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VOL. XLIV NO. 3, 2008 OFFICIAL PUBLICATION OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK The Bravest (Continued on page 2) I am happy to announce that on Tuesday, October 14, 2008, the UFA and the City came to a ten- tative collective bargaining agree- ment for the reopener clause for the 2004-06 period and for the 2008- 2010 contract. I want to thank our Execu- tive Board and labor attorney Mike Axelrod for their help and assis- tance in negotiating this agreement. The Executive Board voted unani- mously in favor of the agreement and and recommends approval. The Battalion Advisory Committee, on October 16 th , voted on the pro- posed agreement: 50 “yes” and 1 “abstention.” The details of the agreement are as follows: 2004-06 Contract Reopener: The basic maximum salary has been increased 3.48% retroactively effec- tive to July 31, 2006 (ie. 1st grade). Length of 2008-10 Contract 24 months. 4% base salary increase for all grades, retroactively effective August 1, 2008. 4% (compounded is 4.16%) base salary increase for all grades, effective August 1, 2009. $253 annual Longevity increase for 5, 10, 15, and 20-year steps, effective July 31, 2010. Longevity Escalator – Auto- matic Increases & Compounding of existing longevity. It will increase and compound with all future base salary increases, effective July 31, 2010. Ratification Process & Timeline Complete copies of the Memorandum of Agreement and all attachments were mailed on Octo- ber 15th to Delegates. The follow- ing meetings and actions will take place in accordance with UFA Con- stitution requirements: October 23 rd - Details of the tentative contract will be dis- cussed with all Delegates at a Spe- cial Delegate Meeting at 10:00 am at the JFK Ramada. November 20 th - A roll call vote of the Delegates will be con- ducted at a Special Delegate Meet- ing at 10:00 am. The General Mem- bership Meeting will immediately follow. (NOTE: The November 13th meeting is rescheduled to November 20th.) December 1 st - If approved by a majority of the Delegates at the November 20th meeting, ballots will be mailed by the American Arbitration Association. (AAA) on December 1 st , to all members for a contract ratification vote. Complete copies of the Memorandum of Agreement and attachments will be mailed to all members five (5) days prior to the ballot mailing. December 11 th - Ballot count by AAA and announcement of results via 65-2 fax and Web posting. August 18th was the first anniversary of the tragic seven- alarm high-rise fire at the former Deutsche Bank that claimed the lives of Firefighters Robert Beddia and Joseph Graffagnino. Plaques honoring the two firefighters were dedicated at Engine Company 24/Ladder Company 5 in Manhat- tan. President’s Message By STEPHEN J. CASSIDY CONTRACT * * *

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Page 1: The Fire Lines - September 2008

VOL. XLIV NO. 3, 2008

OFFICIAL PUBLICATION OF THEUNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORKThe Bravest

(Continued on page 2)

Iam happy to announce that onTuesday, October 14, 2008, theUFA and the City came to a ten-

tative collective bargaining agree-ment for the reopener clause for the2004-06 period and for the 2008-2010 contract.

I want to thank our Execu-tive Board and labor attorney MikeAxelrod for their help and assis-tance in negotiating this agreement.The Executive Board voted unani-mously in favor of the agreementand and recommends approval. TheBattalion Advisory Committee, onOctober 16th, voted on the pro-posed agreement: 50 “yes” and 1“abstention.”

The details of the agreementare as follows:

2004-06 Contract Reopener:The basic maximum salary has beenincreased 3.48% retroactively effec-tive to July 31, 2006 (ie. 1st grade).

Length of 2008-10 Contract24 months.

4% base salary increase forall grades, retroactively effectiveAugust 1, 2008.

4% (compounded is 4.16%)base salary increase for all grades,effective August 1, 2009.

$253 annual Longevityincrease for 5, 10, 15, and 20-yearsteps, effective July 31, 2010.

Longevity Escalator – Auto-matic Increases & Compounding ofexisting longevity. It will increaseand compound with all future basesalary increases, effective July 31,2010.

Ratification Process & Timeline

Complete copies of theMemorandum of Agreement and allattachments were mailed on Octo-ber 15th to Delegates. The follow-ing meetings and actions will takeplace in accordance with UFA Con-stitution requirements:

October 23rd - Details ofthe tentative contract will be dis-cussed with all Delegates at a Spe-cial Delegate Meeting at 10:00 amat the JFK Ramada.

