Evaluation of a complex, population-based injury claims management intervention for improving injury outcomes: study protocol

PubMed Central

Collie, Alex; Gabbe, Belinda; Fitzharris, Michael

2015-01-01

Introduction Injuries resulting from road traffic crashes are a substantial cause of disability and death worldwide. Injured persons receiving compensation have poorer recovery and return to work than those with non-compensable injury. Case or claims management is a critical component of injury compensation systems, and there is now evidence that claims management can have powerful positive impacts on recovery, but can also impede recovery or exacerbate mental health concerns in some injured people. This study seeks to evaluate the impact of a population-based injury claims management intervention in the State of Victoria, Australia, on the health of those injured in motor vehicle crashes, their experience of the compensation process, and the financial viability of the compensation system. Methods and analysis Evaluation of this complex intervention involves a series of linked but stand-alone research projects to assess the anticipated process changes, impacts and outcomes of the intervention over a 5-year time frame. Linkage and analysis of routine administrative and health system data is supplemented with a series of primary studies collecting new information. Additionally, a series of ‘action’ research projects will be undertaken to inform the implementation of the intervention. A program logic model designed by the state government Transport Accident Commission in conjunction with the research team provides the evaluation framework. Ethics and dissemination Relatively few studies have comprehensively examined the impact of compensation system processes on the health of injured persons, their satisfaction with systems processes, and impacts on the financial performance of the compensation scheme itself. The wholesale, population-based transformation of an injury claims management model is a rare opportunity to document impacts of system-level policy change on outcomes of injured persons. Findings will contribute to the evidence base of information on the public health effects of injury claims management policy and practice. PMID:25967991

Evaluation of a complex, population-based injury claims management intervention for improving injury outcomes: study protocol.

PubMed

Collie, Alex; Gabbe, Belinda; Fitzharris, Michael

2015-05-12

Injuries resulting from road traffic crashes are a substantial cause of disability and death worldwide. Injured persons receiving compensation have poorer recovery and return to work than those with non-compensable injury. Case or claims management is a critical component of injury compensation systems, and there is now evidence that claims management can have powerful positive impacts on recovery, but can also impede recovery or exacerbate mental health concerns in some injured people. This study seeks to evaluate the impact of a population-based injury claims management intervention in the State of Victoria, Australia, on the health of those injured in motor vehicle crashes, their experience of the compensation process, and the financial viability of the compensation system. Evaluation of this complex intervention involves a series of linked but stand-alone research projects to assess the anticipated process changes, impacts and outcomes of the intervention over a 5-year time frame. Linkage and analysis of routine administrative and health system data is supplemented with a series of primary studies collecting new information. Additionally, a series of 'action' research projects will be undertaken to inform the implementation of the intervention. A program logic model designed by the state government Transport Accident Commission in conjunction with the research team provides the evaluation framework. Relatively few studies have comprehensively examined the impact of compensation system processes on the health of injured persons, their satisfaction with systems processes, and impacts on the financial performance of the compensation scheme itself. The wholesale, population-based transformation of an injury claims management model is a rare opportunity to document impacts of system-level policy change on outcomes of injured persons. Findings will contribute to the evidence base of information on the public health effects of injury claims management policy and practice. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Repeat workers' compensation claims: risk factors, costs and work disability

PubMed Central

2011-01-01

Background The objective of our study was to describe factors associated with repeat workers' compensation claims and to compare the work disability arising in workers with single and multiple compensation claims. Methods All initial injury claims lodged by persons of working age during a five year period (1996 to 2000) and any repeat claims were extracted from workers' compensation administrative data in the state of Victoria, Australia. Groups of workers with single and multiple claims were identified. Descriptive analysis of claims by affliction, bodily location, industry segment, occupation, employer and workplace was undertaken. Survival analysis determined the impact of these variables on the time between the claims. The economic impact and duration of work incapacity associated with initial and repeat claims was compared between groups. Results 37% of persons with an initial claim lodged a second claim. This group contained a significantly greater proportion of males, were younger and more likely to be employed in manual occupations and high-risk industries than those with single claims. 78% of repeat claims were for a second injury. Duration between the claims was shortest when the working conditions had not changed. The initial claims of repeat claimants resulted in significantly (p < 0.001) lower costs and work disability than the repeat claims. Conclusions A substantial proportion of injured workers experience a second occupational injury or disease. These workers pose a greater economic burden than those with single claims, and also experience a substantially greater cumulative period of work disability. There is potential to reduce the social, health and economic burden of workplace injury by enacting prevention programs targeted at these workers. PMID:21696637

32 CFR 536.35 - Unique issues related to environmental claims.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Unique issues related to environmental claims. 536.35 Section 536.35 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS... geographical jurisdiction over the claim and USARCS. Claims for personal injury from contamination frequently...

