The Bravest
OFFICIAL PUBLICATION OF THE
5-5-5-5
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
SEPTEMBER/OCTOBER 2006
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President’s Message By STEPHEN J. CASSIDY
ith great sadness tragedy struck our job again on Sunday, August 27, 2006. Firefighter Michael C. Reilly of Engine 75 and Lt. Howard Carpluk of Engine 42 succumbed to injuries sustained at Bronx Box 3-3 2797. All too often we are reminded how dangerous being a New York City Firefighter is. We will always keep them and their families in our thoughts and prayers. It was especially difficult to lose these Firefighters so close to the 5th anniversary of the September 11th attacks on the World Trade Center. On Sunday, September 10th a Memorial Service was held at St. Patrick’s Cathedral for the families of victims. On September 11th, the Companies of the 18th Battalion hosted a memorial service at the Firefighters Monument to honor the 343 brothers who made the supreme sacrifice. In the morning of the 11th, I joined President Bush, along with Firefighters, NYPD, and Port Authority Police Officers at a breakfast at “Fort Pitt” firehouse (E-15, L-18) to honor many of the first responders who lost their lives while saving others. We must never forget our heroic fallen brothers. To that end I continue to lobby politicians to recognize our fallen brothers by building a
Lt. Howard Carpluk lasting tribute that properly memorializes them at the World Trade Center site. The UFA Executive Board is proud to announce that Governor Pataki signed the Stroke Presumption Bill for New York City Firefighters. This bill was the number one priority on the UFA’s legislative agenda this year and last, and represents a major victory for the union and all of its members. Jim Slevin spearheaded our efforts relentlessly pressing Albany and City legislators. This bill was strongly opposed by the Mayor and City Hall who put on a fullcourt press to have it vetoed by the Governor.
Firefighter Michael C. Reilly In the end the UFA prevailed in its argument that Firefighters who suffer from strokes are entitled to presumptive accidental disability benefits due to the higher rate of strokes among Firefighters. It is a fact that New York City Firefighters have been suffering strokes at increased levels, as compared to the general population, and this is an especially significant concern because there are a number of young Firefighters who have recently been stricken with career ending strokes. It was for this reason that the Stroke Presumption Bill was our top legislative priority.
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President’s Message
(Continued on page 1) After two years of revisions the bill ultimately passed the Senate and Assembly and the Governor determined the legislation was merited, due to the unique dangers of our firefighting duties. Until this bill became law, when a Firefighter’s career was ended prematurely by a stroke, it was not considered to be work related. The effort that went into gaining passage of this bill was considerable. On June 6th hundreds of our Firefighters joined the UFA Executive Board for Lobby Day in Albany to have face-to-face meetings with their respective legislators discussing the UFA legislative agenda, including the Stroke Presumption Bill, the WTC Presumption Bill, and other matters before the legislature. The feedback from members of the legislature and their staff was very powerful. Among those who took part in the UFA’s 2006 Lobby Day was Firefighter Kevin Malone (E-315) and his wife Monica. Last year Kevin suffered a severe stroke. I would like thank UFA Vice-President Jim Slevin and all the members who participated in making Lobby Day such a strong success. Our members who actively support the UFA’s FirePac also deserve a tip of the hat. During this election cycle it’s important that we make ourselves available to volunteer for candidates that support the UFA legislative agenda. We are once again in contract negotiations. The UFA Executive Board has had several meetings with the Office of Labor Relations (OLR) and future sessions have been scheduled. The UFA is the only uniformed union currently in contract negotiations for this round of bargaining. The PBA is in negotiations with OLR but they are four years behind us. Their current contract expired July 31, 2002. Our current contract expired July 31, 2006. Several other uniformed unions that recently settled their contracts with the City (that mirrored our four-year deal) are not set to begin negotiations until mid-2007 or 2008. In the last two rounds of contracts other uniformed unions were forced to extend their contracts to match the same wage increase as the UFA. I will continue to push forward to attain the maximum wage benefit for the dangerous job we do and for our added responsibilities in this age of terrorism.
