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New York State Workers’ Compensation

3/31/2010
Brian M. Mittman
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Judge rejects $575 million deal for 9/11 workers as inadequate

Injured 9/11 workers have an ally on their side: Judge Alvin Hellerstein.  He recently threw out a $575 million deal created to, in his words, shortchange the 9/11 heroes who brought New York “back from that blow”.

 

Judge Hellerstein claimed that the settlement was not enough, and did not do justice to the terrible sacrifices and suffering of the Ground Zero workers.  Not only were workers being shortchanged, claimed the judge, but lawyers negotiating the deal stood to make too much – approximately $200 million.

 

Hellerstein said he was determined to get the attorneys involved in the settlement to accept a lower fee for their role in the deal; one-third of the settlement was too much, in his opinion.  New York officials, including Mayor Bloomberg, were surprised by the ruling, as many had seen the deal as an end to years of legal wrangling that has so far long delayed payment to 9/11 workers.

 

The settlement was designed to settle suits based on a point system.  Complex calculations would be made using input data like the worker’s age, their illness, their medical history, and the amount of time that they spent working at Ground Zero.

 

Commenting on the complex determination of individual compensation amounts, Judge Hellerstein stated “I will not preside over a settlement based on fear or ignorance.”




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