September 2021 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. The Legal Report has often covered the requirements of obtaining a ¾ Accidental Disability Retirement pension versus a ½ Performance of Duty Disability pension. In order to qualify for either of these disability retirement benefits the applicant must prove he or she is permanently incapacitated for the… Read More


June 2021 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. It was our esteemed privilege to once again address the executive board, and the delegate and trustee bodies at the most recent educational seminar presented by the PBA. These opportunities are always fantastic for both us and the leadership body to have the chance to discuss the… Read More


May 2021 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. As the past year has taught us, we must remain ever vigilant in protecting ourselves from the uncertainties that the world possesses. In 2019, we never would have envisioned writing articles about protecting members from the dangers of a pandemic or dealing with the aftereffects of a… Read More


March 2021 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. Being an attorney carries responsibilities that can entail daunting tasks when you begin to factor in all the potential issues that can crop up in a particular case. Representing clients in disability cases such as the cases that we work on share many concerns. And to a… Read More


January 2021 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. All members should already be aware of the Medical Review procedure that exists to challenge a decision of the Department’s Police Surgeons on several issues. However, it is always important, especially at the beginning of a new year to remind you of the process. For starters, this… Read More


December 2020 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. As 2020 comes to a close, it goes without saying that we have all experienced some degree and level of hardship when it comes to COVID-19.  Unfortunately, some of us have known people or even loved ones that have been terribly sick or even passed away due… Read More


November 2020 Legal Report

There are topics that we repeatedly write about in the Legal Report, and there is a very good reason for this.  When we see many of the same mistakes or issues over and over again, it becomes apparent that these become the topics worth reminding the members about, so they can avoid these issues in… Read More


October 2020 Legal Report

To say that it has been a tough year on many fronts would be a total understatement.  From pandemics to protests to the general battles that members are always facing, 2020 will go down as probably the most trying year in most of our lives.  Coming in to any year, most people face the upcoming… Read More


September 2020 Legal Report

It has certainly been an interesting year to say the least.  Between a pandemic and societal upheaval, the world as we knew it was thrown for an entire loop through the better part of 2020.  However, with all that has gone on in this crazy year, the world of disability law has continued to flow… Read More


April 2020 Legal Report

Given the recent outbreak of COVID-19, there has understandably been a great deal of concern in the public regarding exposure and contracting the disease.  That is true for all members of society including public employees, as well as private sector workers such as those who work in our offices.  In general, governmental agencies, the media,… Read More


March 2020 Legal Report

LEGAL REPORT  By: Milan Rada, Esq. with John Hewson, Esq. The start and foundation for any viable disability claim is the initial event that causes an officer’s injury.  It is at that exact moment that the structure of the case is formed including whether the case will be a potential accidental disability retirement (3/4) claim,… Read More


February 2020 Legal Report

LEGAL REPORT By: Milan Rada, Esq. with John Hewson, Esq. As you are well aware, there are a number of disability benefits that exist to protect members of law enforcement when they experience a work related, line of duty injury.  However, one of the benefits that we typically discuss less frequently is the Social Security… Read More


January 2020 Legal Report

LEGAL REPORT By:  Milan Rada, Esq., and John Hewson, Esq. As we begin 2020, there are always a few things that we think are worth mentioning and  providing a few friendly reminders at the start of another happy and healthy New Year. So, we are using this month’s Legal Report to go over some of… Read More


December 2019 Legal Report

LEGAL REPORT By: Milan Rada, Esq., with John Hewson, Esq. The primary goal of the Legal Report is to educate the membership so that avoidable mistakes are not made when one of you is injured in the line of duty.  Of course, some mistakes aren’t entirely avoidable and not every case can be a three-quarter… Read More


October 2019 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq.  As we have written over the past several years, the laws and circumstances surrounding Accidental Disability Pensions have changed dramatically over the years, and they have definitely not changed for the better.  The Retirement System appears to have made a concerted effort over the past two decades to narrow the definition of… Read More


September 2019 Legal Report

By: Milan Rada, Esq., with John Hewson, Esq. As the summer winds down into fall the best gentle reminder of the changing of the seasons seems to be the return of another season of the Nassau County PBA Newsletter. And with the new edition of the newsletter comes another legal Report for the month of… Read More


June 2019 Legal Report

By: Milan Rada, Esq., with John Hewson, Esq. We recently had the opportunity to be speakers at the Delegate Education Seminar held in April. From our perspective, the information provided by all of the speakers that day was extremely valuable.  We hope that each of the delegates had the chance to learn something new and… Read More