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SEPTEMBER/OCTOBER 2006
A solemn and silent tribute to Firefighter Michael C. Reilly
Those gathered stand at attention as the casket carrying Firefighter Michael C. Reilly arrives at St Paul RC Church in Ramsey, NJ for the funeral services.
Photos: By Todd Maisel, NY Daily News
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A final salute is rendered to a fallen hero by those assembled as the casket is carried from the church.
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SEPTEMBER/OCTOBER 2006
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Governor Pataki Signs Stroke Bill, WTC Death Benefit Presumption
By JAMES SLEVIN UFA Vice President/ Legislative Chairman
T
he 2006 legislative session is turning out to be a very successful year for the UFA. Two major pieces of legislation that were priority bills for the UFA were signed into law by Governor Pataki. The Stroke Presumption Bill and the WTC Death Benefit Bill. Both pieces of legislation will provide greatly needed benefits to the Firefighters and families that qualify for them. Your union lobbied hard to secure passage of this legislation. Many obstacles had to be overcome, including fierce opposition from the administration. The provisions of WTC Death Benefit Bill state that surviving beneficiaries of Firefighters who die from a 9/11 related disease will now receive line-of-duty death benefits even if the member is already retired. If the survivor is a spouse, the benefit is paid until the spouse dies; if it is a child, benefits continue until the child reaches 18. This bill is a great win for the members of the UFA and hopefully we will not see many families applying for this benefit. The original WTC Presumptive Illness Bill, which was signed into law in June of 2005, now provides this important benefit for the families of Firefighters that succumb to their illness. The other monumental piece of legislation that was signed into law for the UFA was the Stroke Presumption Bill. The idea for this bill came about three years ago. As a member of the Pension Board, I noticed that numerous Firefighters were being afflicted with strokes and then consequently being retired for ordinary disability. I felt that there must be some connection to the stresses and hazards associated with our job and to the strokes with which these Firefighters were being afflicted. I contacted the IAFF and asked them to provide me with research and data about Firefighters and strokes. This data proved invaluable in helping us pass this legislation. In addi-
tion, the IAFF also provided me with a list of states that also recognized this causal link between Firefighters and the higher incidence of strokes compared to the general population. The final argument for passage of this bill came when the Federal Government changed the law to include strokes under the Public Safety Officer Benefit. Once we had all of this information we went to work in drafting the legislation and then proceeded to lobby the Albany legislators. The language of the bill made it retroactive to January 1, 2002 to cover the members that previously were retired for ordinary disability. Before we could get Albany to act on this bill we needed a home rule message from the City Council. We were told that they were not going to do it. At a meeting between myself and the Stephen Cassidy looks on as Governor Pataki signs the WTC City Council Speaker, I Death Benefit Bill explained why NYC Firefighters needed the bill. Ultimately our arguments prevailed home rule message. After some very perand on September 13th the Governor suasive points were made they agreed to do signed the Stroke Presumption Bill into law. the home rule. It took two years of hard The UFA would like to thank Governor work and revision to the bill, but we were Pataki, Speaker Silver, Majority Leader Joe finally able to get it passed by both the SenBruno, City Council Speaker Christine ate and Assembly in June of this year. Quinn and the sponsors of our legislation, Over the summer numerous meetings Assemblyman Peter Abbate and Senator were held with the Governor’s Staff about Marty Golden. In addition a special thanks the bill. The bill was finally sent to the goes out to all the members that attended Governor on September 1st. Steve CasUFA Lobby Day and the City Council sidy spoke with the Governor numerous home rule hearing. Your actions showed times and made the arguments for our posihow important it was to the legislators to tion. Mayor Bloomberg also personally make this bill a law. called the Governor and lobbied against the
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SEPTEMBER/OCTOBER 2006
NY State Senate Majority Leader Joseph L. Bruno (center) is flanked by UFA President Stephen J. Cassidy and Firefighter Kevin Malone, E-315, UFA Board members and Firefighters on UFA’s Lobby Day in Albany.
