With a diagnosis of complex post traumatic stress disorder and wracked by frequent anxiety-induced seizures, Cal Fire Captain Todd Nelson spends much of his days in acute mental distress. His therapist, Jennifer Alexander, said “nine out of ten therapists wouldn’t touch Todd with a ten-foot pole.”

Why? Because of the challenge of treating a firefighter with such a severe mental health condition, including multiple suicide attempts and hospitalizations?

No. Because California’s therapists know that taking on a patient in the state’s workers’ comp insurance system means that it could be years before they are paid. In addition, it’s likely that insurers would challenge their treatment decisions and even subpoena their records.

“If you take a work comp case you knowingly understand that you are not going to get paid for some time,” said Alexander, a licensed marriage and family therapist who specializes in treating PTSD and trauma. Nelson granted her permission to talk about his case. “I have multiple cases in which I haven’t been paid for three years. You have to have a passion to work with this population,” she said.

The intransigence of the system puts doctors in a difficult position — deny patients the care they need or forego their own payment. Like many therapists who fear the impacts of cutting off treatment to seriously ill firefighters, Alexander treats many of them anyway. Then she figures out later how to get reimbursed.

“You have to make a moral-ethical decision — to make a commitment to a client or a commitment to getting paid,” she said. “Insurance gives you a handful of sessions, but with many patients,” like Nelson, “trauma is not going to be resolved in ten to twelve sessions.”

Therapist Jennifer Alexander and her patient, former Cal Fire Captain Todd Nelson, at a therapy session. Alexander says the workers’ comp bureaucracy deters many therapists from treating first responders with PTSD. Photos by Cristian Gonzalez for CalMatters

Some doctors simply refuse to take workers’ comp cases, leaving fewer choices for firefighters and other patients with PTSD and other serious ailments. And a potentially crushing caseload for therapists.

The state’s workers’ compensation system, managed by the California Department of Industrial Relations, provides benefits for private and government workers whose medical conditions are work-related. More than 16 million Californians are covered.

Officials from the industrial relations department refused to answer CalMatters’ questions or provide an interview about issues related to first responders’ mental health claims.

California workers’ comp is an outlier, and not in a good way.

“California continues to experience longer average claim duration compared to other states, driven by slower claim reporting, lower settlement rates and higher frictional costs,” says a 2023 report by the Workers’ Compensation Insurance Rating Bureau, an association of companies licensed to handle workers’ comp insurance in the state.

Only a third of medical losses in California are paid by workers’ comp within two years of an injury, while it’s two-thirds in other states. And about 36% take five years or longer in California, about twice the median in other states, according to the report.

California’s sheer size slows the rate of case closure and reimbursement, said Sean Cooper, executive vice president and chief actuary for the Workers’ Compensation Insurance Rating Bureau. The torrent of claims, the number of attorneys in the system and the complexity of trauma cases bog down an already ponderous bureaucracy.

Because of their cumulative trauma that can stem from an entire career, they often need years of therapy.

Some therapists no longer accept workers’ comp or even private insurance, leaving a patient paying fully out of pocket for mental health care, said D. Imelda Padilla-Frausto, a research scientist at the UCLA Center for Health Policy Research.

“Clinicians often go into private practice because they don’t want to deal with even health insurance. It’s all out of pocket. Then you add workers’ comp on to that, and it’s “oh, no,’ ” she said. “Our health system is administration-heavy.”

Nelson ran smack into that bureaucratic wall. He said he contacted therapists who refused to take insurance or were intimidated by the severity of his diagnosis. “They were being polite, telling me they weren’t taking new patients,” he said.

Nelson, who lives in Nevada City, searched for years for a therapist that would take his case. Experts says there aren’t enough therapists in many rural regions. Photo by Cristian Gonzalez for CalMatters

RAND researchers noted many of these shortcomings in California’s workers’ comp system in a 2021 report.

“The workers’ comp system is excruciatingly slow, doctors are annoyed, not getting paid for extra reports and patients are not getting care,” said Denise D. Quigley, senior policy researcher at RAND and one of the report’s project leaders.

Previous research had identified problems with California’s workers’ comp system, including a heavy burden of administrative costs borne by providers, who also complained about inadequate compensation.

“It’s hard to find providers willing to take on the struggle for workers’ comp. There are some that will just take patients outright, but a majority can’t,” Quigley said. “They recognize that if they take them on there will be self pay, it’s months to get paid, and unless they are part of a really large organization, they can’t cover that cost.”

