Old Naval Ship Toxic: EPA Sues

The decorated World War II ship has been literally rotting for 18 years in the Patapsco River. It had not been maintained until an October 2007 auction sold it to Potomac Navigation Inc. The company had made plans to tow the ship to Greece in December, but the U.S. government is trying to prevent them from towing the toxic vessel.

Potomac had originally paid $500,000 for the ship and they are now out of around $1.5 million because of the issues they are facing with the government.

Law Prohibits the Export of Toxic Matierals

The concern was originally raised by a group based out of Seattle called the Basel Action Network, which is an environmental group. Their question was whether or not the ship should be towed to a country that is developing because it would be possible that the ship be dismantled and the scraps sold for extra cash. This could create an issue with toxic materials being dispersed. The towing would also violate regulations that prohibit the export of materials that are toxic.

Potomac has stated repeatedly that they have no plans to scrap the ship, but they want to turn it into a storage facility or a floating after it has been remediated by a Greek specialist. Potomac's attorney, Lawrence Kahn, has said that the company plans on removing the toxins legally and in a safe manner, but the Basel Action Network or BAN is not convinced.

BAN feels that despite the claims of the owner, they have never believed that the ship would be going anywhere other than breaking the banks of such countries as Pakistan, India, Turkey, or Bangladesh, which would result in toxic materials contaminating the environment and those who work there. They feel that toxic ships should never again be exported or be used as target practice that destines them for the bottom of the sea.

Navy Vessel Searched for Toxic PCBs

Last fall, the EPA acquired their injunction against Potomac that would prevent the ship from leaving United States waters. The vessel was searched for PCBs, which are currently toxic and were used in fireproofing many years ago. However, they have since been linked to problems in neurodevelopment, led to cancer, and reproduction. The EPA has stated that they found non-liquid PCB levels on the ship that were higher than what is allowed by regulations. There was also 1800 pounds of coolant found that has a high concentration of PCBs.

Ship's Fate Still Undecided Due to Toxic Materials

This lawsuit is just the latest in the saga that has lasted for decades when finding a new home for the ship. After winning 11 battle stars in Vietnam, the ship was then sold to a humanitarian group in 1989 by the U.S. Maritime Administration for $10. The ship was supposed to become a floating rehabilitation center, but never reached that goal. The group then passed the vessel on to another group that abandoned it.

The EPA is moving to have the ship dismantled, but Potomac believes that is unnecessary because the PCBs can be removed safely since the vessel possibly has another 50 years left to its life. 

They're Trying to Take My Worker's Compensation!

You've been injured on the job and have been unable to work for over a year. You have been receiving your Worker's Compensation check regularly and have been trying to rehab your injury. One day you get a notice form the insurance company stating that they are filing a petition to terminate your worker's compensation benefits. What do you do?

Under the Pennsylvania Workers' Compensation Act, an employer (usually through an insurance company) has the right to try to terminate (stop) or suspend your right to ongoing benefits, based on evidence that you have fully recovered from the injury, have returned to work at wages greater than or equal to your pre-injury wage, or because you have the ability to earn wages in spite any residual impairment related to the work injury. If you receive notice that a Termination, Suspension or Modification has been filed in your case you have the right to fight the insurance company to keep your Worker's Compensation benefits coming.

Under current law, the insurer has to prove that there has been a change of condition to prevail in a serial termination petition. Previously, the insurer could harass you by filing petition after petition to try to stop your benefits. All that has changed specifically, a recent court decision held that a workers' compensation insurance carrier in PA had to prove there was an actual change in condition from the previous adjudication of disability to file a new petition to change or cancel your benefits.

Be warned: your employer, usually through their insurance company, will have a high priced legal eagle that knows the Worker's Compensation Code through and through. You may have received your Compensation benefits without the aid of an attorney but the Termination or Modification is a completely different animal. You need the assistance of a seasoned attorney who can fight the insurance company's attorney. If you are not represented you will have no way of knowing what the insurance company can and can't do.