November 20th - A roll callvote of the Delegates will be con-

ducted at a Special Delegate Meet-ing at 10:00 am. The General Mem-bership Meeting will immediatelyfollow. (NOTE: The November13th meeting is rescheduled toNovember 20th.)

December 1st - If approvedby a majority of the Delegates at theNovember 20th meeting, ballotswill be mailed by the AmericanArbitration Association. (AAA) onDecember 1st, to all members for acontract ratification vote. Completecopies of the Memorandum ofAgreement and attachments will bemailed to all members five (5) daysprior to the ballot mailing.

December 11th - Ballotcount by AAA and announcementof results via 65-2 fax and Webposting.

August 18th was the firstanniversary of the tragic seven-alarm high-rise fire at the formerDeutsche Bank that claimed thelives of Firefighters Robert Beddiaand Joseph Graffagnino. Plaqueshonoring the two firefighters werededicated at Engine Company24/Ladder Company 5 in Manhat-tan.

President’s MessageBy STEPHEN J. CASSIDY

CONTRACT

* * *

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Leading up to first anniver-sary of the tragic Deutsche BankFire, the UFA spent much timeconducting an extensive review ofmany of the FDNY fire fatalities inthe past 15 years. A commontheme has emerged: traditionalFDNY aggressive interior attackcoupled with water problems. Ina letter dated August 12, 2008, adetailed proposal was sent to Com-missioner Scoppetta and I askedhim to make a simple change incommunication that I believe willenhance the safety of firefightersand fire officers operating on thefire ground.

I recognize that it is diffi-cult for the incident commander tokeep track of time as he attends tohis responsibilities on the fireground. Therefore, I requestedthat the dispatcher be required tocall the incident commander everyfive minutes requesting a waterstatus update until an attack on thefire has begun. Once prompted,the incident commander wouldthen update by handie-talkie allmembers operating on the fireground about the status of fire con-ditions, ie., “Five minutes nowater,” “Five minutes no watershould have it momentarily,”“____ minutes no water hydrantproblems,” “No water we are hav-ing difficulty finding the fire.”

This critical piece of infor-mation would alert firefighterswho are operating in either danger-ous or potentially dangerous areasof the water status at a particularpoint in time. It would also providefirefighters with a timeline of howlong they have been operating onthe fire ground, something they

currently lack. Firefighters do nothave a clock available to them. It isimpossible for firefighters to knowexactly how long they have beenoperating in the fire building.

Notification by the incidentcommander of the water status toall units on the scene will allowfirefighters to determine if condi-tions are deteriorating, if it is nec-essary to seek a safer location orwithdraw completely and, it willalso give firefighters an accuratemeasure of how long they havebeen operating on the fire ground.Again, this simple change in com-munication is a critical piece ofinformation for firefighters andthis proposal will cost the Citynothing to implement. I believethat it will make firefighting saferfor all New York City firefighters.The UFOA has reviewed our pro-posal and supports it with someminor adjustments. We now waitfor Commissioner Scoppetta andhis staff to act in a fashion that is inthe best interest of all firefighters.

September 11th was the 7thanniversary of the terrorist attackson the World Trade Center. Tocommemorate these tragic events,firefighters throughout the cityremembered our 343 fallen broth-ers in many personal ways. Thou-sands were in attendance at theFirefighters Memorial Monumentin Riverside Park where membersof Battalion 18 once again hostedits annual memorial service. Manyfirefighters, families, and friendswere also drawn to Ground Zero.Firehouses that had suffered lossesalso conducted memorials andremembrance ceremonies.

FDNY Memorial Day wasobserved on Wednesday, October8, 2008 at the Firefighter’s Memo-

rial Monument on Riverside Park.Lt. John Martinson of Engine 249,who died in the line of duty on Jan-uary 3, 2008, was honored. Tributewas also paid to the followingmembers who died in the last year:Battalion Chief James Savastano,Jr., Battalion 4; FF Timothy P. Kil-larney, Ladder 126; SupervisingFire Marshal Douglas Mercereau,Brooklyn Command; FF RogerPeterson, Ladder 137; Capt.Steven Jaeger, Ladder 117; FFSean McCarthy, Engine 280; FFMartin Simmons, Ladder 111; FFKevin Meehan, Engine 34 and FFDavid Clark, Ladder 77.We mustnever forget the memory of ourfallen brothers, please rememberto keep them and their families inyour prayers.

Updates regarding contractratification, as well as the continu-ing investigations into theDeutsche Bank Fire, will be postedon our Web site atwww.ufanyc.org.