32 CFR 536.35 - Unique issues related to environmental claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Unique issues related to environmental claims. 536.35 Section 536.35 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS... geographical jurisdiction over the claim and USARCS. Claims for personal injury from contamination frequently...

Compensation for psychiatric injury: evolution of a law of nervous shock.

PubMed

Griffith, Richard

2006-09-01

District nurses will be well aware that if a person receives an injury because of someone else's negligence they are entitled to compensation for the harm that has been caused. However, where the injury is in the form of psychiatric harm the law has traditionally imposed rules that set out the conditions to be met before a successful claim for damages can be made. Even in today's enlightened society the law still does not always treat a psychiatric injury in the same way as a physical injury. In this article Richard Griffith outlines the development of the law in relation to psychiatric injury--historically called "nervous shock"--and considers the current approach to claims for damages where a person suffers psychiatric harm because of another's negligent act.

32 CFR 564.55 - Claims not payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

.... (a) Contributory negligence. Negligence or wrongful act of the claimant or of his agent or employee... or incident occurred will be followed in determining whether contributory negligence is present but the doctrine of comparative negligence will not be applied. (b) Personal injury. Claims for personal...

32 CFR 536.92 - Claims payable under the Non-Scope Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... negligent or wrongful acts or omissions of Department of Defense or Department of the Army (DA) military... or regulation available to the DA for the administrative settlement of claims. (b) Personal injury or...

32 CFR 536.74 - Scope for claims under the Military Claims Act.

Code of Federal Regulations, 2011 CFR

2011-07-01

... (normally a resident) of the United States at the time of the incident giving rise to the claim. See § 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Military Claims Act § 536.74... claims against the United States for death or personal injury, or damage to, or loss or destruction of...

32 CFR 536.74 - Scope for claims under the Military Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... (normally a resident) of the United States at the time of the incident giving rise to the claim. See § 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Military Claims Act § 536.74... claims against the United States for death or personal injury, or damage to, or loss or destruction of...

32 CFR 842.106 - Who may file a claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... file a claim for personal injury. (c) Executors or administrators of a decedent's estate or any other... 32 National Defense 6 2011-07-01 2011-07-01 false Who may file a claim. 842.106 Section 842.106... ADMINISTRATIVE CLAIMS Claims Under the National Guard Claims Act (32 U.S.C. 715) § 842.106 Who may file a claim...

32 CFR 842.106 - Who may file a claim.

Code of Federal Regulations, 2010 CFR

2010-07-01

... file a claim for personal injury. (c) Executors or administrators of a decedent's estate or any other... 32 National Defense 6 2010-07-01 2010-07-01 false Who may file a claim. 842.106 Section 842.106... ADMINISTRATIVE CLAIMS Claims Under the National Guard Claims Act (32 U.S.C. 715) § 842.106 Who may file a claim...

32 CFR 536.35 - Unique issues related to environmental claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... the United States based on contamination by toxic substances found in the air or the ground must be... geographical jurisdiction over the claim and USARCS. Claims for personal injury from contamination frequently arise at an area that is the subject of claims for cleanup of the contamination site. The cleanup claims...

32 CFR 536.46 - Other exclusions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.46 Other exclusions. (a) Statutory employer. A claim is not payable under any subpart if it is for personal injury or death of any contract employee...

32 CFR 536.46 - Other exclusions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.46 Other exclusions. (a) Statutory employer. A claim is not payable under any subpart if it is for personal injury or death of any contract employee...

32 CFR 536.46 - Other exclusions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.46 Other exclusions. (a) Statutory employer. A claim is not payable under any subpart if it is for personal injury or death of any contract employee...