May 2019 Legal Report

By: Milan Rada, Esq., with John Hewson, Esq. We recently met with a client who retired on a regular service pension with over 25 years on the job. He had an existing Workers’ Compensation case for an injury he sustained in the late 2000s for which he was still treating, but it likely was not… Read More


April 2019 Legal Report

By: Milan Rada, Esq., with John Hewson, Esq. On countless occasions, we have written about the importance of accident reports and how the initial accident report can often make or break a claim.  Of course, in the heat of the moment and right after an injury occurs, it is incredibly difficult to play out the… Read More


March 2019 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. and Ken Beskin, Esq. Fusco, Brandenstein & Rada, PC, is a full-service disability law firm, and so there are many benefits beyond simply Workers’ Compensation, Social Security disability, and Disability Pensions that our experienced and hard-working attorneys assist clients to obtain.  One of the more expansive systems… Read More


February 2019 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq.                 We’re sure that it comes as no surprise to hear that MAO has been giving police officers a particularly difficult time. We have found that in many instances where a police officer is faced with an unfavorable determination by the Police Surgeon or MAO the officer… Read More


January 2019 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. Being able to see clients on a regular basis both in the office and at meetings, gives us quite the opportunity to interact with the men and women of the Department to find out what their concerns are and what gossip or rumors they are hearing in… Read More


July 2018 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. In last month’s Legal Report we discussed how an administrative hearing pursuant to Sec. 207-c of the General Municipal Law (GML) is used to challenge an unfavorable line of duty determination by the Police Department. In that Legal Report, we also mentioned that Deputy Chief Ronald J.… Read More


June 2018 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. In last month’s Legal Report we discussed how an administrative hearing pursuant to Sec. 207-c of the General Municipal Law (GML) is used to challenge an unfavorable line of duty determination by the Police Department. In that Legal Report we also mentioned that Deputy Chief Ronald J.… Read More


May 2018 Legal Report

By: Milan Rada, Esq. with John Hewson, Esq. You may have heard rumors that the Police Department has begun to schedule “207-c” hearings. The rumors are true. So, what is a “207-c” hearing and why is it important to you?   “207-c” hearings are held pursuant to NYS General Municipal Law (GML) Section 207-c, which… Read More


April 2018 Legal Report

By: Milan Rada Esq., with John Hewson, Esq. An incredibly illustrative set of cases was recently decided by New York State’s highest court, the Court of Appeals, regarding the issue of “accident” versus “incident” in the realm of disability pension cases.  For years, you have read how difficult the Retirement System has made the issue… Read More


March 2018 Legal Report

Legal Report By: Milan Rada Esq., with John Hewson, Esq. An interesting position has been percolating in the evaluation of injury and disability by the Police Department and the NYS Police and Fire Retirement System over the past year to year and one-half: this position involves connecting injuries and disabilities to a specific (and usually… Read More


February 2018 Legal Report

Legal Report by Milan Rada, Esq. with John Hewson, Esq. When a police officer or firefighter, who is a member of the New York State Police and Fire Retirement System, suffers a line of duty career-ending injury, (s)he may be entitled to a disability retirement pension. There are two line of duty disability pensions that… Read More


December 2017 Legal Report

Legal Report by Milan Rada Esq., with John Hewson, Esq. With the end of another year comes a time for reflection on what has transpired and changed over the course of just twelve months.  We look back at things that have happened in all aspects of our lives including our personal and professional lives.  Similarly,… Read More


November 2017 Legal Report

Legal Report by Milan Rada, Esq. with John Hewson, Esq. We have written many Legal Reports explaining and describing what constitutes an “accident” so as to qualify an injured police officer for the more generous pension of ¾ of final average salary, tax free for life as opposed to a performance of duty disability pension… Read More


October 2017 Legal Report

Legal Report by  Milan Rada, Esq. with John Hewson, Esq. With yet again another recent anniversary of the September 11th tragedy, it is an ever-present reminder of the aftermath of those attacks and the injuries, disabilities, and deaths that it has left behind.  From respiratory conditions to cancers, the number of conditions that the World… Read More


August 2017 Legal Report

Legal Report by  Milan Rada, Esq. Labor Day arrives – it’s the end of the summer, teachers, and kids are back to school, PBA Open Meetings resume (3rd Thursday of every month @ 8 PM; September 21 is the next Open Meeting), adults have to get out of vacation mode and get serious and the… Read More