As always, stay safe!

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President’s Message(Continued from page 1)

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(Above) The Firefighter’s Memorial (1913)in Riverside Park was designed by H. VanBuren Magonigle (1867-1935), and its sculp-tures are attributed to Attilio Piccirilli (1866-1945). According the the NYC Departmentof Parks & Recreation “this monument issaid to have had its origins in the remarks ofthe Right Reverend Henry C. Potter at thefuneral of Deputy Fire Chief Charles A.Kruger in 1908. The monument was ulti-mately built on the hillside facing the HudsonRiver at 100th Street and comprises a grandstaircase (once flanked by ornamental lumi-naires), a balustraded plaza, a fountain basin,and the central monument that has a massivebas-relief of horses drawing an engine to afire (the original was replaced by a bronzereplica in the 1950s); to the south and northare allegorical sculpture groups representing‘Duty’ and ‘Sacrifice.’ The monument wasdedicated on September 5, 1913.” Annually,on the second Wednesday of October, thou-sands of uniformed firefighters gather tohonor the memory of firefighters who havelost their lives in the line of duty.

PHOTO CREDIT: Stephen N. Symbolik

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IMPORTANT RETIREE INFORMATION !SAVE!

Security Benefit Fund(212) 683-4723

Fax (212) 683-0693

Welfare Fund(AMB/OXY)

(718) 999-1886

Pension Payroll(718) 999-2327

Art 1 (718) 999-1207

Surgical Assistance(718) 999-1252

Pension Life Ins(718) 999-2320

IMPORTANT PHONE NUMBERSCVS/Caremark(Pharmacare)

(866) 832-0563

Dentcare/Healthplex(800) 468-0608

Counseling Services Unit(212) 570-1693/6

FDNY Retirement Desk(718) 999-2324

City Health/Medical/Medicare benefits(212) 513-0470*

*Not managed by theUFA

This article contains impor-tant information pertinent to all cur-rent and future retirees. Please savethe following and use as a referencefor any future problems:1. Notification of death of aretired Firefighter

Notification of a retired fire-fighter's death is made to the NYCFire Department by calling718-999-2320 or 718-999-2321.Retirees have a life insurance poli-cy in the amount of $6,000 with theFDNY Life Insurance Fund. This isthe $9 deduction on your earningsstatement listed as Fire Life.

Members who have retiredafter January 1, 1971, have a deathbenefit with the Security BenefitFund (SBF) in the following

amounts:Up to the age 49 $10,00050 to 69 $5,00070 and over $2,500

A claim for this benefit willbe sent to your beneficiary when wereceive notification of death. Onlythe retiree is covered for this bene-fit insured through the AIG LifeCompany. Payment is made to thedesignated primary or contingentbeneficiary of the eligible deceasedretiree upon submission of a com-pleted claim form with a certifieddeath certificate.2. Reimbursement for Medicarepart "B"

If you are receiving a Citypension check and both you andyour spouse are enrolled in a Cityhealth plan, you will be reimbursedfor your Medicare part "B" by theCity of New York. You should sendthe following information toEmployee Health Benefits. Make a

copy of your Medicare card to showthat you have both parts "A" and"B" and include the following infor-mation:A. Birth dates for yourself and yourspouseB. Your retirement dateC. Your pension numberD. Name of your health planE. Name of your union

Send this information to:Office of Labor RelationsEmployee Health Benefits Program40 Rector Street - 3rd FloorNew York, NY 10006Attn: Medicare Division

If you are in an HMO(Example HIP, AETNA, etc) youmust inform your health carrier thatyou are going on Medicare due toforms that need to be filled out withyour health provider.

By James DahlUFA Retiree Liaison

Mon-Wed-Fri 9 am to 4 pm212-683-4723 Ext. 6577

3. Make notification of anychange in status

The Security Benefit fundmust be informed of any changes inyour status. For example:A. When you get married, we needa copy of the marriage certificate.B. When you become a new parentwe need a copy of the birth certifi-cate.C. If you get divorced, we need acopy of the first and last page of thedivorce decree.D. When a spouse dies we need acopy of the death certificate.E. When you move please updateyour address with the SBF.

To change your address withthe NYC Fire Department or tomake changes for direct depositplease call pension and payroll at718-999-2327.

