1947 FERTILIZER EXPLOSION WAS WORST EVER
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| A ship loaded with chemical fertilizer started a chain reaction disaster in Texas City. |
The televised images of the fiery explosion at a fertilizer plant near Waco, Texas, brought back horrible memories for anyone who witnessed the worst industrial disaster in U.S. history.
On April 16, 1947, a ship full of ammonium nitrate exploded in the Texas City port, down near Houston. According to official reports, 581 people died. Many of the dead had come out to watch the burning ship. As many as 5,000 people are believed to have been injured.
"There were multiple explosions and fires. Enormous petrochemical plants and oil tanks were destroyed and the disaster resulted in untold amounts of toxic chemicals being released into the land, air and water," Bill Minutaglio, author of "City on Fire," said in an interview published last week with the Christian Science Monitor.
When asked what lessons can be learned from Texas City that will help the community in West, Minutaglio pointed to the inspections and regulatory oversight that are a divisive issue in many states. Some people say there is too much regulation; others insist not enough.
"Greater attention has to be paid to safeguard communities, to provide oversight, to commit to government inspections, to err on the side of caution. In Texas City, in 1947, people said they were simply not made aware of the dangers of ammonium nitrate. They wished they had been told," he added.
Ammonium nitrate was the explosive last week and in 1947 in the Texas City inferno. Both were tragedies of epic proportion, separated by 66 years - and almost to the day.
The book, "City on Fire," can be purchased at Amazon. com. Click here.
PAIN SERIES STARTS IN MAY
A five-part web series about pain will begin Thursday, May 23 at 1 p.m. Pacific time. Dr. Julie Armstrong, PsyD, who began her medical career as a registered nurse will begin with an overview that starts with understanding types of pain associated with physical injuries.
"Ouch! Rethinking Pain" will be broken into five sessions. Each session takes place on a Thursday afternoon. Continuing education credit will be available on purchase of the entire series or single topics:
Session 1: Overview and Types of Pain (free)
Session 2: Influence of the Psyche on Pain
Session 3: Treatment of Pain, Part I - Surgery and Meds
Session 4: Treatment of Pain, Part II - The Alternatives
Session 5: Intervention for Adjusters.
The series costs $199, with a $179 special member price for WorkCompCentral subscribers. Individual sessions are $69.
Register or more more online by clicking here. Call 805-484-0333, ext. 113 or 133 to ask about this continuing education.
BRAIN INJURY CASES ... THE LONG ROAD AHEAD
The after-effects of a brain injury can alter the path of an individual's life forever. Brain injury claims are often associated with tremendous long-term medical and indemnity costs, and can consume administrative and case management resources for years.
A webinar on May 16 will provide a useful overview of the types of injuries to the brain, insights for effectively managing these cases, and costs associated with a claim of this level - including ideas on containing expenses when possible.
Dr. Jeff Snell, director of Psychology and Neuropsychology Services for QLI, will be joined by QLI Director Kristin Custer, on this program.
QLI (Quality Living, Inc.) is a private, nonprofit corporation that was founded in 1987. Its missionis to promote purpose, privacy, dignity, and independence for individuals with brain injury, spinal cord injury, or other severe physical disability.
The webinar starts at 1 p.m. PT. Self-register using this link.
The South Carolina Supreme Court issued two recent opinions defining "physical brain damage" that entitles an injured worker to lifetime indemnity benefits.
The issue of what qualifies as "physical brain damage" has been litigated over the years, and the high court recognized the problem and decided to provide a definition, according to Suzanne Boulware Cole, vice chairwoman of the South Carolina Bar Workers' Compensation Section.
The high court provided a more specific definition in Crisp v. SouthCo. Inc., No. 27230, and Sparks v. Palmetto Hardwood Inc., No. 27229, both issued March 6, 2013.
In the Crisp decision, Chief Justice Jean Toal elaborated that "only in cases of physical brain damage that are both permanent and severe would an employee-claimant be entitled to benefits for life."
Toal explained that a qualifying brain injury must be "so severe that the person could not subsequently return to suitable gainful employment," and "the severity of the injury is the lynchpin of the analysis" for determining if a worker should get lifetime benefits.
Writing for the court in the Sparks case, Justice Costa Pleicones concluded that the "General Assembly meant to require severe, permanent impairment of normal brain function in order for an injured worker to be deemed physically brain damaged under Section 42-9-10(C)."
Hugh McAngus, Weston Adams III, M. McMullen Taylor and Helen Faith Hiser of McAngus Goudelock & Courie represented Sparks' employer.
McAngus said he understood the court as saying a brain injury has to cause "cognitive or physical deficits that in and of themselves are disabling," so that minor brain injuries will not result in an award of lifetime benefits.