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SEPTEMBER/OCTOBER 2006
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By DANIEL MURPHY Manhattan Trustee
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Who’s Watching You?
ave you ever considered the fact that not a day goes by when you are not under surveillance? It’s estimated that the average person is under surveillance by between 10 and 100 cameras every day. Official estimates are not available; however, New York City is filled with tens of thousands of private and public cameras most of which are unregulated. According to an article by Lisa Hoffman for the Scripps Howard News Service, “virtually no one is keeping track of the use of these security devices.” Cameras are everywhere: inside and outside of buildings, on lampposts, in parks, store windows, ATM’s and more frequently on streets and in intersections. New York City is in the process of installing 500 cameras on street corners. Nowadays virtually every public and private area is being monitored. Post 9/11 New York has witnessed a surge in private surveillance cameras. For example, the New York Civil Liberties Union found that in 1998 there were 13 video surveillance cameras in Chinatown. In 2004 there were over 600 cameras. Go to: www.mediaeater.com/cameras/locations.html and you can see the locations of cameras in individual Community Boards in Manhattan. If you are surprised at how many cameras there are, you will be even more surprised to know that these camera counts are all pre-9/11 after which the numbers of cameras increased dramatically. Astonishing results appear when you Google the key words: surveillance cameras NY. Web sites allow anyone with
Coming In October UFA Fire Lines Special Endorsement Issue
Internet access to connect directly to surveillance cameras locally and around the globe. Hoffman points out that there are virtually no “enforceable regulations on such matters as who or what can be watched, how long images can be kept, who can see and share them, and where a person’s ‘zone of privacy’ begins, and what recourse or punishments exist if that privacy is abused.” Responding units must therefore consider that constant surveillance is inevitable and that there is no way to control who is watching and what will be done with these video images. Hoffman noted that these days cameras are available “that can record in near-total dark-
ness and are so powerful they can read a license plate up to a mile away or words on a cigarette pack 100 yards distant.” Safety is always paramount when responding but extra vigilance is required in practicing safer driving techniques. Proceed with extreme caution through red lights and stop signs. You are being watched! Should an accident happen with another vehicle or pedestrian while responding, it’s a good bet that the incident would be captured on a camera somewhere and ultimately shared with the media, the Department, and with the Corporation Council. Likewise, chauffeurs should remember that many accidents happen returning to quarters. Again, we all must presume that, like the general public, cameras are monitoring your every action. Don’t give the Department any opportunity to put you and your family’s livelihood in jeopardy – continue to drive safely.
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PLEASE POST
KNOW YOUR RIGHTS IF YOU ARE INVOLVED Page 6
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By Michael Block, UFA General Counsel
s general counsel for the Uniformed Firefighters Association, I, and members of the UFA’s Executive Board, are often faced with the question of how to properly advise firefighters who have been involved in rig accidents or serious/fatal fires. The common question is: “What should I do if a Fire Chief or a police officer wants to ‘interview’ me?” The answer to this question can be particularly important in these days of harsh FDNY discipline and potential civil liability. This article is intended to act as a general guide to UFA members who encounter such a situation. I recommend that UFA members familiarize themselves with its main points. 1. RIG ACCIDENTS (a) Police Questioning If you are involved in a rig accident, either as a chauffeur or as a passenger, you should immediately notify the Trustee on duty by calling the UFA general number 212-683-4UFA(4832) so he can be available for assistance and advice before any interviews or interrogation takes place. I must emphasize, however, the importance of realizing that you are under NO obligation to discuss an accident with the police. A police officer may ask the chauffeur for his license and also request identification of the other members on the rig. However, you have no duty under the law to discuss how the accident happened with the police officers. Although you should always use common sense, I suggest that everyone remember their right to refuse to answer questions put to them by the NYPD. This includes both questions posed by a responding patrol officer, as well as officers specifically assigned to investigate the accident (i.e., highway officers or detectives). Even if you have violated no traffic rules or regulations, I still recommend that you do not talk to the police. Can you imagine a police officer who collided his vehicle with a fire apparatus agreeing to give a statement to FDNY investigators? Of course not! We should not give statements to the police no matter how friendly or comforting they appear. Your officer has the duty to make out an Accident Report. That is one of the
