Court overturns denial of benefits to World Trade Center site volunteer

A New York appellate court overturned the denial of benefits to a crisis response worker for her toxic exposures at the World Trade Center after the Sept. 11, 2001, terrorist attack.

Cynthia Goss was retained to provide crisis services to first responders for 10 days following the attack. She mainly worked at a command center set up by her employer at a hotel near the WTC site, according to Matter of Goss v. WTC Volunteer, filed March 13 in the Appellate Division’s 3rd Department.

After her paid assignment ended, a rescue and recovery coordinator for the New York Police Department asked Ms. Goss to continue providing services as a volunteer for 20 days, supporting rescue, recovery and cleanup operations 600 feet from the WTC site.

In 2018, Ms. Goss filed a claim for workers compensation benefits for injuries she sustained due to exposure to toxins at the site. A workers compensation law judge determined that Ms. Goss was a volunteer during her engagements and that the Uninsured Employers’ Fund would be the liable insurer if she established her claim. The judge later established a claim for sarcoidosis.

The state Workers’ Compensation Board reversed.

In overturning the board’s ruling, the appellate court noted state law was enacted to remove statutory obstacles to timely claims filing and notice for latent conditions resulting from hazardous exposure for those who worked in rescue, recovery or cleanup operations at the WTC.

“It is undisputed that this legislation was intended to be liberally construed to provide a potential avenue of relief for workers and volunteers suffering ill health as a result of their efforts in the aftermath of the terrorists’ attacks,” the court said.

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