32 CFR 536.46 - Other exclusions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.46 Other exclusions. (a) Statutory employer. A claim is not payable under any subpart if it is for personal injury or death of any contract employee...

32 CFR 536.46 - Other exclusions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.46 Other exclusions. (a) Statutory employer. A claim is not payable under any subpart if it is for personal injury or death of any contract employee...

13 CFR 114.101 - What do these regulations cover?

Code of Federal Regulations, 2010 CFR

2010-01-01

... CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES... property, personal injury, or death arising from the negligent or wrongful act or omission of any SBA...

14 CFR 1261.308 - NASA officials authorized to act upon claims.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true NASA officials authorized to act upon claims... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

Percutaneous injuries among dental professionals in Washington State

PubMed Central

Shah, Syed M; Merchant, Anwar T; Dosman, James A

2006-01-01

Background Percutaneous exposure incidents facilitate transmission of bloodborne pathogens such as human immunodeficiency virus (HIV), hepatitis C virus (HCV) and hepatitis B virus (HBV). This study was conducted to identify the circumstances and equipment related to percutaneous injuries among dental professionals. Methods We used workers' compensation claims submitted to the Department of Labor and Industries State Fund during a 7-year period (1995 through 2001) in Washington State for this study. We used the statement submitted by the injured worker on the workers' compensation claim form to determine the circumstances surrounding the injury including the type of activity and device involved. Results Of a total of 4,695 accepted State Fund percutaneous injury claims by health care workers (HCWs), 924 (20%) were submitted by dental professionals. Out of 924 percutaneous injuries reported by dental professionals 894 (97%) were among dental health care workers in non-hospital settings, including dentists (66, 7%), dental hygienists (61, 18%) and dental assistants (667, 75%). The majority of those reporting were females (638, 71%). Most (781, 87%) of the injuries involved syringes, dental instruments (77, 9%), and suture needles (23%). A large proportion (90%) of injuries occurred in offices and clinics of dentists, while remainder occurred in offices of clinics and of doctors of medicine (9%), and a few in specialty outpatient facilities (1%). Of the 894 dental health care workers with percutaneous injuries, there was evidence of HBV in 6 persons, HCV in 30 persons, HIV in 3 persons and both HBV and HVC (n = 2) exposure. Conclusion Out of hospital percutaneous injuries are a substantial risk to dental health professionals in Washington State. Improved work practices and safer devices are needed to address this risk. PMID:17074095

32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

Code of Federal Regulations, 2011 CFR

2011-07-01

... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

Code of Federal Regulations, 2014 CFR

2014-07-01

... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

Code of Federal Regulations, 2013 CFR

2013-07-01

... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

32 CFR 536.138 - Claims not payable under the Foreign Claims Act.

Code of Federal Regulations, 2012 CFR

2012-07-01

... solely on compassionate grounds; (e) Is a bastardy claim for child support expenses; (f) Is for any item... Department of Defense (DOD) directives, such as illegal war trophies. (g) Is for rent, damage, or other... damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by...

31 CFR 3.2 - Filing of claims.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Filing of claims. 3.2 Section 3.2 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND... to or loss of property, or personal injury, or death alleged to have occurred by reason of the...

31 CFR 3.2 - Filing of claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Filing of claims. 3.2 Section 3.2 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND... to or loss of property, or personal injury, or death alleged to have occurred by reason of the...

Risk factors for serious injury in Finnish agriculture.

PubMed

Rautiainen, Risto H; Ledolter, Johannes; Donham, Kelley J; Ohsfeldt, Robert L; Zwerling, Craig

