July 2013 Issue
Is negative media coverage for an on-the-job incident a cause for a workers' comp injury? That is a core issue in a case involving a University of California police officer who was photographed as he pepper-sprayed protesters at sit-in on the Berkeley campus.
Read on to learn more about the issue and the officer's claim for a psychological injury. Plus, learn about upcoming chances to earn continuing-education credits between now and the end of summer.
- Rob McCarthy, newsletter editor
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PEPPER-SPRAYING OFFICER WANTS COMP BENEFITS
A University of California, Davis, police officer is seeking workers’ compensation benefits for the psychological distress he allegedly suffered as the result of pepper-spraying protesters in 2011, according to a widely circulated news report.
The Davis Enterprise reported last week about a comp claim filed by former Officer John Pike. Back in November 2011, Pike gained notoriety after video and pictures showed him emptying a canister of pepper spray into the face of students who were sitting on a sidewalk in protest of tuition hikes. He was fired in late July 2012 by UC Davis Police Chief Matt Carmichael.
An internal affairs investigation sided with Pike, saying that he acted reasonably. The report recommended a suspension rather than dismissal from the campus police force.
The Enterprise reported that the pepper spray Pike used was not sanctioned by the department, and that proper protocol for using pepper spray doesn’t include spraying people in the face at close range.
Pike used MK-9 brand pepper spray, which claims to have 0.7% concentration of capsaicin, the active ingredient that makes it burn, making it more than three times stronger than the department-sanctioned pepper spray, which has a concentration of 0.2%. By comparison, the U.S. government says pepper spray formulated to deter bear attacks should have a concentration of at least 1%.
Pike says he received death threats after the video and pictures went “viral” and hackers posted his personal information online.
Pike filed his claim against UC Davis on June 10, alleging a single psychiatric injury. The claim is scheduled for a mandatory settlement conference on Aug. 13 in Sacramento, according to information in the Electronic Adjudication Management System.
With camera phones so prevalent in our society today, citizens are capturing confrontations with police on video and posting them to social media sites. This is a case worth watching, especially for claims adjusters and third-party administrators for public safety agencies.
Send your comments to me at rob@workcompcentral.com I'm not asking for a rush to judgment, however. I am interested in whether there is precedential case law for a psyche injury due to public outcry.
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| Officer Pike was fired after dousing students at a 2011 sit-in. |
REFORM UPDATE: NORTH CAROLINA
North Carolina lawmakers just ended a busy session that included approval of bills that will shift the workers' compensation hospital fee schedule to the formula used by Medicare and strip the state's 20 workers' compensation judges of job protections provided by the State Personnel Act.
Gov. Pat McCrory signed the bill, SB 174, into law on July 18. SB 174 rejected three dozen of the 153 rules adopted by the Industrial Commission in response to 2011 legislation. The new law also requires the Industrial Commission to adopt a three-tiered system for resolving medical treatment disputes;
House Bill 74, the session's regulatory reform bill, also was among a major workers' compensation bill passed during the 2013 session. HB 74 removes deputy industrial commissioners – North Carolina's workers' compensation judges – and the commission's administrator and executive secretary from protections under the State Personnel Act. The act prohibits the firing of state workers with two or more years on the job without "just cause."
The House and Senate also approved HB 92, which includes a compromise between insurers and employers on one side and the North Carolina Hospital Association. The bill deletes the section of North Carolina law that bases inpatient and outpatient fees on a percentage of itemized charges and requires that hospital fee schedules be based on "Medicare methodology."
HB 94 requires that the Industrial Commission come up with a new fee schedule based on "applicable Medicare payment methodology" and that the schedule be periodically reviewed by the commission.
The news article appears in WorkCompCentral today, July 29. The link to the story is found here. You must have a subscription to access the news content; one-time purchase of this story is also available.
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UPCOMING WEBINAR SCHEDULE
More webinars are on the way this summer, including a complimentary program on August 6 about how one state is regulating pain meds.
1. TOPIC
"How Washington State is Changing Pain Treatment" - A Free Webinar
Summary: Presented by Dr. Gary Franklin, the Chief Medical Director for the Washington State Department of Labor and Industries. Dr. Franklin and his state are models for the rest of the states. He will discuss how prescription narcotics are curbed through regulatory measures.
Date & Time:
Tuesday, August 6
10 a.m. to 11 a.m Pacific
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| Dr. Gary Franklin |
Register:
This event is FREE to attend.
You must register yourself using this link
2. TOPIC
"The Influence of the Psyche on Pain" - Aug. 1
Overview: Psychologist and registered nurse Dr. Julie Armstrong focuses on the psychological influences of pain and pain reduction. Dr. Armstrong will address the role of the unconscious in patients with pain, and the various psychiatric diagnoses that are influenced by pain.
Date & Time:
1 p.m., Pacific
Thursday, August 1
Who Should Enroll:
Psychologists, Attorneys, Paralegals, Workers' comp program managers and employer representatives.
CE Credit: 1 hour is available for California attorneys and claims adjusters
Price:
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| Michael Sullivan |
$69 or $199 for the 5-part series.
Register
3. TOPIC
"What's New & How to Best Manage Under SB 863: Part 1 of 2"
Summary: The lead author of the California workers' compensation legal treatise "Sullivan on Comp" surveys how reforms are being implemented and new strategies. This program is complimentary to full-access subscribers of Sullivan on Comp.
PART 1
Friday, August 23
2:00 p.m. to 3:00 p.m, Pacific
PART 2
Friday, September 13
2:00 p.m. to 3:00 p.m, Pacific
Continuing Education Credit:
1 Claims (per session)
1 Legal Specialization
1 MCLE
Register:
$69 each or $109 for both sessions. Please call to purchase the two-part series at the $109 rate.