Nelson recalls traumatic memories of his time as a firefighter during a treatment session. Photo by Cristian Gonzalez for CalMatters

Frustration is winnowing the ranks of providers qualified to treat PTSD and related issues, according to Joy Alafia, executive director of the professional group California Association of Marriage and Family Therapists.

“We have a shortage of mental health professionals overall in California, and with the added paperwork and denials…you can understand why there is a natural inclination to choose a different path. The administrative burden is so great, you need assistance and technology to help overcome the barrier,” Alafia said.

In four years, the demand for mental health care in California will exceed the workforce capacity, according to a UC San Francisco analysis.

Alafia said the administrative burden from workers’ comp sometimes forces therapists to bring on more staff to “wrestle with companies” that reject what doctors view as a sufficient number of patient visits.

That can leave patients vulnerable, Alafia said, which is an unconscionable bottom line.

“We have concerns about continuity of care,” she said. “The more time marriage and family therapists spend doing paperwork means less time with the client. And that’s what people get into this profession to do in the first place.”

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This story was made possible in part by a grant from the A-Mark Foundation.

CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

A proposed California constitutional amendment to permit some aspects of affirmative action won’t appear on the ballot this year because its author feared voters wouldn’t pass the measure — but he also vowed to bring the proposal back for a future state election.

The measure, known as Assembly Constitutional Amendment 7, would not have fully overturned Proposition 209, which state voters passed in 1996 and created the country’s first ban on racial preferences, including affirmative action in public university admissions. Instead, it sought to allow state agencies to send the governor a waiver request to sidestep some of Proposition 209’s restrictions if academic research showed those programs would improve the health, economic or educational outcomes of specific demographic groups.

An effort to undo Proposition 209 was voted down by Californians in 2020.

The proposed amendment was one of 14 priority legislative efforts this year backed by the California Legislative Black Caucus. Those were informed by a state-funded reparations task force report that included more than 100 financial and legal recommendations to combat the legacy of slavery and racism in California.

There are “so many propositions sucking up additional financial resources,” said the measure’s author, Corey Jackson, an Assembymember and Democrat from Moreno Valley, in an interview with CalMatters this evening.

He also cited concern that an anti-crime measure that’s currently on the November ballot will attract fierce opposition to his measure — and to another effort by his peers in the Black Caucus to end forced labor in California prisons. The fundraising challenges to fight one measure and back two others prompted members of the Black Caucus to call off ACA 7 late last week, Jackson said.

As recently as a week ago, his office was signaling that it would push to place the measure on this year’s November ballot by meeting a Thursday deadline for ballot proposals to pass the Legislature. Any constitutional proposal from a lawmaker must pass both chambers of the Legislature, but doesn’t require the governor’s signature.

“He’s (Jackson) still confident he’s going to meet the deadline,” his spokesperson told Calmatters last Wednesday. While the measure cleared the Assembly last year, it languished in the Senate until receiving committee assignments only last week.

Jackson said Tuesday that “there was no doubt in our minds we were going to get it out of the Legislature. The question is: Should we?” Jackson said Democratic leadership supported the proposed amendment.

“The question is when is the right time to do it? Is it 2026? Is it 2028?” Jackson asked. “We have to see where we are in terms of the predictability of our electorate and turnout, as well as what type of political climate we’re in.”

Wenyuan Wu opposed Jackson’s measure. She’s executive director of the Californians for Equal Rights Foundation, a group that opposes race-based interventions because it views such efforts as discriminatory. Wu and other foundation officials played major roles in successfully campaigning against Proposition 16 in 2020.

“We’re very happy that the assemblyman has come to this realization,” Wu said this evening in an interview. It was “not going to be received well on the ballot,” she predicted.

It’s also unclear if a measure like Jackson’s would pass federal court scrutiny given the U.S. Supreme Court’s ban on affirmative action, a legal scholar told CalMatters last year.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

It’s with great sadness and heavy hearts that our family give notice of the passing of Shannon Randoll Filgas. He departed this world on June 12, 2024 at 10:25 p.m. at Post Sonoma acute in Sonoma. He will be cremated by Duggan’s Mission Chapel in Sonoma and be able to come home forever. Shannon was 46 years old and was born on February 17, 1978 at old general hospital in Eureka, to Donna Maxwell and Randall Filgas.

Shannon was preceded in death by his father Randall Lynn Filgas, grandfathers Milton James Filgas, Fred Holt, grandmothers Amelia Kimson, Barbra Deckert, great-grandmother Irene Patterson, great-grandfathers Henry Patterson (Bio), Clyde Patterson (adopted), cousin Randall Flesher, great-aunts Loretta and Heneryetta Patterson, great-uncle James Patterson (AKA uncle Butch) and Velma Patterson his wife. Also his father figure through out his life Donald Hill.

