ISSN:0735-3936    

DOI:10.1002/bsl.2370080402

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractIn the ‘looking‐glass land’ of workers' compensation psychiatry, symptoms are not always what they seem, treatments may have little or no positive effect, and workers' claims of continued disability may puzzle and perplex. Disability is in part a social role, and a simple medical model cannot explain the complex interactions of sociology, psychology, anthropology, medicine, economics, and law characteristic of the workers' compensation system. Psychiatrists functioning within and reciprocally shaped by this semi‐adversarial system will rarely encounter an ‘ideal’ patient. Factors in all areas of workers' lives, including those integral to the workers' compensation system, influence their movement along a health‐illness, ableddisabled axis. This paper identifies a number of interacting factors that may prolong, or even subvert, the recovery process following a work‐incurred in

ISSN:0735-3936    

DOI:10.1002/bsl.2370080403

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractWorkers' compensation, the USA's oldest social insurance program, is encountering new challenges in the form of mental stress claims. It is necessary to sort these cases three ways, in the terminology of compensation practitioners, physical‐mental, mental‐physical, and mental‐mental. Although each of these appear to represent only a small part of all compensation claims presently, each category is difficult to administer, and all hold the potential for large growth in activity. At the extreme, any of the three could swamp a state's compensation program, administratively or economically.A case can be made that mental stress cases are simply variants of challenges previously posed and in many instances, successfully resolved by the state systems. That question will be determined by the future decisions of legislators, courts, and state administrators.The economic impact of such cases is not known. Their importance, however, extends well beyond the direct costs of indemnity and medical benefits paid. Ultimately, the indirect efforts on employer‐worker‐union relations may be larger than the dir

ISSN:0735-3936    

DOI:10.1002/bsl.2370080404

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractMental disability claims for workers' compensation are troublesome for courts and clinicians. The overall pattern is one of a chaos of state legislative and judicial restrictions on recovery. A notable exception to this chaos is the use in the majority of American jurisdictions of the uniform system for determining mental impairment contained in the American Medical Association'sGuides to the Evaluation of Permanent Impairment.The use of theGuidesseems to have promoted uniformity among jurisdictions and greater acceptance of mental disability claims.A new problem with theGuidesmay lay ahead as the courts try to apply the third edition. This recent revision does not contain a percentage rating system for mental impairment. The availability of this system, and in the first edition of a diagnostic system, has long been attractive to courts, although it has undermined the AMA's goal of objective evaluation.

ISSN:0735-3936    

DOI:10.1002/bsl.2370080405

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractCanadian Workers Compensation Boards have recently been confronted with claims for compensation for disability related to workplace stress. Rules of adjudication applied to such claims are currently evolving in the 11 Canadian jurisdictions studied. This article describes the Canadian Workers' Compensation schemes and then proceeds to analyse the approach of the various provincial Boards to mental‐mental claims. It explores some of the differences between the Canadian and American approaches to the issue of compensation for psychological workplace stress, offers hypotheses as to the reasons for the disparities, and looks at the future of such claim

ISSN:0735-3936    

DOI:10.1002/bsl.2370080406

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractConnections between work, stress, and emotional distress have become the object of extensive litigation in the workers' compensation system and other legal forums. This article examines some of this activity from the perspective of medicolegal sociology. It explores five forums in which discussion of these connections takes place‐every day life, science, within organizations, adjudicatory inquiries, public policy‐and the moral stress discourse that helps bind these discussions together. Particular attention is paid to stress litigation stemming from investigations into violations of the law, principdy police work. Workers' compensation stress claims are viewed as part of an extensive societal medicolegal inquiry into the emotional underlife of work organizati

ISSN:0735-3936    

DOI:10.1002/bsl.2370080407

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractDuring the late 19th century, as a result of litigation following railway accidents, damage claims for emotional injuries became a medico‐legal issue. Efforts to find fair and socially acceptable means of settling such claims involved an interaction between medical theory and legal rules. Between 1866 and 1890 doctors debated the significance of ‘nervous’ symptoms, which resulted from accidents in which Little or no physical damage occurred. They rejected a strictly somatic interpretation of these symptoms and replaced it with a psychosomatic interpretation. Hoping to prevent a fiood of ‘false claims’, Anglo‐American courts initially rejected this psychosomatic interpretation, and ruled against damages in cases where fear without physical impact was the cause of the plaintiffs symptoms. Later, common law courts accepted the psychosomatic perspective and granted damages for physical illnesses in which fear was ‘one link in the chain of causation’. While early appeals under workers' compensation laws followed these later courts, worries about the social consequences ofthese rulings were also evident in the years before the

ISSN:0735-3936    

DOI:10.1002/bsl.2370080408

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractThis paper examines the administration of the Federal Employees Compensation Act by the Office of Workers' Compensation Programs (OWCP). It examines compensation claims originating at a large federal agency with a psychological component as either cause or consequence of a work‐related injury. Patterns of case outcomes are noted to be similar to those in other jurisdictions, and are discussed in terms of dirticdty of proof and policy preferences. Possible anomalies in the administration of the statutes are noted. The paper describes difliculties for mental health professionals attempting to substantiate psychological injuries, and addresses ethical issues related to tension between the nature of science and the requirements of administrative systems. Knowledge regarding idormational requirements and evaluative criteria used by OWCP is necessary to effectively substantiate the work‐relatedness of an injury. The paper provides guidelines concerning these requirements and crite

ISSN:0735-3936    

DOI:10.1002/bsl.2370080409

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractThe questions of how Post Traumatic Stress Disorder (PTSD) manifests itself among police officers and their eligibility to receive workers' compensation for PTSD are explored. The nature of the police officer's occupation, the prevalence of stress‐related disorders among police personnel, and the relationship of the police personality to the dynamics of the way stress is manifested are considered. The extent to which workers' compensation statutes in various states cover mental injuries is also examined, and the variables that may affect the outcome of an officer's receiving compensation for PTSD are discussed. Finally, implications for mental health professionals who testify as expert witnesses in cases dealing with police stress, as well as those who work in the assessment and treatment ofpolice personnel, are explore

ISSN:0735-3936    

DOI:10.1002/bsl.2370080410

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY

摘要:

AbstractExtensive controversy over the appropriate application of expert knowledge regarding issues of eyewitness accuracy led to a conference and a special issue of taw and Human Behavior in 1986. Arguments were presented both in support of and against the eyewitness researcher as expert testifier. The current research explored the views of the general public (N = 50), defense attorneys (N = 14), and prosecutors (N = 10) with regard to the use of eyewitness expertise in each of four roles (court‐appointed expert, consultant, researcher, expert tesdfier for the defense). Extensive differences of opinion were found across both samples and expert roles. In general, prosecutors held significantly more negative views of the usefulness of expert witnesses for the defense than did the public or defense attorneys. The role of court‐appointed expert was viewed positively by all three groups and may present a useful alternative to the battles of experts that may result from current practi

ISSN:0735-3936    

DOI:10.1002/bsl.2370080411

出版商:John Wiley&Sons, Ltd.    

年代:1990

数据来源: WILEY