W000338
Tuesday, November 13, 2001 3:35 PM
Fw: VICTIMS COMPENSATION FUND COMMENTS
DEAR MR. ZWIK,
I AM PROVIDING THE FOLLOWING COMMENTS FOR YOUR CONSIDERATION IN REGARDS TO
THE SEPT 11TH VICTIMS COMPENSATION FUND. FIRST AND FOREMOST, THE LAST
THING
THE VICTIMS FAMILIES (HEREIN REFERRED TO AS THE FAMILIES) NEED IS
PROTRACTED
LITIGATION. ALACRITY IS ESSENTIAL. IT IS MY UNDERSTANDING THAT THE FUND
WILL BE STRUCTURED TO ENCOURAGE THE FAMILIES TO SURRENDER THEIR RIGHTS TO
SUE. THAT BEING SO, I RECOMMEND THE FOLLOWING GROUND RULES:
1. ANY AWARD WILL NOT BE REDUCED FOR OTHER BENEFITS (E.G., INSURANCE,
PENSION, AND DEATH BENEFITS). THE OTHER BENEFITS WERE PAID FOR SEPARATELY
AND SHOULD HAVE NO BEARING ON THE AWARD.
2. THE FAMILIES RETAIN THE RIGHT TO APPEAL.
3. IF THE APPEAL IS NOT AN OPTION, THEN THE FAMILIES WOULD CHOOSE THEIR
MEDIATOR FROM A LIST PROVIDED BY THE GOVERNMENT. THIS LIST WOULD INCLUDE
BACKGROUND INFORMATION ON THE MEDIATORS SO THAT THE FAMILIES MAY MAKE AN
ENLIGHTENED CHOICE.
4. THE FAMILIES SHOULD HAVE SOME FORMULA TO CALCULATE A MINIMUM,
ACCEPTABLE
AWARD. THE FORMULA SHOULD CONSIDER LOST FUTURE EARNINGS, NUMBER OF
CHILDREN, STANDARD OF LIVING, ETC.
5. ESTABLISH PARAMETERS TO CALCULATE PAIN AND SUFFERING AT THE MEDIATION
HEARING.
6. IF THE MEDIATOR DOES NOT ADHERE TO THE ESTABLISHED PARAMETERS, THE
FAMILIES MAY APPEAL.
7. THE AWARD MUST ENCOMPASS MORE THAN LOST FUTURE EARNINGS. IT MUST
CONSIDER EMOTIONAL SECURITY, FAMILY DEVELOPMENT, AND OTHER NON-TANGIBLES.
8. THE AWARD WOULD BE AN "AWARD" AND THEREFORE NONTAXABLE BY FEDERAL,
STATE, AND LOCAL GOVERNMENTS.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
MAJOR, US MARINE CORPS RETIRED
Individual Comment