2009-05-01

Previous studies indicate 20% of injuries represent 80% of injury costs in agriculture. To help prevent the most costly injuries, we aimed to identify characteristics and risk factors associated with serious injuries. We analyzed insurance records of 93,550 self-employed Finnish farmers. We ranked injury causes by claim cost and used multiple logistic regressions to identify risk factors for (any) injury and serious injury (injuries exceeding claim costs of 2000 euros). A total of 5,507 compensated injuries occurred in 2002 (rate 5.9/100 person-years), and 1,167 or 21% of them (rate 1.25/100 person-years) were serious. The causes/sources resulting in highest average claim costs were motor vehicles; stairs, scaffoldings, and ladders; trailers and wagons; floors, walkways, and steps; other structures and obstacles; augers, mills, and grain handling equipment; horses; combines and harvesting equipment; tractor steps; and uneven and slippery terrain. Older age, male gender, higher income level, greater field size, residing on the farm, Finnish language (vs. Swedish), occupational health service (OHS) membership, and animal production were risk factors for injury. The risk factors for serious injury were similar; however, the effects of age, income level, and the raising of horses were more prominent. Language, residence, ownership status, and OHS membership were not risk factors for serious injury. Cost-effective prevention efforts should address the following risk factors: older age, male gender, larger income and operation size, livestock production (particularly dairy, swine, and horses), motor vehicle incidents, falls from elevation, and slips, trips and falls. Copyright 2009 Wiley-Liss, Inc.

Relationship between stressfulness of claiming for injury compensation and long-term recovery: a prospective cohort study.

PubMed

Grant, Genevieve M; O'Donnell, Meaghan L; Spittal, Matthew J; Creamer, Mark; Studdert, David M

2014-04-01

Each year, millions of persons worldwide seek compensation for transport accident and workplace injuries. Previous research suggests that these claimants have worse long-term health outcomes than persons whose injuries fall outside compensation schemes. However, existing studies have substantial methodological weaknesses and have not identified which aspects of the claiming experience may drive these effects. To determine aspects of claims processes that claimants to transport accident and workers' compensation schemes find stressful and whether such stressful experiences are associated with poorer long-term recovery. Prospective cohort study of a random sample of 1010 patients hospitalized in 3 Australian states for injuries from 2004 through 2006. At 6-year follow-up, we interviewed 332 participants who had claimed compensation from transport accident and workers' compensation schemes ("claimants") to determine which aspects of the claiming experience they found stressful. We used multivariable regression analysis to test for associations between compensation-related stress and health status at 6 years, adjusting for baseline determinants of long-term health status and predisposition to stressful experiences (via propensity scores). Disability, quality of life, anxiety, and depression. Among claimants, 33.9% reported high levels of stress associated with understanding what they needed to do for their claim; 30.4%, with claim delays; 26.9%, with the number of medical assessments; and 26.1%, with the amount of compensation they received. Six years after their injury, claimants who reported high levels of stress had significantly higher levels of disability (+6.94 points, World Health Organization Disability Assessment Schedule sum score), anxiety and depression (+1.89 points and +2.61 points, respectively, Hospital Anxiety and Depression Scale), and lower quality of life (-0.73 points, World Health Organization Quality of Life instrument, overall item), compared with other claimants. Adjusting for claimants' vulnerability to stress attenuated the strength of these associations, but most remained strong and statistically significant. Many claimants experience high levels of stress from engaging with injury compensation schemes, and this experience is positively correlated with poor long-term recovery. Intervening early to boost resilience among those at risk of stressful claims experiences and redesigning compensation processes to reduce their stressfulness may improve recovery and save money.

33 CFR 25.117 - Proof of amount claimed for personal injury or death.

Code of Federal Regulations, 2010 CFR

2010-07-01

...) Duration of time injuries prevented or limited employment, (4) Past, present, and future limitations on employment, (5) Duration and extent of pain and suffering and of any disability or physical disfigurement, (6...

29 CFR 15.5 - Administrative claim; evidence or information to substantiate.

Code of Federal Regulations, 2011 CFR

2011-07-01

... of a claim for personal injury, including pain and suffering, the claimant is required to submit the... or would cost the claimant to hire someone else to do the same work he or she was doing at the time... for such expenses. (7) If damages for pain and suffering prior to death are claimed, a physician's...

14 CFR 1261.308 - NASA officials authorized to act upon claims.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

14 CFR § 1261.308 - NASA officials authorized to act upon claims.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false NASA officials authorized to act upon... ADMINISTRATION PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA...

14 CFR 1261.308 - NASA officials authorized to act upon claims.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

14 CFR 1261.308 - NASA officials authorized to act upon claims.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false NASA officials authorized to act upon... PROCESSING OF MONETARY CLAIMS (GENERAL) Claims Against NASA or Its Employees for Damage to or Loss of Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.308 NASA officials...