People have lots of different memories of Shannon, like when he drug Curtis’s dad down the road on a three-wheeler. How certain people can remember and tell me how excited, frantic and worried you were the day I was born, running around the hospital telling everyone what to do with your baby girl. The family camping trips to Ruth Lake: definitely memorable.

My favorite memory is our late night/early morning father daughter breakfasts . We would go to Denny’s at 2-3 a.m. to eat breakfast and talk. It was the best memories I have of you and that’s one tradition I will definitely continue with my kids in the future. Most of us would agree we had a very interesting relationship with you. You definitely kept things interesting. We all have seen you go through so much in your lifetime you can now be out of pain, rest in peace and forever be happy. We will all always cherish our memories we were able to have with you.

Shannon is survived by his daughter Rebecca Pierce, mother Donna Maxwell, siblings John (Britni) Maxwell, Jen Maxwell, Donny Holbrooks, grandchild Sophia Newman, nieces Jessica and Kassidy Hellyer, Valentina and Rosalia Holbrooks, nephew Sean Maxwell, aunts Terry Jones, Lorrena Filgas, uncles Tim Holt, Joe Filgas, cousins Britney Jones, Amanda Flesher, Jeremiah Jones, Tim Holt Jr., James Holt, Christopher Ridenour Jr., Madeline Richards, Ryan Filgas and many more family members. Shannon will also be remembered by his lifelong friends he considered family: Ken Hill, Curtis Beck, Christopher Waters, Phil Lawson, Loren O’Connor, Dave Springer and a few others.

A Celebration of life for Shannon will be held sometime in July of 2025. Please contact family members Rebecca Pierce or Donna Maxwell early next year (2025) for more details including date, time, place, and what to bring. All will be welcome.

The obituary above was written and submitted by Shannon’s daughter Rebecca Pierce.

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The obituary above was submitted on behalf of Shannon Filgas’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.

‘Erma Hale Backman, age 82, Arcata, was called home on Friday, June 21, with her family by her side. Erma was born in Broken Bow, Oklahoma on July 22, 1941 to Charles and Winnie Beck. She moved to California as a child and lived in various cities. Erma attended Arcata High School. Erma was a longtime member and faithful servant at McKinleyville Baptist Church.

Erma married Preston Hale in February 1960. They made their home and raised their family in McKinleyville. He preceded her in death in September 2000. She married Milford Backman, August 2001. They lived in Trinidad. He preceded her in death on January 2011.

Erma dearly loved her family and was very proud of them. She enjoyed trivia, old movies, board games and game shows, especially Jeopardy.

Erma is survived by her son Bob Baxter and his wife Phyllis of Bad Axe, Michigan; her daughter Laurie Brown and her husband Mike of McKinleyville and Yuma, Arizona; her grandchildren Daniel Baxter, Nicole (Mark) Lay, Jennifer Brown and Clinton Meyers; and her great-grandchildren Dominic Stiles-Brown, Sullivan and Anderson Lay, Kaylin Stovall and Natalie Swift.

Erma was preceded in death by her parents, Preston Hale and Milford Backman; her daughter Kathleen Munoz; and a granddaughter, Michelle Lindley.

A service for Erma will be held on Saturday, June 29 at 11 a.m. at McKinleyville Baptist Church 1616 Windsor Ave, McKinleyville. Her family will receive guests at the church from 10 a.m. until the time of the service.

In lieu of flowers, consider a donation to McKinleyville Baptist Church or the family discretionary fund.

We would like to thank Hospice of Humboldt — especially Kerry — and Visiting Angels for the care they provided.

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Humboldt sheriff deputies will soon be the newest stars of “On Patrol: Live,” a reality television series that follows on-duty law enforcement officers in real-time. 

At today’s meeting, the Humboldt County Board of Supervisors voted unanimously to approve a one-year access agreement with Half Moon Pictures, LLC, the production company behind “On Patrol: Live,” despite hesitation among some board members. Third District Supervisor Mike Wilson asked to change his vote after the votes were cast, but his request was denied.

Appearing via Zoom, Humboldt Sheriff William Honsal told the board that the show would give his department an opportunity to “highlight the professional law enforcement services” it provides and, ideally, bring in more potential recruits. 

Honsal | Screenshot

“I think this is an opportunity for us to highlight Humboldt County … and also talk about how California law enforcement is different [from other states],” Honsal said. “[W]e hold people accountable, but we also are all about building trust with our community. This is another layer that we can present to our community and to highlight, again, the professional services that we do here.” 

