Posted Jul 5, 2012 by Turley, Hansen & Rosasco on 9/11 WTC Pensions
Chet Lukaszewski, a key strategic partner at Turley, Hansen & Partners, recently won another groundbreaking 9/11 WTC pension case – Matter of Dement v Kelly_ NYC Pension Fund.pdf. This follows his big legal victory in a pension last year for a FDNY firefighter’s widow. Given this string of legal victories, it can be said with some authority that Mr. Lukaszewski is perhaps the best municipal disability pension lawyer in New York.
The most recent case involved NYPD Lt. William Dement. After 9/11, Lt. Dement worked both at Ground Zero and the Fresh Kills landfill for months on end where he was exposed to the well known toxins. Lt. Dement subsequently developed a multitude of breathing problems, including sleep apnea (all his medical conditions are currently covered under the new James Zadroga 9/11 Health and Compensation Act, including sleep apnea). He applied for a World Trade Center disability pension based upon all his breathing conditions.
Shockingly, the NYPD Pension Fund denied his disability pension saying that the sole cause of his disability was sleep apnea and that there was no evidence that this condition was 9/11 related! (I guess the Pension Fund and it’s NYC lawyers did not talk to the medical doctors and scientists from the federal government who readily admit that sleep apnea can result from 9/11 conditions caused by toxic exposure).
In a sweeping unanimous ruling, the New York State Appellate Division for the First Department reversed the NYPD Pension Board stating that the Fund had unlawfully denied Lt. Dement’s WTC disability pension. The Court ordered New York City to pay Lt. Dement the pension.
Thank goodness municipal employees have zealous attorneys like Chet Lukaszewski righting the wrongs of the NYC Disability Pension system. That’s why Turley, Redmond Rosasco & Rosasco, LLP sends all its NYC disability pension clients to Chet.