Iatrogenic nerve injury in a national no-fault compensation scheme: an observational cohort study.

PubMed

Moore, A E; Zhang, J; Stringer, M D

2012-04-01

Iatrogenic nerve injury causes distress and disability, and often leads to litigation. The scale and profile of these injuries has only be estimated from published case reports/series and analyses of medicolegal claims.   To determine the current spectrum of iatrogenic nerve injury in New Zealand by analysing treatment injury claims accepted by a national no-fault compensation scheme. The Accident Compensation Corporation (ACC) provides national no-fault personal accident insurance cover, which extends to patients who have sustained a treatment injury from a registered healthcare professional. Nerve injury claims identified from 5227 treatment injury claims accepted by the ACC in 2009 were analysed. From 327 claims, 292 (89.3%) documenting 313 iatrogenic nerve injuries contained sufficient information for analysis. Of these, 211 (67.4%) occurred in 11 surgical specialties, particularly orthopaedics and general surgery; the remainder involved phlebotomy services, anaesthesia and various medical specialties. The commonest causes of injury were malpositioning (n = 40), venepuncture (n = 26), intravenous cannulation (n = 21) and hip arthroplasty (n = 21). Most commonly injured were the median nerve and nerve roots (n = 32 each), brachial plexus (n = 26), and the ulnar nerve (n = 25). At least 34 (11.6%) patients were referred for surgical management of their nerve injury. Iatrogenic nerve injuries are not rare and occur in almost all branches of medicine, with malpositioning under general anaesthesia and venepuncture as leading causes. Some of these injuries are probably unavoidable, but greater awareness of which nerves are at risk and in what context should facilitate the development and/or wider implementation of preventive strategies. © 2012 Blackwell Publishing Ltd.

78 FR 47153 - Claims Under the Federal Tort Claims Act for Loss of or Damage to Property or for Personal Injury...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-05

... on negligence, wrongful act or omission. Authority: 12 U.S.C. 5492(a)(1), (11); 28 U.S.C. 2672; 28 CFR 14.11. Sec. 1076.101 Claims against a Bureau employee based on negligence, wrongful act or... representative may present a claim against a Bureau employee based on negligence, or wrongful act or omission, as...

20 CFR 429.104 - What evidence do I need to submit with my claim?

Code of Federal Regulations, 2011 CFR

2011-04-01

... claim for personal injury, including pain and suffering, you may be required to submit the following... statement of how much it cost you to hire someone to do the same work you were doing at the time of the...) If damages for pain and suffering prior to death are claimed, a physician's detailed statement...

Lessons to be learned: a retrospective analysis of physiotherapy injury claims.

PubMed

Johnson, Gillian M; Skinner, Margot A; Stephen, Rachel E

2012-08-01

Retrospective, descriptive analysis. To describe the prevalence and nature of insurance claims for injuries attributed to physiotherapy care. In New Zealand, a national insurance scheme, the Accident Compensation Corporation, provides comprehensive, no-fault personal injury coverage. The patterns of injury sustained during physiotherapy care have not previously been described. De-identified data for all injuries registered with the Accident Compensation Corporation from 2005 to 2010 and attributed to physiotherapy were accessed. Prevalence patterns (percentages) of new-claim data were determined for physiotherapy intervention category, injury site, nature of injury, age, and sex. A subcategory, exercise-related injuries, was analyzed according to injury site and whether the injury was related (primary) or unrelated (secondary) to the intended therapeutic goal. There were 279 claims related to physiotherapy care filed with the Accident Compensation Corporation during the studied reporting period. Injury was attributed predominantly to exercise (n = 88, 31.5% of cases) and manual therapy (n = 74, 26.5% of cases). The prevalence of events categorized as exercise related was greatest in those who were 55 to 59 years of age (n = 14, 16.3%) and greater in females (n = 47, 54.7%). Of the exercise-related injuries, 39.8% were in the lower-limb region and 35.2% were categorized as sprains/strains. Injuries attributed to exercise exceeded those linked to other therapies provided by physiotherapists, yet exercise therapy rarely features as a cause of adverse events reported to the physiotherapy profession. The proportion of exercise-related injury events underlines the need for ensuring safe and careful consideration of exercise prescription. Harm, level 4.

Heat-related illness in Washington State agriculture and forestry sectors.

