THE ASSEMBLY STATE OF NEW YORK ALBANY

MATTHEW J. TITONE Assemblyman 61st District Richmond County COMMITTEES Environmental Conservation Health Judiciary Social Services Tourism, Parks Arts and Sports Development Transportation

July 28, 2011 Dr. John Howard, Director National Institute for Occupational Safety and Heath 395 E Street, S.W. Suite 9200 Patriots Plaza Building Washington, DC 20201 Dear Dr. Howard: As a representative of the borough that was hardest hit on September 11, 2001, I was appalled to read that the NIOSH has refused to include cancer as a compensable illness under the Zadroga 9/11 Health and Compensation Act. It took ten years before the legislation that granted first responders the right to compensation for the injuries and illnesses they sustained during their heroic actions was passed. To ask that those suffering and dying from cancer wait until the middle of next year for yet another study is unacceptable. I strongly recommend the implementation of a presumption that a first responder diagnosed with cancer contracted the disease as a result of his or her exposure to carcinogens at Ground Zero. A report by your own agency stated that our first responders were exposed to high concentrations of numerous carcinogens that have been strongly associated with various cancers.1 To now place the burden of proving that these exposures were the cause of the disease in a first responder who is suffering with cancer is unconscionable. Our first responders are heroes who deserve more than just our gratitude. Sincerely,

Mattehew J. Titone Member of Assembly

1

The World Trade Center Medical Monitoring and Treatment Program Data and Coordination Center, Response to Request for Information on Conditions Relating to Cancer to Consider for the World Trade Center Health Program, March 24, 2011.
ALBANY OFFICE: Room 643, Legislative Office Building, Albany, New York, 12248 518-455-4677. FAX 518-455-5946 DISTRICT OFFICE: 853 Forest Avenue, Staten Island, New York 10310 718-442-9932, FAX 718-442-9942 E-mail: titonem@assembly.state.ny.us

MJT:ls Cc: Senator Kirsten Gillibrand 780 Third Avenue, Suite 2601 New York, New York 10017 Senator Charles E. Schumer 757 Third Avenue, Suite 17-02 New York, NY 10017 Congressman Michael Grimm 265 New Dorp Lane, 2nd Floor Staten Island, NY 10306

ALBANY OFFICE: Room 643, Legislative Office Building, Albany, New York, 12248 518-455-4677. FAX 518-455-5946 DISTRICT OFFICE: 853 Forest Avenue, Staten Island, New York 10310 718-442-9932, FAX 718-442-9942 E-mail: titonem@assembly.state.ny.us