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4. Changing Health or DentalPlansChanging Health Plans

You can change health plansevery other year during the evennumbered years (2008, 2010, 2012,etc). The usual time to change is inNovember in order to take effect thefollowing January. You may alsochange plans at any time if youmove out of your health plan serv-ice area. A change can occur outsidethe normal change period "Once ina lifetime." If this option is used,you can only change during theallotted change-over period, or ifyou move out of your service area.Changing Dental PlansYou may change dental plans eachyear between October 15th andDecember 15th. Most plan changestake effect on January 1st. To assistyou, James Dahl is available Mon-day, Wednesday, and Friday from9:00 am to 4:00 pm. (212) 683-4723, Extension 6577. Please refer to the following as asummary of Retired Security Bene-fit Fund Benefits:

SUMMARY of R.F.S.B.F.ELIGIBILITY:

Retired Firefighters and Fire Mar-shals, who retired on or after Janu-ary 1, 1971 (July 9, 1993 forWipers), and their eligible depend-ents, including duly registereddomestic partners and their depend-ents.

UFA SELF-INSUREDHEALTHPLEX:

Retiree is reimbursed in accordancewith the R.S.B.F. Schedule of Fees.A dental form must be filled out.$1,500 Limitation per familymember per 12 month period.Orthodontic services for depend-ents under 19 years of age only.

DENTCARE PROGRAM:A pre-paid comprehensive dental

program - Provides the necessarydental care, including orthodonticsat no cost to the member, except forelective general anesthesia, porce-lain crowns, and porcelain withmetal or pontic - $50.00 Orthodon-tic services for dependents under 19years. Members must select a den-tist from the DENTCARE panel ofdentists. Cosmetic dental treatmentis not covered.

AMERICAN DENTAL:Effective January 1, 1995, Retireesresiding in Florida may elect cover-age by the American Dental Plan(ADP), a Preferred Provider Planwith most routine and preventivecare provided at no charge afterpayment of $5.00 routine officevisit fee. A defined schedule ofreduced fees applies for other gen-eral dental services. ParticipatingADP specialists charge 25% belowtheir usual fees.

OPTICAL:One eye exam and either one pairsingle-vision, bifocal, or contactlenses (subject to providers' sur-charges) for Retirees and eligibledependents EVERY TWO YEARSthrough optical provider paneleffective January 1, 1999, maxi-mum of $60.00 ($15-exam, $20-Frame, $25-Lenses, $45-ContactLenses) reimbursed to Retiree ifother than provider(s) is used.

HEARING AID:Effective January 1, 1999, Retireeis reimbursed up to $600 towardshearing aid(s) purchased in a five-year period upon referral of a physi-cian or audiologist. Send the paidbill, a copy of the prescription, anda copy of the audiologist report, tothe R.F.S.B.F. for reimbursement.

PRESCRIPTION PLAN:Plan administered by CVS/Caremark(formerly Eckerd Health/ PharmaCare)effective September 1, 2 0 0 4 .

Insulin (including oral agents) anddiabetes equipment and supplies arecovered by ALL City Health Plans( N O N - M E D I C A R E ) .MEDICARE members are cov-ered under CVS/Caremark. Upfront annual family deductible$125.PARTICIPATING PHARMACY:Once this deductible is met you willpay 35% of the drug or a minimum$5 generic/$20 Brand-name.Retirees can obtain up to a 30-daysupp ly a t a part i c ipat ingpharmacy.

NON-PARTICIPATING PHARMACY:

Retirees using non-participatingpharmacies can obtain up to a 30-day supply and may be reimbursedup to average wholesale price plusdispensing fee, minus co-pay. Up-front annual deductible of $125must be met first before co-paysapply. Reimbursement claim formscan be obtained by calling CVS at1-866-832-0563.ANNUAL FAMILY DRUG CAP

- $5,000-MAINTENANCE DRUGS

MAIL ORDER: If you or an eligi-ble family member regularly takesmedication for chronic long-termconditions such as arthritis, highblood pressure, heart conditions,etc., you may receive up to a 90-daysupply of maintenance medicationthrough EHS' mail service pharma-cy. NOTE: No deductible will berequired for prescriptions beingfilled at mail service and 35% ofthe cost of the drug still applies tomail orders. Deductible stillapplies to retail prescriptions.

PICA:Plan administered by NPA. If youhave any questions contact ExpressScripts Customer Service Depart-ment at(Continued on page 6)

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1-800-467-2006. Sponsor number2020. Effective July 1, 2005, mostinjectable and chemotherapy med-ications will continue to be coveredunder PICA (non-Medicare) whiletransferring the asthma and psy-chotropic drugs to the UFA RetiredSecurity Benefit Fund PrescriptionDrug Plan administered by CVS.