PubMed

Spector, June T; Krenz, Jennifer; Rauser, Edmund; Bonauto, David K

2014-08-01

We sought to describe heat-related illness (HRI) in agriculture and forestry workers in Washington State. Demographic and clinical Washington State Fund workers' compensation agriculture and forestry HRI claims data (1995-2009) and Washington Agriculture Heat Rule citations (2009-2012) were accessed and described. Maximum daily temperature (Tmax) and Heat Index (HImax) were estimated by claim date and location using AgWeatherNet's weather station network. There were 84 Washington State Fund agriculture and forestry HRI claims and 60 Heat Rule citations during the study period. HRI claims and citations were most common in crop production and support subsectors. The mean Tmax (HImax) was 95°F (99°F) for outdoor HRI claims. Potential HRI risk factors and HRI-related injuries were documented for some claims. Agriculture and forestry HRI cases are characterized by potential work-related, environmental, and personal risk factors. Further work is needed to elucidate the relationship between heat exposure and occupational injuries. © 2014 Wiley Periodicals, Inc.

Heat-Related Illness in Washington State Agriculture and Forestry Sectors

PubMed Central

Spector, June T.; Krenz, Jennifer; Rauser, Edmund; Bonauto, David K.

2017-01-01

Background We sought to describe heat-related illness (HRI) in agriculture and forestry workers in Washington State. Methods Demographic and clinical Washington State Fund workers’ compensation agriculture and forestry HRI claims data (1995–2009) and Washington Agriculture Heat Rule citations (2009–2012) were accessed and described. Maximum daily temperature (Tmax) and Heat Index (HImax) were estimated by claim date and location using AgWeatherNet’s weather station network. Results There were 84 Washington State Fund agriculture and forestry HRI claims and 60 Heat Rule citations during the study period. HRI claims and citations were most common in crop production and support subsectors. The mean Tmax (HImax) was 95°F (99°F) for outdoor HRI claims. Potential HRI risk factors and HRI-related injuries were documented for some claims. Conclusions Agriculture and forestry HRI cases are characterized by potential work-related, environmental, and personal risk factors. Further work is needed to elucidate the relationship between heat exposure and occupational injuries. PMID:24953344

31 CFR 3.1 - Scope of regulations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Scope of regulations. 3.1 Section 3.1 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND... United States for injury to or loss of property or personal injury or death caused by the negligent or...

31 CFR 3.1 - Scope of regulations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Scope of regulations. 3.1 Section 3.1 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND... United States for injury to or loss of property or personal injury or death caused by the negligent or...

The association of compensation on longer term health status for people with musculoskeletal injuries following road traffic crashes: emergency department inception cohort study.

PubMed

Littleton, S M; Cameron, I D; Poustie, S J; Hughes, D C; Robinson, B J; Neeman, T; Smith, P N

2011-09-01

To compare the health status of people claiming compensation for injuries sustained in road traffic crashes (RTC), with people who do not claim compensation. Prospective cohort study. Australian Capital Territory, Australia and a fault based common law compensation scheme. People presenting to the emergency department with mild to moderate musculoskeletal injury following RTC. Physical Component Score (PCS) and Mental Component Score (MCS) of the Short Form 36 (SF-36) health status measure, Hospital Anxiety and Depression Scale (HADS) and the Functional Rating Index (FRI). These measures are recorded immediately post crash, at 6 and 12 months post crash. 95 people participated in the study and were enrolled a mean of 8.6 (median 8) days following the crash. 86% were followed up to 12 months after injury. Mean age was 37 years, 61% were female and 91% were employed at the time of their injury.33%ultimately claimed compensation, and 25% engaged a lawyer. There were no major differences in baseline personal characteristics or injury related factors between the groups. As expected, involvement as a passenger and in multiple vehicle crashes, were more frequent in the group claiming compensation. Over the duration of the study claiming compensation was associated with lower SF-36 PCS (5.5 (95%CI 8.6 to 2.4), p = 0.001), greater HADS-Anxiety (1.7 (95%CI 0.2–3.3), p = 0.048), and worse FRI (11.2 (95%CI 3.9–18.5), p = 0.003). There was a highly significant improvement in health status between baseline and 6 months after injury, but no further significant change between 6 and 12 months after injury. There was no difference in rate of improvement between the groups. Claiming compensation and psychological factors were independent predictors of worse health status at 12 months. In this study the group claiming compensation had overall worse health status following mild to moderate musculoskeletal injuries over the course of the study. There was no difference in rate of improvement between the groups. However, it is not possible to determine whether this negative effect was due to claiming compensation itself or the presence of other unmeasured factors.

