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When Your HMO Says "No"

Thursday, March 31, 2005

You need life saving cancer treatment, but your HMO will not pay. What are your rights? Can you enforce them in time? I recently went to a great seminar on this topic at the Nassau County Bar Association given by my good friend, Susan Slavin. Susan was one of the pioneers of breast cancer litigation in the early 1990’s, and continues today as a leading ERISA and disability rights attorney. So what do you do when you get an HMO denial? In most states, including New York, you have a right to an External Appeal by an Independent Panel not […]

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Cancer’s Impact on Long Term Disability Claims

Monday, March 28, 2005

Are you able to work after a diagnosis and treatment for cancer? Is this a better measure of treatment success for working age people? Most cancer survivors are able to stay on the job, according to a new study found in the current issue of the journal Cancer and reported by Reuters. The nation’s largest long term disability insurance company, UnumProvident, recently reported that cancer is the leading cause of long term disability claims in the United States. According to the new study, survivors of early detectable cancers ( breast, prostate, skin, thyroid and uterus) had the lowest risk of […]

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Terry Schiavo and Good Friday

Friday, March 25, 2005

As I write this late in the afternoon on Good Friday, the Christian Holy Day commemorating the crucifixion of Jesus, Terry Schiavo is slowly dying. The irony is stunning. I’ll leave it to better theological scholars to draw the parallels. Did such a personal tragedy have to turn into a political football for the President and Congress? I think not. The only branch of government that can look itself in the face at the end of this debacle is our judiciary. Whether you agreed with their rulings or not, they applied the law to the best of their ability, without […]

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Suburban Sweatshops

Wednesday, March 23, 2005

Suburban Sweatshops is an important new book by Jennifer Gordon documenting the appalling working conditions of immigrants in our modern day suburbia. We had the pleasure of attending a book signing and celebration held last week at Hofstra University. Hofstra is down the street from The Workplace Project, a ground breaking organization founded by Ms. Gordon to provide legal representation to undocumented workers from Latin America. Our firm has had the privilege to represent many in their workers compensation claims and provide additional financial support for the organization. Ms. Gordon, a MacArthur Fellow and now an Associate Professor of Law […]

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Social Security Nuclear Option…Barbara Bush?

Monday, March 21, 2005

Give him credit! With his Social Security privatization plan sinking faster than a turncoat with cement shoes in the East River(can’t you tell I’m from New York), the President floats out his 79 year old mother to the rescue. A brilliant, yet all too common tactic for sons. When the public deserts you and Congress wishes you never brought the whole Social Security issue up, who better to pump up support than a woman who lives month to month on her Social Security check! Yes, she will say she is doing this for her many grandchildren. Balderdash! – they will […]

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Turley, Redmond & Rosasco, LLP Launches Disabled Worker Law Blog

Thursday, March 17, 2005

Helpful information for injured and disabled workers – that’s what this blog is all about. In non-lawyer language, we will try to provide information that will be useful to the disabled, healthcare professionals, support groups, union officials, disability advocates, fellow attorneys and of course, our clients. The blog is published by the full service disability law firm of Turley, Redmond & Rosasco, LLP. The firm represents clients in Workers Compensation, Social Security Disability, Long Term Disability (Private and ERISA) and Construction Accident cases throughout the New York metropolitan area. We have ten attorneys and a staff of over thirty who […]

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Attorney General Spitzer Protects Disabled Workers

Wednesday, March 16, 2005

For those who needed more convincing that New York State Attorney General Elliot Spitzer is a friend of disabled workers, here is another example of his willingness to prosecute the powerful who prey on the vulnerable workers. Last November, Spitzer played an important role in forcing the Unum Provident Corporation to change their unfair case handling practices in long term disability claims. Spitzer is now combating one of the largest causes of workers compensation premium increases for small business – EMPLOYER PREMIUM FRAUD! An upstate bridge painting company defrauded the New York State Insurance Fund out of over $145,000 in […]

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Suicide & Workers Compensation

Tuesday, March 15, 2005

Yesterday, we received a call about our workers compensation client who was struggling with Complex Regional Pain Syndrome (also known as Reflex Sympathetic Dystrophy) and depression. He shot himself over the weekend. Our sympathy goes out to his loved ones. We represented this client for over five years in both New York workers compensation and social security disability claims. We successfully fought to get him special authorization for surgery at Yale University Medical Center and psychiatric treatment. We won his social security case. Tragedies like this one are a real kick in the gut to the lawyers and paralegals in […]

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Naughty Worker Has No Scaffold Claim

Tuesday, March 15, 2005

As recently reported in Matthew Lerner’s excellent New York Civil Law blog, the New York Court of Appeals recently decided that a worker who fails to use safety devices provided to him by his employer cannot prevail in a Labor Law ¬ß240(1) claim (otherwise known as the Scaffold Law). Cahill v. Triboroough Bridge and Tunnel Authority. The “Scaffold Law” allows the injured worker to sue a general contractor or property owner, in addition to collecting workers compensation from the employer. Jury awards in scaffold cases can be very high. Using the term “recalcitrant worker” to describe the employee in this […]

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Bush Social Security Plan Dead?

Tuesday, March 15, 2005

I wouldn’t bet on it. Despite dwindling support in his own party and the public in general, the President has shown in the past that he is a stubborn and resilent fighter for his policies. Rather than folding up shop and licking his wounds, he has announced a new multi-state push to convince the American public that his way is the better way to fix Social Security. His biggest nemesis, AARP, will surely be nipping at his heels after every stop and trying to undercut his proposal for “private” (or shall we say “personal”) accounts. For entertaining bashing on both […]

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