|
CONTACT US
General Inquries:
inquiries@chetlaw.com
Application for Representation:
View / Complete Application
Please note that we offer :
• Free consultations
• The most competitive disability pension rates
• Transfer clients accepted
• Credit cards accepted |
|
|
|
In January 2008, after four years with Jeffrey L. Goldberg’s office serving as an Accident Disability Pension and Social Security Disability litigator (plus three years working at that firm as a law clerk during law school), and over three years as an insurance defense litigator, Chet Lukaszewski formed Chet Lukaszewski, P.C. The mission of the firm is to use the extensive experience and knowledge base gained by Mr. Lukaszewski thus far in his career, and to parlay an exemplary level of litigation success, into an aggressive and highly personal level of representation for a client base that will never exceed the firm’s capabilities. Mr. Lukaszewski has learned the value of client contact and interaction and refuses to compromise the firm’s ability to ensure its clients the utmost in personal service. At Chet Lukaszewski, P.C., Mr. Lukaszewski himself will return your call, write your legal papers, and appear with or for you in Court or elsewhere, if need be.
During his final three years at his former firm, Chet Lukaszewski successfully litigated (wrote legal papers and argued before the Court) 50(+) Accident Disability Pension Article 78’s, as well as 2 Appellate Division cases.* To the firm’s knowledge, no other law office or individual had as much success in this area of law during this time. |
|
|
While working at both the Long Island and New York City offices of the top insurance defense firm, Ahmuty, Demers & McManus, Mr. Lukaszewski worked under the firm’s highest level of partners, including well renowned attorneys such as Mr. William Ahmuty, Mr. Fred Simpson and Mr. James Edwards. During this time he handled a variety of cases, including auto accident, premises liability, construction site litigation and insurance coverage matters. This experience allows Chet Lukaszewski, P.C. to provide top rate representation to its personal injury clients. In addition, for the firm’s personal injury work, Mr. Lukaszewski has enlisted the assistance of renowned veteran New York trial lawyer Harvey Lockhart, Esq., as special litigation counsel. Mr. Lockhart’s 40 years of experience, including 600(+) trials, provides clients with a level of experience and expertise that is rare and invaluable.
Mr. Lukaszewski has handled Social Security Disability matters all across lower New York State, and possesses a Social Security Disability record which exceeds the average national success rate. During his final two years with his former firm, Mr. Lukaszewski appeared at the majority of the office’s Social Security hearings. In addition, Mr. Lukaszewski has experience in Agency Disqualification, and will continue to handle such cases.
It is Mr. Lukaszewski’s intent to utilize his diverse and extensive litigation background and experience, in all areas of his practice. He believes his disability pension clients will greatly benefit from his pension litigation success. It is the firm’s opinion, that without proven Court success, a ‘3/4’s pension lawyer’ is essentially only a pension consultant. It is Mr. Lukaszewski’s belief that based on his proven litigation track record, the City and the Pension Funds will be more hesitant to force his clients into the Courts, thereby presenting them with the greatest chance of success within the pension system. Note also, Mr. Lukaszewski’s pension and agency disqualification billing rates are not set flat fees like most competitors; but instead charge on a work performed basis. He feels this is just one more way to provide clients with the most fair and equitable representation possible.
| |
RECENT ITEMS
November 2009 - The Supreme Court, New York County, found the
Police Pension Fund had acted without any credible evidence to support
its decision, in denying a petitioner a World Trade Center (‘WTC’)
disability pension, while retiring him on a non line of duty
disability pension, for sleep apnea; where the Fund said the sleep
apnea had absolutely no causal connection to his WTC rescue, recovery
and clean up efforts and/or his acknowledged WTC respiratory and
gastrointestinal problems. Petitioner had provided respondents medical
evidence from his doctors supporting a link between his WTC ailments
and his sleep apnea, and reports from the World Trade Center Medical
Monitoring and Treatment Program (WTC MM) deeming sleep apnea to be
‘WTC condition’, as well as a joint memorandum from the U.S. Center
for Disease Control, National Institute for Occupational Safety and
Health, and the WTC MM, which indicated that sleep apnea when
accompanied by WTC breathing and gastrointestinal problems, is a WTC
condition. In addition, petitioner had provided 9 medical
studies/reports related to links between sleep apnea and breathing and
GI problems, and referenced 3 other cases before the Pension Fund
involving officers suffering from WTC breathing and GI problems, as
well as sleep apnea. Petitioner applied for his disability pension
under the WTC Law, which provides 9/11 rescue workers a presumption
that their ailments are connected to their WTC efforts, and the intent
of which is to protect WTC rescuers. Yet respondents found there to be
no link between sleep apnea and WTC exposures/ injuries. The court
remanded the case, stating that “there is no credible evidence on the
record that could support the Medical Board’s conclusion at this
time,” and sought “the issuance of a determination consistent with”
its decision.