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responsibilities of his rank. It is not your job. It is important to note, however, that if the rig has been involved in an accident, a police officer can request a field alcohol test - commonly know as the “Alco Sensor Test.” This is mandated by statute (Section 1194(1)(b) of the Vehicle and Traffic Law). You should submit to the test but, once again, do not answer specific questions. If you fail the Alco Sensor Test or if the police officer has reasonable grounds to believe that you are under the influence, he can ask that you submit to a further test, usually a breathalyzer, at the police station. If you refuse to submit to a breathalyzer test, your license will be automatically suspended for at least six months, unless you prevail at a “refusal hearing” that must be held at the Department of Motor Vehicles within 15 days. Essentially, the refusal hearing is held before a DMV Judge to determine whether the police officer had a reasonable ground to request a breathalyzer and whether you knowingly refused. Generally, it makes sense to submit to a breathalyzer test if you are certain you have not consumed alcohol. This is particularly true in light of the Fire Department’s right to conduct urine testing after a major accident, as noted below. I also note that a police officer can easily obtain a Court Order for a breath, blood or urine test if he has reasonable cause to believe that you were driving under the influence and you were involved in an accident that resulted in a fatality or a serious physical injury. (b) Fire Department Questioning The FDNY, unlike the police, does have a right to question firefighters, including a chauffeur, about the circumstances of a rig accident. As noted above, that right can include the right to demand a urine sample from the chauffeur when the chauffeur of any Department vehicle “may be responsible for a major accident” (AUC 202 - paragraph 6.2.2). Safety Bulletin No. 56 defines a major accident as: “An apparatus accident that results in either significant damage to the Department or civilian vehicle, or to private property. Any accident that results in serious injury or death to a civilian or member.”
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SEPTEMBER/OCTOBER 2006
If you believe that there is a serious issue as to whether “you may be responsible for a major accident,” or whether the accident qualifies as “major” within the above definition, you should make the position known to the Department and your union Trustee. Your Trustee will confront the Department on the issue and, hopefully, get it resolved. If that cannot be accomplished and you are ordered to provide a urine sample, you should obey the order and ask that the Chief or officer in charge note your objection in writing. If the test result is positive for an illicit substance, we may be able to suppress the evidence in Court if the Department lacked proper basis to request the sample in the first place. With regard to the questioning of members after a rig accident, the Department has the right to try to determine the circumstances or cause of an accident. Members other than the chauffeur are generally required to answer questions if they are physically or emotionally up to it. We have consistently urged the Department to wait for a day or two after an accident before questioning any members so that they may calm down. Such a delay will also permit the UFA to have a representative represent the member at the questioning. However, if a member is physically or emotionally up to it, the Department can question the member immediately after the accident with or without union representation. Indeed, such interviews occasionally take place before the UFA is even notified of the accident or is able to get to the accident scene. Once again, we recommend that members request union representation and note that request in writing before submitting to any interview. If at any time during an interview a member feels that he may possibly become a subject of Departmental charges, the member should immediately ask that the interview be suspended until he has an opportunity to have a UFA attorney present pursuant to the “Individual Rights” provisions of the Collective Bargaining Agreement (Article XVII). If the officer conducting the interview still insists upon answers, we generally recommend that you do answer while noting your objection. If it turns out that your rights were violated, none of the answers you provided can be used against you. (Continued on next page)