Honsal noted that the agreement would be a “trial run,” adding later in the meeting that the county would have 45 days to terminate its contract with the production company. “If everything works, you know, we can do an additional year,” he said.

Citing concerns brought up in the Outpost’s previous reporting on the subject, Wilson asked what kind of precautions the sheriff’s office and the producers of the show would take to ensure camera crews did not distract deputies from their duties. 

“The cameramen do have some strict guidelines that they are not to interfere, that they’re to be on the sidelines viewing from an area that is accessible to the public,” Honsal responded. “They’re not going to go into people’s homes without consent. … They don’t have the same ability to go into private areas as law enforcement does, so they have to hang on the street and in public areas.”

Asked to address concerns around liability, Honsal said the sheriff’s office would “share that liability” with the production company. The terms of the agreement stipulate that the producer must maintain workers’ compensation insurance for its own employees and general commercial liability insurance that includes the County of Humboldt as “an additional insured” party.

“They [the producers] are reputable, they are professional and they do know their stuff, so that’s why I’m willing to go into this agreement with them – as long as the county agrees with it,” Honsal said. “I think this is a really good show that highlights what’s going on around the country with crime and law enforcement. I think it [will provide] a real, first-hand view of what our deputies are facing out there on the street. … I believe this is a positive thing. I believe that it is ultimately going to be a great thing for Humboldt County.”

Wilson | Screenshot

Wilson thanked Honsal for answering his questions but said he had a “different view” on the subject matter. “I don’t know if it’s given me a lot of confidence, but I appreciate your thoughts on that,” he said.

Similarly, Fourth District Supervisor Natalie Arroyo said she was “a little anxious” about “potential reputational harm” to the county. However, she said she could also understand that the show could be an effective recruiting tool, adding, “I know a few people [who] have gone into law enforcement because they saw a show like this … and it seemed like an exciting and interesting career.”

“I understand that this type of show has evolved from the stuff I saw as a kid, [which was] probably intended more to shock,” Arroyo continued. “It’s probably more realistic now. … I think I’ll just say, I’m putting confidence in you to make a good recommendation to us.”

“If I didn’t have total confidence in them, I wouldn’t be in a position to promote this access agreement,” Honsal responded. 

Fifth District Supervisor Steve Madrone did not directly address the agreement with Half Moon Pictures but said he looked forward to hearing Honsal’s response to the recent Humboldt County Civil Grand Jury report that called for additional civilian oversight over the Sheriff’s Office.

Bohn said the TV show would give the county a chance to “showcase the men and women of our sheriff’s department who do a great job.” He quipped that he “didn’t see anybody pushing back when Murder Mountain” was being filmed in the county, adding that Netflix docuseries was “not a good representation of Humboldt.”

The request to approve the agreement appeared on the board’s consent calendar, which is typically approved in one motion unless an item is pulled for discussion. Well, the item wasn’t technically pulled for discussion before it was discussed, which resulted in a confusing back and forth among board members. Wilson said he wanted to approve the consent calendar, but not the access agreement with Half Moon Pictures. He tried to make a motion to that effect, which was seconded by Madrone.

Annoyed that the item wasn’t pulled at the beginning of the meeting, Bohn and Second District Supervisor Michelle Bushnell voted against the motion. County Administrative Officer Elishia Hayes informed the board that a couple items on the consent calendar required a 4/5th vote. 

Eventually, Arroyo made a motion to approve the entire consent calendar, which was seconded by Bushnell. Right after the 5-0 vote passed, Wilson asked to change his vote to ‘no’ because “that was the whole point,” but his request was denied.

“Let everybody know that Mike is opposed to it, though, in heart and soul,” Bohn said.

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Check back tomorrow for more coverage of today’s Board of Supervisors meeting!

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PREVIOUSLY:

• Eureka Council to Consider New 73-Word Phrasing for Pro-Parking ‘Housing for All’ Ballot Initiative
• Eureka Council Rebels Against City Attorney’s Summary of the ‘Housing for All’ Initiative, Special Meeting Called Monday to Resolve the Question

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During a brief special meeting last night, the Eureka City Council set language for the “Housing for All and Downtown Vitality” initiative that will appear on November’s ballot. Limited to 75 words, it was the Council’s second go at framing the complicated measure after rejecting its original wording last week due to concerns about clarity and neutrality. The controversial initiative aims to prevent replacing city-owned parking lots with affordable housing — like the EaRTH Center in downtown Eureka, for example. 

Last night, councilmembers reviewed new phrasing, which, really, is not that different from the language they discussed and rejected last week. Before approving the revised statement, the Council agreed to remove a few words due to a lawsuit threat from the initiative’s proponents, a move that concerned opposition. 

