dojN002515.xml

dojN002515.xml

born-digital

email

yes

no

2002-01-21

Monday, January 21, 2002 11:06 PM
(no subject)

After much thought, I have decided to voice my opinion concerning the
September 11th Victim Compensation Fund. My husband was killed on September
11th. He was employed by &nbsp&nbsp&nbsp&nbsp .

I disagree with the collateral source deductions. I believe as a matter of
public policy it is wrong to penalize the victims by deducting life insurance
benefits, death benefits, pension plans etc. from any award as set forth in
the Special Master's statement. Moreover, I believe the interpretation of
the statute by the Special Master is incorrect. While Section 104.47 does
require reduction of an award by the above mentioned collateral source
compensation it further requires that the compensation be "related to the
terrorist-related aircraft crashes of September 11, 2001.". Websters New
World Dictionary, 2nd Edition defines "related" as "...2. connected or
associated, as by origin or kind...". I believe that if the payment could
have been made under any other circumstances other than the terrorist attacks
then it cannot be considered a collateral source compensation. Additionally,
the origin of these payments is from responsible planning on the part of the
decedents and their families and not from the terrorist attacks. If Congress
had truly wanted all those items to be deducted they would have ended the
sentence without the additional above quoted language. Any other
interpretation would render the additional language superfluous. In the
interest of justice it should be interpreted in a light most favorable to the
victims' families.

I appreciate the opportunity to voice my concerns. I have included my name
and address, which I trust is needed only to verify the validity of the
comments and will not be part of the public record.

Individual Comment
Chatham, N.J.

2002-01-21