PLEASE POST
IN A RIG ACCIDENT OR SERIOUS FIRE SEPTEMBER/OCTOBER 2006
(Continued from previous page)
With regard to a chauffeur, it is the UFA’s position that a chauffeur, by definition, is a possible subject of Departmental charges after a “major” apparatus accident. The chauffeur should insist that he not be questioned until he is physically and emotionally able to do so and has overcome the trauma suffered in the accident. He also should insist upon union representation. Remember that a chauffeur can theoretically face civil liability, as well as Departmental charges, after an apparatus accident and must insist that his rights be protected. 2. SERIOUS/FATAL FIRES More and more frequently the FDNY’s Safety Battalion seeks to interview firefighters who responded to fires that resulted in serious injuries or fatalities to members or the general public. Indeed, after the recent fire of August 27, 2006 that resulted in the deaths of a Firefighter and a Fire Officer, the Safety Battalion had several Chiefs conducting simultaneous
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interviews of members within hours of the occurrence. There is nothing in the Collective Bargaining Agreement that prevents such immediate interviews. The Department will schedule safety interviews directly with our members. The schedule will be forwarded to the UFA via email. A UFA Board member should be present to assist the member with any question they may have. Before attending these interviews please confirm them with your Trustee. Members should also always remember that if they are not physically or emotionally capable of responding to questions, they should say so and request that the interview be postponed until they have recovered. We have every reason to believe that the Safety Battalion will honor such a request. Most importantly, if at any time during an interview you feel that it is becoming an attempt to establish wrongdoing on your part, immediately refuse to answer further questions until you have a UFA attorney/trustee present. Remind the
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Chief or other officer involved of the “Individual Rights” provision of the Collective Bargaining Agreement, which entitles you to union representation if you are a “subject in a Departmental investigation.” If the officer nevertheless insists that you continue to respond to questions, make sure he notes your request in writing before doing so. I also note that after the initial interviews taken immediately after an occurrence, the Safety Battalion may conduct a more formal set of interviews, usually taking place at Fort Totten. The Safety Battalion normally permits the presence of a UFA Trustee or other Board member to protect your rights. You should insist upon such representation at those interviews. Hopefully, the foregoing will provide you with a guide in dealing with questions you may face after a rig accident or involvement in a serious/fatal fire. If you have any doubts about your rights, do not hesitate to contact the UFA. Your union will do everything possible to protect you!
The Firefighters Monument at 100th St. and Riverside Drive on September 11, 2006 with the wreath memorializing the 343 Firefighters lost in the World Trade Center attacks. Photo by: Stephen N. Symbolik
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Important Retiree Information by JAMES DAHL, UFA Retiree Liaison
1) It has come to my attention that some of the retirees have UFA retired Firefighter cards with outdated phone numbers on the back of the card. Below are the correct phone numbers. Please cut them out and save them. New cards will be printed and mailed in the near future. UFA – (212) 683-4832 FAX – (212) 683-0710 Security Benefit Fund – (212) 683-4723 FAX (212) 683-0693 Welfare Fund (AMB/Oxygen) (718) 999-1886 Pension Payroll (718) 999-2327 Art 1 (718) 999-1207 Surgical Assistance (718) 999-1252 Honor Emergency Fund (718) 999-2531/2 Pharmacare (Drugs) (866) 832-0563 Dentcare/Healthplex (800) 468-0608 Marsh (Catastrophe Ins) (800) 503-9230 Counseling Services (212) 570-1693/6 FDNY Retirement Desk (718) 999-2324 City Health/Medical/Medicare Benefits* (212) 513-0470 – please note this is not managed through the UFA-SBF 2) Important Drug Information for non-Medicare retirees with GHI Effective October the1co-payment for diabetic cbadrev2_27 2/27/06 4:47 1, PM2006 Page drugs will be $5 for generic drugs, $15 for name brand drugs.