This is good for employers, he said, since lifetime benefits can be very expensive.
The full article about can be found by clicking here.
HAVE AN EAMS QUESTION? ASK THE HELP DESK
Today, our staff held an EAMS training in Woodland Hills. To prepare, we've turned to the EAMS Help Desk for answers to questions that had us stumped.
We've been impressed with the service provided by the EAMS Help Desk. EAMS, for those who don't do workers' comp in California, is the electronic court management system that captures all of the case information for the judges and the parties to access. EAMS has been around since 2009, but as with any new techology, there is a learning curve.
Here are answers to two recent questions about EAMS we asked:
Q: Why is a lien claimant on the Official Address Record in the Public Search but not on the lien activation screen?
A: There was a back log of liens when EAMS was implemented in 2008. There was a movement to get all the liens entered and current. During that process, some of the lien claimants were not inputted completely into the system. When the new regulations went into place this year they discovered the issue. The lien claimant simply has to notify us here if they are efilers or the WCAB if they paper filed. We will go in and put them in the system correctly so they can activate the lien.
Q: How many exhibits can I e-file at a time?
A: Each exhibit has to be uploaded on its own. You can upload as many exhibits individually as your heart desires. There is no maximum on the amount of exhibits you can upload.
===== NEWS DIGEST =====
Carriers Won't Write Penn. Fire Departments: Volunteer fire departments across Pennsylvania are flooding the State Workers' Insurance Fund with applications for workers' compensation coverage because carriers fearing big payouts from cancer claims are leaving the market. Many of the state's 2,100 volunteer fire departments have seen rates more than double. Others have lost coverage through private carriers and PennPrime, the managed-risk pool run by the Pennsylvania Municipal League.
Okla. 'Opt Out' Cause for Concern: A ranking member of the Oklahoma House says that lawmakers are concerned about the "opt-out" provision of Oklahoma's key reform bill. House Minority Leader Scott Inman told the Daily Oklahoman that passage of Senate Bill 1062 is not guaranteed. House members from both parties reportedly have concerns about a provision that allows employers to avoid participating in the workers' compensation system, if the employers create their own benefits delivery system.
Legacy Claims Dwindle Ahead of Texas Deadline: The number of legacy claims in which Texas injured workers are still receiving drugs outside of the state's closed pharmacy formulary has declined by nearly half and doctors appear to be reducing their reliance on opioids, the state Executive Deputy Workers' Compensation Commissioner told an insurer group. The DWC is in the final stages of complying with a 2005 mandate from the Texas Legislature to implement the closed drug formulary. Workers with dates of injuries before Sept. 1, 2011, who were receiving at least one excluded drug were allowed to remain in an open formulary until Sept. 1, 2013.
Summit Exposes Opiods Trend: The proliferation of opioid use and its impact on workers’ compensation insurance took center stage at this year’s National Rx Drug Abuse Summit in Orlando, Fla. Workers Compensation Research Institute Economist Dongchun Wang summarized the findings of a recent study showing opioids are the most prescribed pain relievers for injured workers. In some states, more than 80% of injured workers receive the narcotics. In New York and Louisiana, for instance, one out of every six injured workers receives opioids on a long-term basis. Pennsylvania and Massachusetts also had unusually high opioid usage rates. Vicodin and Percocet accounted for 58% and 28% of injured worker opioid prescription usage, respectively.
Kansas Lawmakers Approve 6th Edition: Kansas state lawmakers have passed a bill to create a payer-friendly panel to appoint workers' compensation judges and require use of the 6th Edition of the AMA Guides in the state's system. Gov. Sam Brownback is expected to sign Senate Bill 187, which could become law by early June.
AFFORDABLE CARE ACT'S IMPACT ON COMP ???
Key provisions of the Patient Protection and Affordable Care Act take effect just nine months from now, and yet there is still significant uncertainty about the impact of the bill on the workers' compensation insurance line.
Industry experts are bracing for possible effects on liability, accessibility and costs trends, but there is a wide range of opinions, some conflicting, about the magnitude of those impacts.
"If you read the press it seems like many experts are having a hard time quantifying the impact of the Affordable Care Act on the U.S. health care system generally, and therefore it is not surprising that it is equally, if not more difficult, to try to assess the impact on workers' comp," said Harry Shuford, the chief economist at the National Council on Compensation Insurance.
Currently, work comp medical spending in NCCI-reporting states makes up only about 3% of the total health care spending in the United States. That explains why there is virtually no discussion, much less specific provisions in the Affordable Care Act, on workers' compensation. "It means what we have to do is really just speculate," Shuford said.
One theory is that the cost of employers providing workers' comp insurance could decline since, fundamentally, greater access to health care creates a healthier workplace. Or, with millions of new insureds seeking treatment, costs could rise if it causes a doctor shortage and delayed treatment.