33 CFR 25.405 - Claims not payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

... wrongful act of the claimant, claimant's agent, or claimant's employee, unless comparative negligence is applicable under local law; (d) Is for death or personal injury of a United States employee for whom benefits...

Liability for medical malpractice--recent New Zealand developments.

PubMed

Sladden, Nicola; Graydon, Sarah

2009-03-01

Over the last 30 years in New Zealand, civil liability for personal injury including "medical malpractice" has been most notable for its absence. The system of accident compensation and the corresponding bar on personal injury claims has been an interesting contrast to the development of tort law claims for personal injury in other jurisdictions. The Health and Disability Commissioner was appointed in 1994 to protect and promote the rights of health and disability consumers as set out in the Code of Health and Disability Services Consumers' Rights. An important right in the Code, in terms of an equivalent to the common law duty to take reasonable care, is that patients have the right to services of an appropriate standard. Several case studies from the Commissioner's Office are used to illustrate New Zealand's unique medico-legal system and demonstrate how the traditional common law obligation of reasonable care and skill is applied. From an international perspective, the most interesting aspect of liability for medical malpractice in New Zealand is its relative absence - in a tortious sense anyway. This paper will give some general background on the New Zealand legal landscape and discuss recent case studies of interest.

Injury Scheme Claims in Gaelic Games: A Review of 2007–2014

PubMed Central

Roe, Mark; Blake, Catherine; Gissane, Conor; Collins, Kieran

2016-01-01

Context:  Gaelic games (Gaelic football and hurling) are indigenous Irish sports with increasing global participation in recent years. Limited information is available on longitudinal injury trends. Reviews of insurance claims can reveal the economic burden of injury and guide cost-effective injury-prevention programs. Objective:  To review Gaelic games injury claims from 2007–2014 for male players to identify the costs and frequencies of claims. Particular attention was devoted to lower limb injuries due to findings from previous epidemiologic investigations of Gaelic games. Design:  Descriptive epidemiology study. Setting:  Open-access Gaelic Athletic Association Annual Reports from 2007–2014 were reviewed to obtain annual injury-claim data. Patients or Other Participants:  Gaelic Athletic Association players. Main Outcome Measure(s):  Player age (youth or adult) and relationships between lower limb injury-claim rates and claim values, Gaelic football claims, hurling claims, youth claims, and adult claims. Results:  Between 2007 and 2014, €64 733 597.00 was allocated to 58 038 claims. Registered teams had annual claim frequencies of 0.36 with average claim values of €1158.4 ± 192.81. Between 2007 and 2014, average adult claims were always greater than youth claims (6217.88 versus 1036.88), while Gaelic football claims were always greater than hurling claims (5395.38 versus 1859.38). Lower limb injuries represented 60% of all claims. The number of lower limb injury claims was significantly correlated with annual injury-claim expenses (r = 0.85, P = .01) and adult claims (r = 0.96, P = .01) but not with youth claims (r = 0.69, P = .06). Conclusions:  Reducing lower limb injuries will likely reduce injury-claim expenses. Effective injury interventions have been validated in soccer, but whether such changes can be replicated in Gaelic games remains to be investigated. Injury-claim data should be integrated into current elite injury-surveillance databases to monitor the cost effectiveness of current programs. PMID:26967548

Surgical exploration of hand wounds in the emergency room: Preliminary study of 80 personal injury claims.