INJECTABLE ANDCHEMOTHERAPY

MEDICATIONS

Up to a 30-day supply at RetailPharmacy:$10 Generic$25 Preferred Brand (Formulary)$45 Non-preferred Brand (Non-Formulary)*UP to a 90-day supply at the MailOrder Pharmacy:$20 Generic$50 Preferred Brand (Formulary)$90 Non-preferred (Non-Formulary)*Annual Deductible for Injectableand Chemotherapy MedicationsEffective January 1, 2006, therewill be an annual deductible of$100 per person for Injectable andChemotherapy Medications. Thisdeductible is independent of anyother deductible.*If you choose a non-preferredbrand drug that has a generic equiv-alent you will pay the difference incost between the non-preferredbrand drug and the generic drugPLUS the non-preferred brand co-payment. (Increase in Co-Pays:Effective July1, 2005.)MEDICARE members are coveredunder CVS. Up-front deductible co-pays and annual family cap apply.

CATARACT LENSES:R.F.S.B.F. allows up to $75 towardspurchase after health plan

Medicare, etc., has paid its portion.Send the paid bill and health plan(s)Explanation of benefits (EOB) tothe R.F.S.B.F. office for reimburse-ment.

SURGICAL ASSISTANCEFUND:

R.F.S.B.F. pays the yearly dues forits eligible retirees.

DEPENDENT STUDENT 19-23YEARS OF AGE:

Dependent full-time students cov-ered to the end of the calendar yearof the unmarried, dependent stu-dent's 23rd birthday, or until gradu-ation, whichever occurs first. STU-DENT VERIFICATION MUSTBE ON FILE EVERY SEMES-TER.Reminder from the Security Ben-efit Fund (SBF)In order to receive SBF benefits,parents of children attending col-lege need to provide the SBF withthe following:*A letter each semester from theregistrar on school letterhead listingthe student's name and acknowledg-ing s/he is taking 12 or more cred-its.*A copy of a paid tuition bill fromthe college for each semester.Dependent Students: You areresponsible for notifying yourhealth care carrier.These items are necessary for theSBF to provide the proper benefitsto the children of firefighters. Allinformation should be mailed to:Security Benefits Fund, 204 East23rd Street - 3rd Floor, New York,NY 10010 or FAX to (212) 683-0693.

HANDICAPPEDDEPENDENTS:

Retirees MUST notify basic healthcarrier when dependents becomementally or physically handi-

capped, prior to 19 years of age.Dependent must be unmarried, liv-ing at home and dependent uponretiree for support. Upon receipt ofthe health carrier's confirmationthat the dependent is handicapped,R.F.S.B.F. coverage will be contin-ued while the criteria are met.

VESTED RETIREES:

Vested Retirees may enroll in theR.F.S.B.F. to cover themselves andtheir eligible dependents for the fol-lowing benefits upon payment ofthe City's contractual contribution:Death Benefit, Dental, Prescription,Optical, Cataract, Hearing Aid Ben-efits. Coverage does not includethe City's Health Plans.In all cases where there is a changeof family status, members must filean ERB and forward it to: For Medicare questions call orwrite:Employee Health Benefits Pro-gram40 Rector Street, 3rd Floor,New York, NY 10006(212) 513-0470

WIDOWS' BENEFITS:The Retired Security Benefits Fundprovides benefits for widows andeligible dependents of retired fire-fighters, who retired after January1, 1971 (July 9, 1993, for wipers)who becomes widowed after July 1,1987, will be entitled to the samehealth plan and benefits under theR.F.S.B.F. for a period of ONEYEAR ONLY. The Trustees of theFund reserve the right to modify ordiscontinue the benefits of the Fundat any time. Notification ofchanges in the benefits or proce-dures will be sent to your address aslisted on the Fund records.

(Continued from page 5)

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UFA Health andSafety NYS/DOL

HAB GrantCancerAwareness

Initiative

By Bill Romakaand Christine Early

With this year’s modestincrease in the grantamount, the UFA Health

& Safety Office plans to expand itsservices. We have hired ErinFusco, a Nurse Practitioner (RN,FNPBC, ANNC) from the WeillCornell Medical Center, Depart-ment of Hematology/Oncology.Erin will be creating a program forFirefighters on Cancer Awarenessand Prevention. While this segmentis just starting up, we are hopingthat over the next few years we willbe able to expand this service asmore funding becomes available.

