N001940
Thursday, January 17, 2002 12:26 PM
September 11th Victim Compensation Fund of 2001
Dear Mr. Zwick:
My husband was killed on September 11th, 2001.
He was and
worked in the North Tower at the World Trade Center. I am writing to you
today to express my great dissatisfaction regarding the Interim Final Rules
of the proposed September 11th Victim Compensation Fund of 2001. Generally
speaking, I believe that these rules are a betrayal to the victims' families
and that they must be rewritten to agree with the statute passed by Congress
to create this fund. Following are my comments regarding specific elements
of these rules:
* Nothing in the statute suggests that the determination of economic
loss be limited to a pre-determined amount or cap. Each case must be
considered on an individual basis based on the individual circumstances of
each claimant and the award be independent of any decision made for any
other victim's family. I feel that these regulations must be rewritten to
permit economic losses be calculated in each individual case based upon the
facts and circumstances of each claim.
* The regulations for economic loss also must be rewritten to ensure
that calculation of economic loss takes into account ALL elements of
employee compensation paid by the employer including, but not limited to,
pension benefits, stock option grants, retirement programs, etc.
* As far as non-economic loss is concerned, nothing in the statute
allows for a pre-determined amount or cap to be placed on any non-economic
loss such as losses for physical and emotional pain, suffering,
inconvenience, loss of companionship, loss of enjoyment of life, etc. It
must be ensured that the proposed cap of $250,000 for pre-death pain and
suffering by the victim along with $50,000 each for the spouse and
dependents is eliminated and that any monetary determination for
non-economic loss be solely based on the individual facts and circumstances
of each claim.
* Placing the burden of proof on the claimant in order to be
successful in obtaining an award in excess of the pre-determined presumptive
guidelines is an abuse of the power of discretion given to the Special
Master of this Fund. Also, the Special Master's reliance on a claimant's
ability to show extraordinary circumstances is, in fact, contrary to the
direct mandate of this legislation. I think it is important to note that
nowhere in the statute passed by Congress does it state that awards should
be based on any limiting factor. It does require, however, that the award
reflect the economic and non-economic harm suffered by the claimant.
In closing, I want to thank you for giving me the opportunity to express my
opinion regarding this Fund and trust that all appropriate action will be
taken by your office to ensure that every victim's family affected by the
horrible events of September 11, 2001 that file a claim for an award receive
the individual consideration it deserves.
Sincerely,
Individual Comment
Monroe Township, NJ