A WTC Casualty
Cop Gets 2nd Shot At Better Pension

By REUVEN BLAU

Police Officer Michael Dodd rushed to the World Trade Center on 9/11 and was later diagnosed with a breathing ailment and stress disorder, which entitled him to a disability retirement.

But the added benefit was suddenly revoked after he sought to clarify whether he could receive the pension retroactively from the date he retired under the World Trade Center Disability Law.

Must Review Case Again

Manhattan Supreme Court Justice Walter B. Tolub ruled last week that the Police Pension Fund Board of Trustees' decision to suddenly downgrade the pension to an ordinary disability was "arbitrary and capricious," and ordered the panel to review his petition.

"It's an important decision, because they gave it to him and then took it away," asserted Officer Dodd's attorney, Jeffrey L. Goldberg.

On 9/11, Officer Dodd was positioned in the North Tower helping people evacuate the building when the second plane struck the South Tower. He was at the scene when both towers collapsed, and began having trouble breathing after inhaling the debris and toxins created by the implosions. He also started to suffer from Post-Traumatic Stress Disorder, according to his doctors.

Initially Rejected

Later that month, he filed for the accident disability retirement benefit. The Police Pension Fund's Medical Board, however, rejected that application.

In June 2005, then-Governor Pataki signed into law the World Trade Center Disability Law, which allowed sick 9/11 rescue workers - who responded on that day or worked for 40 hours nearby - to seek added relief via boosted retirement benefits.

Citing that legislation, Officer Dodd then reapplied for the disability pension. The Police Medical Review Board voted unanimously to grant him the added pension, concluding that he was suffering from "post traumatic stress disorder - late onset."

But it was unclear whether he was given the disability pension, which kicks in retroactively to his retirement date, via the WTC law, or received just a standard accident disability award, a pension hike that applies right after the board's vote.

"The language was kind of ambiguous," his attorney Mr. Goldberg said during a phone interview.

On March 23, 2007, Mr. Dodd received a letter from the General Counsel of the Police Pension Fund informing him that in reviewing that issue, the board decided to downgrade his pension to an ordinary disability one, noting that he never worked the required 40 hours at or near Ground Zero.

Justice Tolub noted that at the outset there was a "significant amount of confusion" concerning which law Mr. Dodd was seeking reclassification under. He ruled, however, that the Police Pension Fund Board failed to properly take into account his complete petition and record.

"It appears from the papers, and notably, the annexed transcripts, that evidence existed which was reviewed by the Medical Board, but apparently never considered by either the Board of Trustees or the Fund," he concluded.

He called the Board's decision to revoke the disability pension "arbitrary and capricious" and ordered the panel to review Mr. Dodd's case again.

Blocking Other Requests

Mr. Goldberg hailed the decision and said that he would withdraw the request for retroactive money.

"It's more likely than not that they are going to give it to him, but until I see it in writing I'm not going to say anything," he added, referring to the disability pension.

Asked whether he believed the court decision might set a precedent for other similar appeals, he responded, "Nothing's a precedent to the City of New York."

Mr. Goldberg contended that the pension board has currently blocked practically all disability pension applications. "They run hot and cold," he remarked. "I'm naive and think they should treat people right. People are getting knocked out left and right. They are playing the war of attrition and they are very good at it. A lot of people might not be around to see the pensions that they are entitled to."