Erin’s program will focuson the individual factors firefightersespecially face. What you eat anddrink, how you live, where youwork, and how all of these factorscan affect your risk for cancer. Ifwe cannot prevent cancer, the nextbest thing we can do is protect ourhealth by learning how to detect itearly. Recognizing symptoms, get-ting regular checkups, performingself-exams, these are just a fewways firefighters can do this. Thiseducational program will teachUFA members about cancer risks,prevention and symptoms of whichall should be aware.

The importance of wearingyour personal protective gear, par-ticularly during overhaul will alsobe emphasized. The need to take

time, and shower properly toremove particular matter followingyour work in toxic environmentscannot be taken for granted. Anemphasis needs to be placed on per-sonal responsibility and a change inroutine that puts greater importanceon your personal health. The bene-fits of taking time and properlyshowering following an exposurecannot be overstated.

The Facts about Cancerand Firefighters:

In 2004, the Johns Hopkins Schoolof Public Health conducted a studyto determine if identified cancerclusters among firefighters in AnneArundel County, Maryland, couldhave been caused by carcinogeniccompounds they were exposed toduring training exercises. Thestudy concluded that compared tothe general public, firefighters withgreater exposures to fires havehigher risks of cancer.

Further, a 2006 study by theUniversity of Cincinnati found thatfirefighters are more likely todevelop four different types of can-cer than workers in other fields,according to new research fromUniversity of Cincinnati. Firefight-ers are twice as likely to developtesticular cancer and have signifi-cantly higher rates of non-Hodgkin’s lymphoma and prostatecancer as non-firefighters. Theresearchers also confirmed previousfindings that firefighters are atgreater risk for multiple myeloma.(Journal of Occupational and Envi-ronmental Medicine, November2006)

Firefighters are exposed tomany compounds designated ascarcinogens by the InternationalAgency for Research on Cancer,including benzene, diesel engine

exhaust, chloroform, soot, styreneand formaldehyde, LeMastersexplains. These substances can beinhaled or absorbed through theskin and occur both at the scene ofa fire and in the firehouse, whereidling diesel fire trucks producediesel exhaust.

The UFA Cancer Educationand Prevention program will lastthrough the end of this grant period(July 31, 2009). If you would likemore information about the pro-gram, or would like to set up Fire-house Training Sessions, please feelfree to contact the Health & SafetyOffice via email at:[email protected] or at 212-545-6965.

William RomakaHealth & SafetyOfficer

SOCIAL SECURITYDISABILITY

GET BENEFITS NOWFree Consultation

ContactStacey Guzman

orKen Larkin

atSTANTON & GUZMAN,

LLP

585 Stewart Avenue,Suite 410

Garden City, New York11530

Phone: 516-222-0099Fax: 516-222-0079

[email protected]

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Sullivan Papain BlockMcGrath & Cannavo P.C.,has been general counsel for

the Uniformed Firefighters Associ-ation for more than two decades.We have often communicated withthe membership through letters,advertising and 65-2's. Now we areadding this regular column in FireLines to give you further informa-tion about your rights.

By way of introduction, weare a law firm with approximately37 attorneys, 14 paralegals and asupport staff of an additional 60employees. We have offices inlower Manhattan, Mineola, LongIsland, and Hackensack, New Jer-sey.

Our practice focuses prima-rily upon representing people whohave been injured in accidents or asa result of medical malpractice. Asubstantial portion of our workinvolves representation of firefight-ers and their families for injuriesreceived in the line of duty. We alsorepresent firefighters and othersseeking to recover damages forinjuries sustained outside of the job.

I thought it appropriate, aspart of this initial column, to pointout the special rights which fire-fighters enjoy in New York to seekdamages for injuries they sustain onthe job.

In many states, firefightersare not permitted to sue for line of

duty injuries because of a doctrineknown as the "Firemen's Rule."That rule, going back to the Englishcommon law, essentially states thatfirefighters assume the risk con-nected with their profession and canonly recover the limited benefitsafforded by their employer.

Thankfully, New York Statehas taken a more progressive viewand has essentially eliminated the"Firemen's Rule" in all but a veryfew instances. The New York StateGeneral Municipal Law (Section205-a), as well as a section of theNew York State General ObligationLaw (Section 11-106), combine togive firefighters greater rights thanthey have ever enjoyed in the past.

