Robert Liotta, a senior court officer employed by the New York State Unified Court System, won an appeal against a New York Workers’ Compensation Board decision denying his claim for workers’ compensation benefits related to his involvement in the World Trade Center (WTC) rescue, recovery, and cleanup operations.

The Workers’ Compensation Board had previously ruled that Liotta was not a participant in the WTC operations and thus denied his claim for injuries suffered at the WTC site.

However, the April 25 ruling by the Supreme Court of New York reversed that decision, stating that Liotta’s activities during the 9/11 attacks, which included assisting in evacuating the courthouse where he worked and clearing the area for emergency vehicles to access Ground Zero, had a “tangible connection to the rescue efforts.”

The ruling in Liotta v. N.Y. State Unified Court Sys. further highlighted that the location of Liotta’s activities fell within the area statutorily defined as the WTC site. The Workers’ Compensation Law article 8-A, which was enacted to remove statutory obstacles for timely claims filing and notice for latent conditions resulting from hazardous exposure for those who worked in rescue, recovery, or cleanup operations following the 9/11 attack, was cited as a key factor in the decision.

“The Board’s determination that claimant did not participate in the rescue effort operations to qualify under Workers’ Compensation Law article 8-A is not supported by substantial evidence,” the appellate decision stated.

Liotta’s claim is now remanded to the Workers’ Compensation Board for further proceedings, in line with the court’s decision. This ruling could potentially set a precedent for similar cases where the definition of a participant in rescue, recovery, or cleanup operations at the WTC site is under scrutiny as part of a claim for benefits. &

The post Court Officer Wins Appeal for 9/11 Workers’ Compensation Claim appeared first on Risk & Insurance.

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