A claim for compensation for workers filed by a New York State Police soldier assigned a checkpoint one mile from the World Trade Center in the days following the terrorist attacks in New York may continue, a court of appeal in New York ruled Thursday.
A decision from 2019 by the State Workers' Compensation Board stated that measures taken by trooper Christopher Bodisch from 31 January-Feb. 6, 2002, did not qualify to participate in the World Trade Center Rescue, Recovery and Rehabilitation Operations, according to documents in In the Matter of Christopher R. Bodisch v. New York State Police et al., filed in the Appeals Division of the Supreme Court of New York, the Third Chamber of Albany.
Mr. Bodisch claimed that he had suffered from gastroesophageal reflux disease and damage to his esophagus as a result of being close to the scene, according to documents. damages arising from an environmental condition specific to the workplace and not from the nature of his employment, ”the documents state. The board then treated the claim as one for accidental damage and rejected the claim and found it too early according to documents.
Mr. Bodisch, on appeal, testified that his duties at the checkpoint included stopping traffic and clearing routes for emergency and construction vehicles traveling to and from zero. According to the complainant, he helped to get vehicles through the checkpoint, "if it was construction, whether it was (f) their department (or) family members," the documents state.
On appeal, a panel of five judges unanimously ruled on Thursday that by "providing such assistance, we find that the applicant's activities had a concrete link to rescue, recovery and decontamination operations at the World Trade Center."
The panel ordered that the decision be "amended, at no cost, by returning as much of what rejected the claim as premature" and submitted to the Workers' Compensation Board for further negotiations.