In general, those statutesprovide that firefighters can recoverdamages against property ownersfor injuries they received whileresponding to an emergency call ifthere was any condition on theproperty amounting to a violationof any code, rule or regulation aslong as that violation had even anindirect connection with injuriessustained by the firefighter. Forexample, if a building owner hasmade illegal renovations to thestructure of a building which delaysthe ability of firefighters to locate orextinguish the fire and, as a result, afirefighter is injured, then recoverycan be had against the owner. Sim-ilarly, if a building owner fails toprovide required smoke detectorsand that directly or indirectly caus-es an injury to a firefighter, dam-ages can be obtained from theowner.

The statutes also allow fire-fighters to recover for injuries theysustained in rig accidents or evendue to conditions in firehouses ifthey are injured when attempting to

respond.I advise all firefighters that

if they sustain a significant injury inthe line of duty, do not assume thatit is simply "part of the job." Pleaseimmediately call me so that we canevaluate the circumstances of yourinjury and determine whether youdo have the ability to bring a law-suit to recover damages.

I also caution all firefightersthat many cases involve claimsagainst the City of New York, NewYork City Housing Authority, ThePort Authority, or other public enti-ties. In those cases, there are verystrict time limits (often as little as90 days from the date of the occur-rence) to file a claim. Thus, it isimportant that you call me as soonas possible if you are hurt.

I also note that for years wehave provided free Wills to activemembers and their spouses. Wecontinue to do so. All you need todo is call our office and we will takethe necessary information andarrange an appointment for you andyour spouse to come in and signyour Will.

In future columns I will dis-cuss the Fire Department discipli-nary matters, the status of the WorldTrade Center cases and other topicsthat I hope will be of interest to youall. We are honored to represent theUFA and its membership. Please donot hesitate to contact us on anylegal issues for which you think wemay be of help.

Michael N. Block, Esq.Sullivan Papain Block McGrath & CannavoP.C.120 Broadway - 18th FloorNew York, New York 10271(212) 732-9000Mineola Office - (516) 742-0707Hackensack Office (201) 342-0037

Michael A. BlockUFAGeneral Counsel

UFAGeneral

Counsel'sColumn

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The Honor Emergency Fund isa not-for-profit foundationserving the Fire Department

since 1921. It has helped thousandsof Department employees, uni-formed and civilian, active andretired, with the burden of costs ofmedical and psychological careafter insurance or other benefitshave been exhausted. The Fundexists for the “welfare and relieffrom want or distress arising fromdeath, illness or injury” of membersof the Fire Department and theirstatutory dependents includingspouses, children, and occasionallyparents.

The Fund can provide assis-tance in numerous areas including:Medical procedures such as sur-gery, physician care, anesthesia, inand out-patient services, lab tests,excessive co-payments ordeductibles; home health care, childcare, and respite care services ifmedically necessary and physician

or nurse authorized. The Fund gives monthly

stipends to qualified adults or dis-abled individuals to assist them inmeeting a significant financialshortfall or to enhance overall qual-ity of life due to income and savingslimitations as compared to monthlyexpenses or unexpected needs.Retirees, their spouses or widows,as well as disabled adult children offirefighters are encouraged to apply.In certain situations, an active fire-fighter who is on medical leave andhas a substantially reduced incomemay qualify for a time-limitedgrant. This also applies to formerspouses if not legally divorced fromthe firefighter at the time of applica-tion.

The Trustees consider thenature and extent of the problemand the applicants overall financialfamily and personal situations.Financial need, while a criteria forassistance is determined in terms of

the entire case study. No personshould automatically assume thatthey don’t qualify. Any potentialapplicant is strongly encouraged tocontact the Fund Office regardingeligibility concerns or specific areasthat the Fund might assist with. Allinformation is held in strict confi-dence. In all situations where finan-cial help is sought from the Fund,information regarding income,expenses, savings and resources,tax returns and any other pertinentrelated information is confidentiallyreviewed by the Fund Director andMembers of the Board of Trustees.

Who are the Trustees of the Fund?