Registration assistance is available by calling 805-484-0333, ext. 113 or 133.
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CALIFORNIA ANNOUNCES DATE FOR FALL QME EXAM
The California Division of Workers’ Compensation is accepting applications for the Oct. 19 qualified medical evaluator exam that will be administered in South San Francisco and Irvine.
Physicians and eligible medical treaters who wish to take the exam
Class and exam details found on our web site.
QMEs are independent physicians certified by the division’s Medical Unit to conduct evaluations and determine issues, including whether an injured worker can perform certain work activities or has a permanent impairment or disability.
Applications for the October exam must be postmarked by Sept. 12 and include a nonrefundable $125 fee.
Additionally, before appointment as a QME, a physician will have to complete a course in disability evaluation report writing. WorkCompCentral has an all-new writing course aimed at compliance with the changes in the law for 2013. A description is here.
The QME exam will be administered at the South San Francisco Conference Center, 255 S. Airport Blvd., and the Irvine Marriott Hotel, 18000 Von Karman Ave.
An exam packet with additional information is available at the DWC web site.
For more information, contact the Medical Unit at 510-286-3700, Joanne Van Raam at 510-628-2004 or Francine Wooley at 510-628-2038.
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NEW SUPPLEMENTAL BENEFIT PROGRAM IN THE WORKS
California officials appear to have as many questions as answers when it comes to implementing a program that will make up to $120 million a year in supplemental payments to some injured workers.
Kathy Zalewski, chief counsel for the Department of Industrial Relations, said on the final day of the California Coalition on Workers’ Compensation 11th annual Conference, Legislative and Educational Forum that she has some ideas for the program the administration is calling the Special Earnings Loss Supplement.
Injured workers will have to receive a supplemental job displacement benefit voucher to be eligible for payments from the $120 million fund. They will also have to prove their post-injury earnings are disproportionately lower than what they were making before being hurt.
A Rand Corp. study that is expected to be completed soon will be the basis for determining what constitutes “disproportionate” loss of earnings, and the department hopes to release draft regulations sometime in September.
That’s where the certainty ends.
The questions include how a worker will prove pre- and post-injury earnings; whether retirement, disability and other sources of income should be counted as earnings; how long a worker must wait to qualify for the program; if the department will make a one-time payment to the injured worker or issue periodic payments; if a worker can appeal a decision to preclude him from receiving payments or challenge the amount of the payments and how he does this.
(The full article appeared July 22 on WorkCompCentral. Read it with a subscription or purchase it for one-time use on our web site.
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FLORIDA DWC READY WITH REPACKAGED DRUG RULE
The Florida Division of Workers' Compensation said last week it plans to adopt a rule to implement the cap on repackaged drug prices imposed by the Florida Legislature during the 2013 session.
The bill caps the price of repackaged drugs at 112.5% of the
DWC said in a regulatory notice that, in response to the new law, it is developing amendments to the Florida Workers' Compensation Health Care Provider Reimbursement Manual, Rule Chapter 69L-7.020 of the Florida Administrative Code, and the Florida Workers' Compensation Medical Services, Billing, Filing, and Reporting Rule, Florida Administrative Code Rule Chapter 69L-7.602.
DWC said that, if requested in writing and deemed necessary, the division will hold a rules-development workshop in Tallahassee, Fla., on Aug. 8. The notice of rules development was posted in the July 19 edition of the Florida Administrative Register.
Questions and comments should be submitted to Eric Lloyd, administrator for the Office of Medical Services. He can be reached at 850-413-1689 or at Eric.Lloyd@myfloridacfo.com.
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EVENTS IN YOUR AREA
-- The Alabama Self-Insurers Association will hold its summer conference Aug. 11-13 at the Hilton Sandestin Beach Golf Resort & Spa in Destin, Fla.
-- Target Markets Program Administrators Association will host its 13th Annual Summit in Scottsdale, Ariz., from Oct. 21-23. The summit at the Westin Kierland Resort & Spa is expected to draw 750 program business professionals.
-- The California Self-Insurers Association will hold its Fall Educational Conference on Sept. 20 at the Marriott Hotel in Walnut Creek, Calif.
-- The Illinois Self-Insurers Association's annual workers' compensation seminar is being held on Oct. 3-4 at the Lincolnshire Marriott Resort at 10 Marriott Drive in Lincolnshire, Ill.
-- The Indiana Workers' Compensation Institute and Indiana Self-Insurers' Association are sponsoring the 22nd Annual Workers' Compensation Seminar on Aug. 7-8 in Indianapolis, Ind.
-- The Minnesota Department of Labor & Industry is accepting registrations for its 2013 Workers' Compensation Summit, to be held Sept. 12 at the Crowne Plaza Hotel in St. Paul.
-- The Nevada Division of Industrial Relations will explore drug testing, the impact of health care reform and when to operate on cervical spine injuries during its third annual Workers’ Compensation Educational Conference, Aug. 5 and 16 at the Tuscany Suites Hotel, 255 E. Flamingo Road in Las Vegas.
-- The North Carolina Rate Bureau has scheduled its 36th annual meeting for Oct. 16 in Greensboro, N.C.
-- The Texas Division of Workers' Compensation will host an Aug. 8 training session in Austin describing how carriers' loss-control personnel can implement new rules regulating accident-prevention services in the state of Texas.
-- The Virginia Workers' Compensation Commission is planning a meeting for attorneys on Oct. 16 in Charlottesville, Va. The meeting will be held at the DoubleTree Hilton Hotel, 990 Hilton Heights Road in Charlottesville; phone: 434-973-2121.
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