|
November 2009 - The Supreme Court, Kings County, finds the denial by
NYCERS of a line of duty disability pension, and award of a non line
of duty pension, to an petitioner who worked as an EMT for 19 years,
without missing a day for a foot problem, and who less than 6 months
after being forced by the FDNY to wear non-flexible, steel comprised
boots, which did not fit and which he complained of from the first day
he had to wear them, who suffered cracked bones in his foot and ankle
and tears of his ligaments, based on a finding that it was
petitioner’s diabetes and not the boots which had caused his injuries,
to be wholly improper. In the case, the Court seemingly based its
decision on the fact that the boots had caused hundreds of other
FDNY-EMS members foot injuries, and petitioner’s diabetes remained
controlled and at the same level from 1988 until the late 1990s, and
then again from the late 1990’s until the time of his injury. The
Court remanded the case so that evidence injuries to other FDNY
members could be considered, as well the report of FDNY doctors that
said petitioner’s condition was not diabetes related and all other
relevant materials, and for an articulation of NYCERS reasoning for
their decision the boots did not, at the very least, exacerbate or
aggravate any pre-existing diabetic foot problem petitioner might have
had.
|
| October 2009 - Firm disability pension client Harold Hoover, featured in NY Daily News article on October 7, 2009, which focused on the injuries incurred by EMS workers as the result of being improperly forced by the FDNY to wear a new heavy duty work boot at all times. As article notes, the firm is currently litigating the decision by the New York City Employees' Retirement System, denying Mr. Hoover a line of duty disability pension for the |
 |
| cracked bone and torn tendons in his foot, that he suffered just months after being forced to wear the boots, which he complained of from the first day on; injuries his doctors say were unquestionably caused by the boots. NYCERS claims Mr. Hoover's injuries were the result of his diabetes, which he'd been diagnosed with the first year he was an EMT, and had not affected his ability to work during his 19 year career. The case is set for argument in November 2009. |
June 2009 - The Court found the NYPD Pension Fund Board of Trustees had not adequately explained their legal basis for refusing to allow a retired Detective who suffered a heart attack 13 months after taking his service retirement, to amend his still pending disability application to include his disabling heart condition which his doctors indicated was unquestionably caused by his 20 years in the Police Department; including his time in the Emergency Services Unit, and particularly his near 1,000 hours of World Trade Center rescue, recovery and clean-up efforts, as well as his time spent at the Hurricane Katrina disaster site. The Detective had argued that his application ought to have been amended under the Heart Bill and/or the World Trade Center Disability Law, based on the purpose and intent of each law. It was the Court's ruling that the Board of Trustees had not adequately discussed or refuted the Detective’s attorney’s arguments in refusing the amendment to the Pension application to add the heart condition.
June 2009 - The Court found the NYPD Pension Fund had acted improperly in a harshly worded Decision remanding the application of a Detective found to be psychologically disabled by his World Trade Center efforts by the Police Pension Fund Medical Board, but retired on a non line of duty Ordinary Disability Retirement pension for the fact that the NYPD and the Police Pension Fund, claimed to be unable to locate their own employment records showing the Commands and locations to which the Detective was assigned during the World Trade Center disaster and clean-up; and thus refused to grant him a line of duty World Trade Center Disability retirement pension. The Court stated that the Board of Trustees had breached its duties by inexplicably searching for the Detective’s work records in locations to which he was not assigned, despite evidence presented by the Detective and letters written by his attorney, specifying his work locations, and the Court also criticized the Board of Trustees for continually, for 9 straight months, refusing to discuss the case on the record so that the errors could be discovered. The Court ordered the Board of Trustees to re-evaluate the case and for the re-evaluation to include all records submitted by the Detective and his attorney indicating to where the Detective was assigned and working on and after September 11, 2001.
June 2, 2009 – The Chief Leader newspaper publishes story on lawsuit filed by Chet Lukaszewski, P.C., relating to his client Police Officer Patrick Triola, and several other NYPD clients of the firm, who are all being denied line of duty disability pensions for a variety of World Trade Center related ailments, while being found disabled by sleep apnea, which the Police Pension Fund claims has no connection to ‘9/11’, despite medical evidence to the contrary and a number of cases which seem to demonstrate a clear link. (click photo for full story; or click this link to paper’s website)
|
|
 |
|
|
 |
| |
* Disclaimer as per disciplinary rules : "prior results do not guarantee a similar outcome."
|
|
|
 |
|
