initial doctors were negligent and she, in fact, had stage 4 uterine cancer.  Watch her explain in her own words what this means for her and her son Jack.

 
Please post on social media and/or Tweet this link out using #lavernslaw. Share this video, so that more people can hear Lissy’s story in her own words.  
 
Join the Fight to Pass Lavern’s Law on Facebook
 
Lissy’s story has been featured in Newsday, the New York Daily News and on Fox 5 News.  Our elected officials are also hearing the voices of people like Lavern Wilkinson, Jennifer Estrella and June Dreifuss in the press.
 
Lavern’s Law – A.285A (Weinstein)/S.6596 (DeFrancisco) – would allow these families to seek justice.  
 
The Assembly passed the bill last year and there are 38 co-sponsors in the 63 member State Senate.  We are hopeful that since the majority of the Senate supports the bill  – which the Governor supports as well – it will be brought to a vote.
 
Please reach out to your Senator and Assemblymember and urge them to support bringing the bill to a vote.

Prior results do not guarantee outcomes.
Attorney Advertising.

Prom Season – Keeping Our Kids Safe. Understanding The Law.

We are currently in the midst of prom season. It is an exciting time for both teens and their parents, and is a dream come true for many girls as it means new shoes, a new dress, and a day of beauty at the hair and nail salon.

It also a step closer to adulthood as high school graduation follows soon afterward, and then after summer break most students are off to work or college. I look back fondly at my own prom so many years ago. My high school, Stella Maris, held our senior prom at the Pierre Hotel in New York City. My friends and I engaged in all the usual pre-prom activities, including hair and makeup. We converged on one of our friend’s homes where we had a half glass of champagne and some hors d’oeuvres Dozens of pictures were taken and then we all piled into the black stretch limo that took us into Manhattan. We thought we were so sophisticated in our fancy dresses and our big 80s hair. I remember the limo driver actually stopping at a liquor store to buy us alcohol for the car ride to the prom. The drinking age at the time was 19, and even though most of us were 17 or 18, it was quite common – even expected – that we would drink before and after the Prom. Things have not changed all that much. While liquor has continued to be banned from the Prom, many of the after parties still involve alcohol or binge drinking. 

The idea of our own children engaging in such behavior is frightening for many parents while tolerated by others as a rite of passage. However, it should never be tolerated. According to NYC.gov, underage drinking is associated with risky behaviors like unsafe sexual activity, drinking and driving, and experiencing or engaging in violent behavior such as physical fights. Each year, alcohol-related injuries (homicide, suicide and unintentional injury) cause 5,000 deaths among people under age 21 in the United States. Motor vehicle crashes are the number one cause of death for 15-20 year olds. Underage drivers represent about 5 percent of licensed drivers but are involved in 14 percent of fatal crashes. In 2011, there were nearly 7,000 alcohol-related emergency department visits among New Yorkers under age 21.

It is generally expected that there will be an after-party immediately following the prom. Today’s teens may stay in a hotel with a group of other seniors or even go to a destination like the Hamptons or the Jersey Shore. Many will attend parties at the home of their fellow students. If you are going to host one of these parties at your home, you should be aware of the possible consequences. New York State has zero tolerance for underage drinking when it comes to driving. Additionally, it is illegal to purchase alcohol if you are under 21 years of age. 

However, if as a parent or guardian you choose to give your child liquor, this is not considered illegal.  This does not mean you are allowed to serve alcohol to any other teens in your home. There are criminal penalties for serving alcohol to those under 21 and you could be held civilly liable if they hurt themselves or someone else. There is no defense, even if the other parents gave you permission for their child to drink or even if you did not buy the alcohol yourself. If the drinking occurs on your property, you will be responsible. 

Teens can enjoy themselves without alcohol; yet, many teens will still figure out a way to drink alcohol on the night of their prom. We should not be an accessory or an accomplice to this behavior.  Let’s help our kids make it to adulthood.    

Prior results do not guarantee outcomes.
Attorney Advertising.

Give Injured People In New York The Time Necessary To File Medical Malpractice Claims

Lavern Wilkinson’s family was barred from seeking justice for her death due to the statue of limitations. (DEBBIE EGAN-CHIN/NEW YORK DAILY NEWS)

Almost two years ago, many of us were shocked and saddened when we heard Comedian Joan Rivers was critically injured during a medical procedure and was subsequently removed from life support. I had been lucky enough to see her perform live; she was so full of energy and had such an incredible presence. Although Ms. Rivers was 81 years old, she was actively performing at the time of her death and had a number of appearances scheduled. 

I just read that her family reached a settlement in their malpractice claim against the clinic that performed the procedure, ultimately leading to her death. It appears the clinic engaged in procedures not authorized by the comedian, and they were performed by physicians not licensed to perform them in the clinic setting. Most disturbing was that the medical personnel failed to properly identify her deteriorating condition during the procedure, which caused damage to her brain and heart when her oxygen levels decreased. The settlement is rumored to be in the tens of millions.

While Joan Rivers’ death was tragic, her family was able to secure their financial future as the current law in New York allows for a two-and-a-half-year statute of limitations from the date the medical malpractice occurred to file suit against private, nonprofit hospitals or doctors. That window, however, is just 15 months when suing a municipal hospital. In Joan Rivers’ case, it seemed obvious from the very beginning that her death occurred as a result of medical error and a lawsuit was commenced.

There are many others who have been prevented from seeking justice and monetary benefits as a result of medical malpractice because it was not discovered until after statute of limitations passed. One example of this was Lavern Wilkinson, a single mom with a severely handicapped daughter, who died in March 2013 from a curable form of lung cancer. Wilkinson had gone to the emergency room at Kings County Hospital in 2010 with a terrible cough. The staff performed an x-ray showing a suspicious mass, but the single mom was never notified of this and was sent home. When she returned to the hospital two years later, it was discovered that the cancer had spread and her condition was terminal. When she tried to sue the hospital to ensure financial security for her disabled child, she was advised that the current statute of limitations barred her from seeking damages against the hospital. Tragically, Lavern died in March 2013. Unfortunately, Lavern is not alone in this miscarriage of justice. There are so many more horrible examples of people who did not find out about the errors committed by medical personnel within the two-and-a-half-year years they have to file. New York is one of only six states that adhere to this archaic rule; 44 others allow for some sort of statute based upon the date of discovery of the malpractice.

There is currently a law pending in the New York State Legislature that would address this travesty. This bill would provide that the two-and-a-half-year statute of limitations begins when the patient knows or should have known an alleged negligent act caused injury. This bill was introduced more than a year ago and is still pending. It is known as Lavern’s Law – named after Lavern Wilkinson. Lavern’s death should not be in vain. Ask your State Legislator to support this law and give victims of medical malpractice the justice they deserve.

 

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.
Attorney Advertising.