June 2017 Legal Report

Legal Report by Milan Rada, Esq. and Joseph S. Bavaro, Esq. HOW THE LAW PROTECTS POLICE OFFICERS INJURED IN THE PERFORMANCE OF THEIR DUTIES: General Municipal Law 205-e If a police officer is injured by a third party (someone who is not the employer, someone who is not the agent of the employer or someone… Read More


May 2017 Legal Report

Legal Report by Milan Rada Esq., with John Hewson, Esq. As we approach the summer months, we often forget how rapidly these months seem to go by.  All of a sudden it’s the fall, and before we know it, we are almost through 2017. A major topic of discussion throughout the end of last year… Read More


April 2017 Legal Report

Legal Report by Milan Rada, Esq. with John Hewson, Esq. Working as a police officer is a dangerous and high-risk profession in which injuries are an unfortunate result of simply doing the job.  Further, we have seen over the years that very rarely does a police officer with years of service ever go to work… Read More


March 2017 Legal Report

Legal Report by Milan Rada, Esq. with John Hewson, Esq. Recently a police officer called to tell us that he tweaked his back getting out of his police car one morning when he lost his footing on some ice. He had an older line of duty aided number for a prior back injury and he… Read More


February 2017 Legal Report

Legal Report by Milan Rada Esq. with John Hewson, Esq. We all know the old adage about a tree falling in the forest without no one around.  Unfortunately, the same is true of injuries that go unreported.  Did the injury actually happen if no one knows about it?  It sounds more philosophical than it should… Read More


January 2017 Legal Report

Legal Report by Milan Rada Esq., with John Hewson, Esq. There are several recurrent themes that we see over and over again when we do appointments with members.  Thankfully, most of these issues are easily dealt with. The troubling part is that several are so important that they continuously warrant discussion and need to be… Read More


January 2017 Legal Report

Legal Report by Milan Rada, Esq. with John Hewson, Esq. At the start of the New Year, we feel it is beneficial to stress the importance of certain fundamental requirements as they relate to line of duty injuries: 1) Per the Department Manual, you MUST report your injury to the Department within seven (7) days of… Read More


June 2016 Legal Report

Legal Report By Milan Rada, Esq. with John Hewson, Esq. We have not written about Social Security Disability Benefits with the same frequency as accidental and performance of duty disability benefits (3/4 and ½). Nevertheless, Social Security Disability Benefits can be just as important a part of post retirement financial planning as many of the… Read More


May 2016 Legal Report

Legal Report By Milan Rada, Esq. with John Hewson, Esq. Every case comes with its own hurdles, and even with the best set of facts, one of those hurdles can very easily destroy any chance of receiving a benefit to which an injured officer would otherwise be entitled. Our goal is to educate members of… Read More


Our Police Disability History

In 1988, the newly elected president of the PBA, Gary DelaRaba, brought a brilliant and innovative concept to lawyering for police unions. DelaRaba decided that he would hire expert law firms that concentrated their practice in a particular specialty, rather than have one firm to handle all the union’s business. After conducting an extensive vetting… Read More


April 2016 Legal Report

Legal Report By Milan Rada Esq. with John Hewson, Esq. Here is a scenario that is playing itself out over and over again. A police officer becomes injured in a bonafide accident on the job. There is no question that it is a 3/4 type of scenario. The officer is left with significant injuries that… Read More


March 2016 Legal Report

Legal Report By Milan Rada, Esq. with John Hewson, Esq. We are experiencing significant changes in every area of life: technology, transportation, entertainment, communication, and law enforcement, to name just a few. The practice of medicine is no exception as changes, for example, in the delivery of medical care are directly impacting disability cases and… Read More


February 2016 Legal Report

Legal Report Milan Rada, Esq. with John Hewson, Esq. As much as we hope that the information that we provide will filter its way to each and every member of the Nassau County Police Department, we are often struck by how many times we have consultations with clients that unfortunately end with bad news for… Read More


January 2016 Legal Report

Legal Report By Milan Rada Esq. with John Hewson, Esq. Even though we start 2016 with the hopes of health and prosperity for all of our friends and clients, we recognize the reality that many will unfortunately suffer injuries over the course of the next 12 months and beyond. Therefore, we are taking this opportunity… Read More