Chet Lukaszewski, P.C.

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Please note that we offer :

• Free consultations
• The most competitive   disability pension rates
• Transfer clients accepted
• Credit cards accepted
• Pension work billed on
  work performed basis,
  not flat rate.



 

NEWS AND ARCHIVES

Wednesday July 27, 2011 - El Diario la Prensa the largest and oldest Spanish-language daily newspaper in New York City, and the oldest Spanish-language daily in the United States; publishes a story on the continued fight by Chet Lukaszewski, P.C., on behalf of client Jackie Fernandez, in seeking line of duty death benefits from the FDNY Pension Fund,  following the Appellate Division Second Department ruling in March of 2011, which overturned the denial by Fund of Ms. Fernandez’s application for the same under the World Trade Center Law (which she submitted prior to hiring Chet lukaszewski, P.C.), in connection with the death of her husband, a FDNY Lieutenant who had run 9 marathons during his career, and spent hundreds of hours at the World Trade Center site, and retired in good health in 2002, but thereafter began to suffer various health issues, and eventually died in July 2006 at the age of 52, as a result of a complex cardiac event while playing in shallow water with his young nephew in full view of his family while on vacation, where Ms. Fernandez’s multiple medical experts found her husband to have died as a result of his toxic 9/11 exposures, as evidenced by coal dust found throughout his body during an autopsy, including his lungs, and other scientific indicators that demonstrated that his body, particularly his heart, had been weakened by the toxins, which lead to the cardiac event that caused his death. The Pension Fund found the death to simply be a drowning, and then in Court the Fund and City argued that even if the Lt. Fernandez was caused to drown by a cardiac event, it was a standard heart attack, with no WTC exposure connection.  The Appellate Court remanded the case to the Pension Fund with strong instructions, but the Fund continues to withhold the pension sought, and Chet lukaszewski P.C. continues its efforts on Mrs. Fernandez behalf, with the hope of a successful outcome.
(click HERE for the full story)

March 9, 2011 - Chet Lukaszewski appears on Good Day New York, on Fox 5, with client Jackie Kaht Fernandez, to discuss recent Appellate Division Second Department decision in favor of his client, who is the widow of an FDNY 9/11 first responder.
(click HERE for video and story)

December 20, 2010 – The Chief Leader newspaper publishes ‘Letter to Editor' by Chet Lukaszewski, under heading: End Politics Over Zadroga.
The following is a letter that was sent to select U.S. Senators by my law firm at the urging of the Feal Good Foundation, which it is believed could potentially break the Republican filibuster which is currently preventing the James Zadroga Bill from becoming law. I encourage all to reach out to the Foundation for the list of Senators who could be swing votes in this critical and monumental piece of legislation.

December 6, 2010 – The Chief Leader newspaper publishes story ‘Court Tells Police Board Must review Pension Plea Based on Mental Condition’, which reports on the Chet Lukaszewski, P.C., case Rosenthal v. Kelly; where the Supreme Court, New York County, vacated the Accident Disability Retirement (“ADR”) pension denial, and award of a lesser Ordinary Disability Retirement (“ODR”) pension, by the NYPD Pension Fund. The case involved a former NYPD police officer who had presented extensive evidence of a causal link between her line of duty injury(s) and orthopedic conditions, and the development of a psychological condition known as Somatization Disorder. The article discusses the fact that the petitioner applied for a disability pension for her physical injuries, and it was the Pension Fund’s Medical Board who diagnosed Somatization Disorder; but did in fact feel it was linked to her line of duty injury(s), and thus she was entitled to a ‘three-quarter’ ADR pension. However the Pension Fund’s Board of Trustees refused to accept their own Medical Board’s multiple detailed explanations, and denied ADR and instead retired the petitioner on ODR. The Court found that the Board of Trustee had acted improperly and remanded the case for further consideration in keeping with the strongly worded decision.

August 17, 2010 – The Chief Leader newspaper publishes story Appellate Ruling Reins In Medical Boards’ Powers , which reports on the Chet Lukaszewski, P.C., case  Kiess v. Kelly; where the Appellate Division First Department reversed the decision of the Supreme Court, New York County, which upheld a disability pension denial in the case of a former NYPD police officer who had presented extensive evidence of severe line of duty related spinal injuries. The article discusses the magnitude and potential positive effects the decision will have for disability pension applicants; quoting several experienced pension attorneys who praise Chet Lukaszewski for obtaining the ruling.
(click HERE for full story; or click this link to paper’s website )

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.

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.)

* Disclaimer as per disciplinary rules : "prior results do not guarantee a similar outcome."



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