Eureka City Attorney Autumn Luna explained that after releasing the agenda with reworked language, Brad Johnson, an attorney representing Citizens for a Better Eureka – the group that supports the measure – shared some comments. (The same thing happened before last week’s meeting.)

“It is my recommendation tonight that we do make a couple of adjustments based on that feedback from Mr. Johnson, in an effort, again, to work with proponents and ensure that there isn’t litigation about the ballot question itself,” Luna said.

Specifically, Luna recommended removal of “above ground level” and “subject to review for consistency with state law” from the following proposal:

Shall the measure amending Eureka’s General Plan, creating an overlay designation for downtown that limits 21 City-owned lots, with exceptions, to parking at or above the current capacity and above-ground-level high-density housing, and creating an overlay designation for the former Jacobs Middle School site, allowing housing, public, quasi-public, and commercial uses, with at least 40% of non-public use area dedicated to high-density housing, subject to review for consistency with state law, be adopted?

Here is the result, clocking in at 64 words:

Shall the measure amending Eureka’s General Plan, creating an overlay designation for downtown that limits 21 City-owned lots, with exceptions, to parking at or above the current capacity and high-density housing, and creating an overlay designation for the former Jacobs Middle School site, allowing housing, public, quasi-public, and commercial uses, with at least 40% of non-public use area dedicated to high-density housing, be adopted?

Councilmember G. Mario Fernandez asked why “subject to review for consistency with state law” was deleted, and Luna explained that those words “frankly could go without saying,” and therefore seemed worth removing given the litigation threat.

During public comment, Solomon Everta – a member of the group “I Like Eureka Housing!” which was formed to oppose the Housing for All and Downtown Vitality initiative – voiced concern about the proponents’ influence over the ballot language, and said he’d happily contribute as well.

“Just wanted to note that opposition is here and is aware of what’s going on. And we would like [the measure] to be extremely neutral and not be favoring,” Everta said. “And the rewrite, in my mind, seemed to be favoring the proponents more than the initial offering had been — but I’m no lawyer.”

The only other commenter was Johnson, who thanked Luna for suggesting the changes and said that proponents “would not see a need to litigate” over the revised wording. 

During discussion, Fernandez questioned why supporters of the measure were involved but not its opponents. 

Luna explained that the City didn’t reach out to either side for input, but that proponents independently submitted detailed comments prior to both meetings that agendized the ballot wording.

“What we receive ahead of time is what we can then propose to Council,” Luna said, adding that the City didn’t receive “lengthy input from opponents.” 

“I’m responding to an attorney, who is the proponent’s attorney, who has suggested that if the language were not amended, the City would face litigation,” Luna said. 

“It’s one of my primary jobs to advise you in a way that ensures that the City doesn’t get sued. I have done that while still being faithful to a neutrality in the question.”

Councilmember Leslie Castellano said she continues to feel concerned about the initiative’s ability to balance neutrality with relevant context and education about the measure’s intent, and asked how a potential lawsuit would impact the City.

Luna responded that it would take up time and resources, and tentatively predicted that the outcome would be similar to approving the revised 64-word version that was before the Council. 

Before the group voted, Mayor Kim Bergel noted that Luna will prepare a neutral 500-word statement to appear in the voter information guide, which is distributed with ballots. 

The present council members each voted to approve the revised 64-word statement, with Councilmember Scott Bauer absent. Watch the full 15-minute meeting above.

Video: Daniel Braden

In a world that seems increasingly divided, it’s good to be reminded that, in times of great strain, our community can band together to defeat common enemies conspiring to oppress us all. 

Today in Eureka, that enemy was a flaming garbage truck.

Friend of the LoCO Daniel Braden files an uplifting report from Eureka’s Westside, where, earlier today, a smoking Recology truck prompted a swift response from neighbors, who, through their efforts, ensured that less garbage would burn. The following is Braden’s firsthand account: 

“I was out walking the dogs when I saw smoke coming from the Recology truck. The driver pulled over at B & Trinity in Eureka. Across the street lives a state police officer (fish and game?) and they came out to assist and assess. Soon other neighbors came out and brought garden hoses. One citizen climbed onto the truck and was handed a hose to spray from the top while the driver operated the hydraulic compactor to smother the flames. Fire truck arrived after the truck was extinguished.”

Wonderful. The moral of the story here, friends, (if you want one), is together we can still do great things. As we forge ahead into an uncertain future, let us remember the lesson learned the day a flaming garbage truck brought out the best in Eureka. Namaste.