Home About us Contact
|
Home About us Contact | ||
|
|
||
Workers Compensation Claims (workers + compensation_claim)
Selected AbstractsNegotiation, Power in Conciliation, and Review of Compensation ClaimsLAW & POLICY, Issue 3 2002Robert Guthrie Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one,shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of considerable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems. [source] When exactly can carpal tunnel syndrome be considered work-related?ANZ JOURNAL OF SURGERY, Issue 3 2002Sonja Falkiner Background: Carpal tunnel syndrome (CTS), compression of the median nerve at the wrist, is the most frequently encountered peripheral entrapment neuropathy. Whilst rates of all other work-related conditions have declined, the number of work-related musculoskeletal disorders (which include CTS) has not changed for the past 9 years in the USA. Median days off work are also highest for CTS: 27 compared to 20 for fractures and 18 for amputations. This results in enormous Workers Compensation and other costs to the community. Awareness of CTS as a disorder associated with repeated trauma at work is now so widespread amongst workers that many have diagnosed themselves before being medically assessed, often by means of the Internet. Surprisingly, however, a definite causal relationship has not yet been established for most occupations. Although the quality of research in this area is generally poor, CTS research studies are being used as the basis for acceptance of Workers Compensation claims, substantial expensive ergonomic workplace change and even workplace closures. The fact that the incidence of work-related musculoskeletal disorders has not changed despite these latter measures would suggest that a causal relationship is not proven and that some resources are being misdirected in CTS prevention and treatment. Method: A literature review of 64 articles on CTS was conducted. This included those articles most frequently cited as demonstrating the relationship between CTS and work. Results: Primary risk factors in the development of CTS are: being a woman of menopausal age, obesity or lack of fitness, diabetes or having a family history of diabetes, osteoarthritis of the carpometacarpal joint of the thumb, smoking, and lifetime alcohol intake. In most cases, work acts as the ,last straw' in CTS causation. Conclusion: Except in the case of work that involves very cold temperatures (possibly in conjunction with load and repetition) such as butchery, work is less likely than demographic and disease-related variables to cause CTS. To label other types of work as having caused CTS, therefore, would result in inappropriate allocation of resources. It would also relieve individuals of the responsibility of addressing correctable lifestyle factors and treatable illnesses such as obesity, diabetes, smoking and increased alcohol intake which may have contributed to their CTS more that their work. This results in both avoidable long-term health effects and ongoing costs to the community. [source] More evidence of the need for an ergonomic standardAMERICAN JOURNAL OF INDUSTRIAL MEDICINE, Issue 4 2004Jeff Biddle Abstract Background In 1999, the Occupational Safety and Health Administration (OSHA) proposed regulations designed to reduce work related inquiries by limiting worker exposure to "ergonomic risk factors." Congress subsequently overturned the regulations. We provide additional evidence on earnings losses attributable to musculoskeletal disorders (MSDs), and thus on the need for an ergonomic standard. Methods Regression techniques are used to analyze data from a survey of injured workers that has been matched to employer-reported earnings data covering pre- and post-injury periods, and to workers' compensation claims records. Results MSDs lead to large and persistent earnings losses. Cost estimates used by OSHA to justify the 1999 EPS are corroborated. Losses are greatest among workers who file workers compensation claims, but nonclaimants also have losses. Conclusions Earnings losses and lost productivity associated with work-related MSDs are substantial and an ergonomic standard could be cost effective. Am. J. Ind. Med. 45:329,337, 2004. © 2004 Wiley-Liss, Inc. [source] Workplace health and safety regulations: Impact of enforcement and consultation on workers' compensation claims rates in Washington State,AMERICAN JOURNAL OF INDUSTRIAL MEDICINE, Issue 5 2003James Baggs PhD Abstract Background There has been considerable debate in the public policy arena about the appropriate mix of regulatory enforcement and consultation in achieving desired health and safety behavior across industries. Recently there has been a shift in federal policy toward voluntary approaches and constraining the scope of enforcement programs, although there is little evidence that this might improve health and safety outcomes. To address this, we examined changes in lost time workers compensation claims rates for Washington State employers who had (1) no OSHA State Plan (WISHA) activity, (2) enforcement, (3) consultation, and (4) both types of visits. Methods Compensable claims rates, hours, and WISHA activity were determined for each employer account with a single business location that had payroll hours reported for every quarter from 1997,2000 and more than 10 employees. We used a generalized estimating equations (GEE) approach to Poisson regression to model the association between WISHA activity and claims rate controlling for other external factors. Results Controlling for previous claims rate and average size, claims rates for employers with WISHA enforcement activity declined 22.5% in fixed site industry SIC codes compared to 7% among employers with no WISHA activity (P,<,0.05), and in non-fixed site SICs (e.g., construction) claims rates declined 12.8% for employers with enforcement activity compared to a 7.4% decline for those with no WISHA activity (P,>,0.10). WISHA consultation activity was not associated with a greater decline in compensable claims rates (,2.3% for fixed sites and +3.5% for non-fixed sites). WISHA activity did not adversely affect worksite survivability through the study period. Conclusions Enforcement inspections are significantly associated with decreasing compensable workers compensation claims rates especially for fixed site employers. We were unable to identify an association between consultation activities and decreasing claims rates. Am. J. Ind. Med. 43:483,494, 2003. © 2003 Wiley-Liss, Inc. [source] | ||||||||||