3) Reminder: The City Health/Medical Plan transfer period for retirees is November 1-30 (Transfers will become effective January 1, 2007). Changing Dental Plans – You may change dental plans each year between October 15th & December 15th. Most plan changes take effect of January 1st. For further info call (212) 683-4723. 4) The Broward County Retirees Association will be hosting a Retirees Conference on November 13,14,15, 2006. This conference is open to all UFA and UFOA retirees. UFA Board Members will address our retirees. Hotel: The Rosen Plaza Hotel 9700 International Drive, Orlando, FL 32819-8114 1-800-627-8258 (reservations)
Check-In: November 13, 2006 Conference: November 14, 2006 8:00 am – 5:30 pm November 15, 2006 8:00 am – 5:30 pm
Room Rate: $79.00 + tax single/double occupancy Reservation room rate will be honored for an extended stay up to November 17, 2006. For information contact: Jerry Coffman at (954) 778-2010 or e-mail at: Jerry212@aol.com.
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New York City Fire Department Bagpipe Band Makes History in Ireland
The New York City Fire Department Emerald Society Bagpipe Band made history in Ireland last month, when they came in 2nd Place in Grade 4 of the All Ireland Bagpiping Championships, held in Letterkenny, Co. Donegal. The Band, which is composed of Active or Retired New York City Firefighters, is the first American Band in the 61 year history of the competition to bring home a trophy from this prestigious event. The band competed against 17 other bands from throughout Ireland, many of them former champions, and were just a mere 2 points short of claiming the 1st place honor. The band is pictured here with the Mayor of Letterkenny, Ciaran Brogan, and All Ireland Competition Officials.
Web site Updates
The most current UFA updates, news, videos, audio Webcasts, and photos are posted on our Web site at www.ufanyc.org. Details relating to the articles in this issue of Fire Lines, such as the WTC Presumptive Illness Bill appear on the Home Page. During the week of September 11th, the Home Page contained a moving tribute to the 343 Firefighters who made the Ultimate Sacrifice. If you didn’t get a chance to view it, go to the Home Page and click on the link: The UFA’s Tribute to Members Who Perished on 9-11. As always your input is appreciated and valued.
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Gone But Not Forgotten
Engine Company 19 was one of the original engine companies established when the paid Fire Department was created in 1865. This photo shows the members of the company outside their quarters7.125" at 355 West 25th Street between 8th & 9th Avenues in Manhattan’s Chelsea neighborhood on the West Side. Engine Company 19’s first alarm district consisted of a mix of tenements and commercial occupancies which provided them with a heavy workload. Engine Company 19 was disbanded in 1947. They may be gone, but they are not forgotten. — Herb Eysser, UFA Staff
12 October, 12:42 p.m.
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Uniformed Firefighters Association
FIRST CLASS U.S. POSTAGE PAID PERMIT # 14 HUNTINGTON, NY
OF GREATER NEW YORK
204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998 Tel (212) 683-4832 • Fax (212) 683-0710 www.ufanyc.org
JAMES SLEVIN Vice President
STEPHEN J. CASSIDY President ENG. 236 LAD. 7
JOSEPH MICCIO Recording Secretary
ENG. 295
ROBERT STRAUB Treasurer
WILLIAM ROMAKA Health & Safety Officer Sergeant-at-Arms
ENG. 45 ENG. 238
LESTER LAYNE Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
BFI
DONALD RULAND Trustee-Staten Island
ENG. 157
STEPHEN HUMENESKY Trustee-Queens
ENG. 301
JOHN KELLY Trustee-Brooklyn ENG. 201 Chairman, Board of Trustees DANIEL MURPHY Trustee-Manhattan
EDWARD BROWN Trustee-Bronx
ENG. 74 LAD. 48
STEPHEN N. SYMBOLIK Managing Editor
UFA FIRE AD REVISED.qxd
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120 BROADWAY NEW YORK, NY 10271 212-732-9000 WWW.TRIALLAW1.COM
126 STATE STREET HACKENSACK, NJ 07601 201-342-0037
The above figures are based on actual cases the firm has handled. These figures do not guarantee a particular recovery. Each case must stand on its own merit.
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