On March 25, 2010, The New York Law Journal , published, as a ‘Decision of Interest', Chet Lukaszewski P.C.'s favorable judgment in the matter St Louis v. New York City Employees' Retirement System , Index No. 104060/09; where the Kings County Supreme Court found the New York City Employees' Retirement System (NYCERS) acted in a legally deficient manner in denying the disability pension application of a New York City Staff Nurse. In the case Justice Arthur Schack held that it was clear that the NYCERS' Medical Board had dismissed findings of its own physicians and an independent physician, as well as ignored medical proof of disability which was submitted by the petitioner. The Court held that the Board of Trustees adopted a Medical Board recommendation which was not supported by credible evidence. The Court annulled the denial and remanded the application to the Retirement System for a new evaluation and new report by the Medical Board with regards to petitioner's numerous debilitating conditions. In its decision the Court emphasized that the denial lacked a rational basis and the Medical Board put forth a bald and conclusory explanation for its findings which failed to substantiate that the petitioner was not disabled from performing the duties of a City Nurse. 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. 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   May 2009 - Settlement reached in personal injury suit versus popular Long Island bar/restaurant, where plaintiff was assaulted by group of four patrons in front of premises, where security staff had ejected patron by holding his arms behind his back, while simultaneously escorting a group of four men whom had confronted plaintiff inside the premises, out the front entrance, wherein plaintiff was attacked by the four the moment he was released from the grasp of the security personnel, resulting in a broken leg and jaw. March 31, 2009 - Chet Lukaszewski is successful in first Article 78 Petition commenced by and litigated via Chet Lukaszewski PC. Case involves NYPD officer denied a line of duty disability pension for Post Traumatic Stress Disorder. (For additional case details, see Pension Litigation page. As explained therein, gap in Mr. Lukaszewski’s litigation history created by formation of own firm.)
March 25, 2009 - Mr. Lukaszewski is invited to rally/press conference at City Hall to protest City’s motion for Summary Judgment in the cases of uniformed workers in 9/11 class action lawsuit. (See photo; click to enlarge)

March 2009 - Settlement monies obtained in auto accident case for plaintiff with soft tissue injuries only and no time lost from work.

February 2009 - Mr. Lukaszewski is invited to appear at the World Trade Center Medical Monitoring & Treatment Program – Mt. Sinai Medical Center, Advisory Board meeting, to discuss issues facing law enforcement personal affected by the 9/11 Terrorist attacks. December 2008 - Mr. Lukaszewski meets with United States Congressman Timothy Bishop regarding 9/11 police disability issues.

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.
NEWS ARTICLE: “Detectives Form Help Group For Cops Ailing From 9/11.” From The Chief Leader - 09/17/2008. (click photo for the article.)

Mr. Lukaszewski appears on request, before the Long Island World Trade Center Medical Monitoring and Treatment Program Advisory Board, at its September 2008 meeting, on the issue of World Trade Center disability pensions for uniformed civil servants.

Invited to attend National Police Week in Washington D.C. (May 10-16) to meet with local United States Senators and Congressmen, regarding 9/11 and other pension issues facing local law enforcement.

Mr. Lukaszewski helps to form the not for profit charitable organization The 9/11 Police Aid Foundation, a group which assists police officers and their families who’ve been impacted by the attacks of 9/11; and serves as a member of the group’s Board of Directors of 9/11 Police Aid Foundation.

Mr. Lukaszewski serves as an advisor to the Board of Directors of the World Trade Center Rescuers Foundation; a pending not for profit organization assisting FDNY-EMS personnel affected by the September 11th tragedy.

Mr. Lukaszewski successfully litigated (drafted and argued) in the Appellate Division Second Department (while at former employer J.L. Goldberg), Matter of Gaudioso v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, 40 A.D.3d 638, 835 N.Y.S.2d 396, 2007 N.Y. Slip Op. 03920 (2007)). In Gaudioso, Mr. Lukaszewski successfully demonstrated to the Appellate Division that the FDNY Pension Fund had acted improperly in awarding the petitioner a non-line-of-duty disability pensions rather than a line-of-duty disability pension for a right shoulder condition. In the case petitioner sustained a shoulder injury while on full duty while running into a burning building, and never returned to full duty thereafter. The Court ruled that: “There is no credible evidence in the record to support the Medical Board’s conclusion,” and ordered that, “the matter is remitted to the respondents’ [Board of Trustees] for the granting of petitioner’s [ADR] benefits.” *

Mr. Lukaszewski successfully litigated (drafted and argued) in the Appellate Division Second Department (while at former employer J.L. Goldberg), Stack v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, 832 N.Y.S.2d 55 (2007). In Stack, the Appellate Division held that the FDNY Pension Fund had acted arbitrarily and capriciously in denying the disability pension application of the petitioner, for a spinal condition. Mr. Lukaszewski successfully demonstrated that the Medical Board and Board of Trustees had actually ignored their own expert who appeared to find the applicant disabled. He was also successful in demonstrating to the Court that the Pension Fund ultimately refused to incur the “minimal cost” of remanding the application to the Medical Board for a clarification. The Appellate Division found the Fund’s decision to be irrational and remitted the matter to respondents “for new medical reports and new medical findings by the Medical Board and a new determination by the Board of Trustees.” *

Chet Lukaszewski was recently published in the Nassau Bar Association Legal Journal, The Nassau Lawyer, for his article: The Gap in the Pension Law into which Sick ‘9/11’ Firefighters and other City Rescue Workers are Falling: a Legal Limbo with Devastating and Dangerous Ramifications. *

October 2006: Chet Lukaszewski is published in the Nassau Bar Association Legal Journal, The Nassau Lawyer, for his article: The Gap in the Pension Law into which Sick ‘9/11’ Firefighters and other City Rescue Workers are Falling: a Legal Limbo with Devastating and Dangerous Ramifications. (View article in Published Writing.)