Also, some are skeptical about the argument that the Affordable Care Act will increase access to health insurance and increase demand for medical services because there is uncertainty about whether people will actually take advantage of the health exchanges created by the legislation.
There are experts who believe that some would choose to pay a penalty rather than buy insurance, even at subsidized rates.
To read the full article, you must have a subscription. This article also can be purchased.
NEXT WEEKEND Spring Rating Seminar
We have a Rating Seminar about impairment, permanent disability, the AMA Guides 5th Ed., and the changes in the law for California workers' comp that impact PD and indemnity. Call 805-484-0333 to get registered. The event page is online at WorkCompCentral Education.
For a listing of upcoming continuing education from WorkCompCentral, go to our web site. Check back often as we add live seminars and webinars throughout each month.
Okla. 'Opt Out' Cause for Concern: A ranking member of the Oklahoma House says that lawmakers are concerned about the "opt-out" provision of Oklahoma's key reform bill. House Minority Leader Scott Inman told the Daily Oklahoman that passage of Senate Bill 1062 is not guaranteed. House members from both parties reportedly have concerns about a provision that allows employers to avoid participating in the workers' compensation system, if the employers create their own benefits delivery system.
Legacy Claims Dwindle Ahead of Texas Deadline: The number of legacy claims in which Texas injured workers are still receiving drugs outside of the state's closed pharmacy formulary has declined by nearly half and doctors appear to be reducing their reliance on opioids, the state Executive Deputy Workers' Compensation Commissioner told an insurer group. The DWC is in the final stages of complying with a 2005 mandate from the Texas Legislature to implement the closed drug formulary. Workers with dates of injuries before Sept. 1, 2011, who were receiving at least one excluded drug were allowed to remain in an open formulary until Sept. 1, 2013.
Summit Exposes Opiods Trend: The proliferation of opioid use and its impact on workers’ compensation insurance took center stage at this year’s National Rx Drug Abuse Summit in Orlando, Fla. Workers Compensation Research Institute Economist Dongchun Wang summarized the findings of a recent study showing opioids are the most prescribed pain relievers for injured workers. In some states, more than 80% of injured workers receive the narcotics. In New York and Louisiana, for instance, one out of every six injured workers receives opioids on a long-term basis. Pennsylvania and Massachusetts also had unusually high opioid usage rates. Vicodin and Percocet accounted for 58% and 28% of injured worker opioid prescription usage, respectively.
Kansas Lawmakers Approve 6th Edition: Kansas state lawmakers have passed a bill to create a payer-friendly panel to appoint workers' compensation judges and require use of the 6th Edition of the AMA Guides in the state's system. Gov. Sam Brownback is expected to sign Senate Bill 187, which could become law by early June.
AFFORDABLE CARE ACT'S IMPACT ON COMP ???
Key provisions of the Patient Protection and Affordable Care Act take effect just nine months from now, and yet there is still significant uncertainty about the impact of the bill on the workers' compensation insurance line.
Industry experts are bracing for possible effects on liability, accessibility and costs trends, but there is a wide range of opinions, some conflicting, about the magnitude of those impacts.
"If you read the press it seems like many experts are having a hard time quantifying the impact of the Affordable Care Act on the U.S. health care system generally, and therefore it is not surprising that it is equally, if not more difficult, to try to assess the impact on workers' comp," said Harry Shuford, the chief economist at the National Council on Compensation Insurance.
Currently, work comp medical spending in NCCI-reporting states makes up only about 3% of the total health care spending in the United States. That explains why there is virtually no discussion, much less specific provisions in the Affordable Care Act, on workers' compensation. "It means what we have to do is really just speculate," Shuford said.
One theory is that the cost of employers providing workers' comp insurance could decline since, fundamentally, greater access to health care creates a healthier workplace. Or, with millions of new insureds seeking treatment, costs could rise if it causes a doctor shortage and delayed treatment.
Also, some are skeptical about the argument that the Affordable Care Act will increase access to health insurance and increase demand for medical services because there is uncertainty about whether people will actually take advantage of the health exchanges created by the legislation.
There are experts who believe that some would choose to pay a penalty rather than buy insurance, even at subsidized rates.
To read the full article, you must have a subscription. This article also can be purchased.
NEXT WEEKEND Spring Rating Seminar
We have a Rating Seminar about impairment, permanent disability, the AMA Guides 5th Ed., and the changes in the law for California workers' comp that impact PD and indemnity. Call 805-484-0333 to get registered. The event page is online at WorkCompCentral Education.
For a listing of upcoming continuing education from WorkCompCentral, go to our web site. Check back often as we add live seminars and webinars throughout each month.
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