Representatives of the Uni-formed Force comprise a signifi-cant portion of Board membership.These include Chief of Department,Deputy Chief, Battalion Chief,Captain, Lieutenant, Marine Engi-neer, and Firefighter. The Fire

THE HONOR EMERGENCY FUND

(Continued on Page 10)

(Left) A memorial hon-oring Lt. JosephGraffagnino and Fire-fighter Robert Beddiainside Engine Compa-ny 24/Ladder Company5 in Manhattan. August18, 2008 was the firstanniversary of the trag-ic seven-alarm high-rise fire at the formerDeutsche Bank thatclaimed the lives ofFirefighters Beddiaand Graffagnino.Plaques honoring thetwo firefighters werededicated at EngineCompany 24/LadderCompany 5 in Manhat-tan.

Page 10: The Fire Lines - September 2008

Page 10 Fire Lines NO.3 2008

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Commissioner or his representa-tive also attends the Board meet-ings. Four civilian trustees are alsomandated to participate as Boardmembers, and are appointed by theFire Commissioner and are ratifiedby the Board.

By statute, the civilianTrustees must be chosen from out-side the rank of active Fire Depart-ment officers. These civilians havea long and abiding interest in andconcern for the Department and itsmembers. They bring to the Boardtheir expertise in business, invest-ment, Medicare, as well as sensi-tivity to the needs of the Fund. AllTrustees donate their services andtime and do not receive any formof remuneration.

How do you Apply? You

apply simply by contacting theFund.

Honor Emergency FundNew York City Fire Department9 MetroTech CenterBrooklyn, NY 11201-5431

E-mail: [email protected]/O Stan Reimer - DirectorTerri Bentsen -Staff Secretary718-999-2531

There are a variety of otherareas of assistance which caninclude: Grants for prescriptionmedication that are not covered orwhere benefits have been exhaust-ed; speech, physical and occupa-tional therapy; specialized life-maintaining and life-enhancingequipment; medically necessary

dietary supplements; grants forpsychotherapy and psychiatricservices, both in and out-patient;prescribed therapeutic devices;Applied Behavioral Analysis orother treatment modalities that arerecommended for special needschildren, such as autism, learningdisabled, cerebral palsy, and otherphysical/emotional difficulties;acupuncture if performed by alicensed physician or a recognizedspecialist; assistance to meet thespecial needs or situations of thehandicapped or disabled; assis-tance in meeting the cost of med-ical or prescription medicationinsurance, in certain situations.Contact the Fund for an exhaustivelist of areas covered.

(Honor Emergency Fund - Continued from page 9)

Page 11: The Fire Lines - September 2008

Engine Co. 212 was one ofthe six engine companies that FireCommissioner Scoppetta closed inMay 2003. This was a major tacti-cal error on the part of Fire Com-missioner Scoppetta. There havebeen numerous major fires and fatalfires in the local neighborhoodsonce protected y these six disband-ed engine companies. Engine Co.212 was an original unit of the old

Brooklyn Fire Department whichdates back to 1869. Engine Co. 212was located at 136 Wythe Avenuenear north 8th Street in the North-side area of the Williamsburg sec-tion of Brooklyn. Engine Co. 212’sformer first alarm district had anextremely heavy commercial areaconsisting of factories, lumberyards, warehouses and piers.

Engine Co. 212’s local neighbor-hood could best be described as atinder box! Engine Co. 212 wasclosed once before in 1975 but wasre-opened in 1977 after the localcommunity fought a long hard bat-tle against the bean counters in CityHall. However, on May 25, 2003,Engine Co. 212 was once again dis-banded. Gone but not forgotten!

Page 11Fire LinesNO.3 2008

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GONE BUT NOT FORGOTTEN

By Herb Eysser, UFA Staff

Page 12: The Fire Lines - September 2008

204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998Tel (212) 683-4832 • Fax (212) 683-0710

www.ufanyc.org

DONALD RULANDTrustee-Staten Island ENG 157JOHN G. KELLY, JRTrustee-Brooklyn ENG 201Chairman, Board of Trustees

STEPHEN G. HUMENESKYTrustee-Queens ENG 301DANIEL MURPHYTrustee-Manhattan ENG 74

EDWARD BROWNTrustee-Bronx LAD 48

STEPHEN J. CASSIDYEditor-In-Chief

STEPHEN N. SYMBOLIKManaging Editor

STEPHEN J. CASSIDYPresident ENG 236

Uniformed Firefighters AssociationOf Greater New York

JAMES M. SLEVINVice President LAD 7JOSEPH MICCIORecording Secretary ENG 295ROBERT STRAUBTreasurer ENG 45WILLIAM ROMAKAHealth & Safety Officer ENG 238Sergeant-at-Arms

LESTER LAYNEFire Marshal Representative BF1

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