PubMed

Mouton, J; Houdre, H; Beccari, R; Tarissi, N; Autran, M; Auquit-Auckbur, I

2016-12-01

The SHAM Insurance Company in Lyon, France, estimated that inadequate hand wound exploration in the emergency room (ER) accounted for 10% of all ER-related personal injury claims in 2013. The objective of this study was to conduct a critical analysis of 80 claims that were related to hand wound management in the ER and led to compensation by SHAM. Eighty claims filed between 2007 and 2010 were anonymised then included into the study. To be eligible, claims had to be filed with SHAM, related to the ER management of a hand wound in an adult, and closed at the time of the study. Claims related to surgery were excluded. For each claim, we recorded 104 items (e.g., epidemiology, treatments offered, and impact on social and occupational activities) and analysed. Of the 70 patients, 60% were manual workers. The advice of a surgeon was sought in 16% of cases. The most common wound sites were the thumb (33%) and index finger (17%). Among the missed lesions, most involved tendons (74%) or nerves (29%). Many patients had more than one reason for filing a claim. The main reasons were inadequate wound exploration (97%), stiffness (49%), and dysaesthesia (41%). One third of patients were unable to return to their previous job. Mean sick-leave duration was 148 days and mean time from discharge to best outcome was 4.19%. Most claims (79%) were settled directly with the insurance company, 16% after involvement of a public mediator, and 12% in court. The mean compensatory damages award was 4595Euros. Inadequate surgical exploration of hand wounds is common in the ER, carries a risk of lasting and sometimes severe residual impairment, and generates considerable societal costs. IV. Copyright © 2016. Published by Elsevier Masson SAS.

Work-related injuries in drywall installation.

PubMed

Lipscomb, H J; Dement, J M; Gaal, J S; Cameron, W; McDougall, V

2000-10-01

Administrative data sources were used to describe the work-related injuries of drywall carpenters, to calculate rates of occurrence, and to explore high risk sub-groups. Health insurance eligibility files were used to identify a cohort of active union carpenters affiliated with a union local whose predominant work involved drywall installation in the state of Washington. These files contained the hours worked by each individual for each month between January 1989 and December 1995, providing person-hours at risk as a union carpenter. The Washington Department of Labor and Industries (L&I) provided records of workers' compensation claims filed by these individuals. Over seven years 1773 drywall carpenters filed 2567 workers' compensation claims representing an overall rate of 53.3 per 200,000 hours worked. These claims were filed by 1046 different individuals, or 59.0 percent of the cohort. Claims resulting in paid lost time from work were filed at a rate of 12.5 per 200,000 hours worked (n = 609) by 445 (25.1%) different individuals. The most common mechanisms of injury involved being struck (38.3%), overexertion (28.1%), and falls (13.2%). Struck by injuries most commonly involved cuts to the upper extremity. Overexertion injuries were most commonly described as sprains or strains involving the back. Sheetrock was associated with over 40 percent of these injuries. Falls most commonly involved injuries to the knee followed by the back and multiple injuries. Struck by injuries decreased steadily with increasing age and increasing time in the union. There was a steady increase in the rate of falls with increasing age. Overexertion injuries were responsible for the greatest proportion of costs for medical care, permanent impairment, and paid lost days. The high rates of overexertion injuries among these workers is consistent with known ergonomic stresses on drywall jobs. However, these workers are also at high risk of acute traumatic injuries.

32 CFR 750.54 - Payment of costs, settlements, and judgments related to certain medical or legal malpractice claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any physician, dentist, nurse... assistants, and therapists)] or 10 U.S.C. 1054(f) (for damages for injury or loss of property caused by any... health care functions or legal services and within the scope of employment; and (2) Such personnel...

32 CFR 750.54 - Payment of costs, settlements, and judgments related to certain medical or legal malpractice claims.

Code of Federal Regulations, 2014 CFR

2014-07-01

... cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any physician, dentist, nurse... assistants, and therapists)] or 10 U.S.C. 1054(f) (for damages for injury or loss of property caused by any... health care functions or legal services and within the scope of employment; and (2) Such personnel...

32 CFR 750.54 - Payment of costs, settlements, and judgments related to certain medical or legal malpractice claims.

Code of Federal Regulations, 2011 CFR

2011-07-01

... cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any physician, dentist, nurse... assistants, and therapists)] or 10 U.S.C. 1054(f) (for damages for injury or loss of property caused by any... health care functions or legal services and within the scope of employment; and (2) Such personnel...

32 CFR 750.54 - Payment of costs, settlements, and judgments related to certain medical or legal malpractice claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any physician, dentist, nurse... assistants, and therapists)] or 10 U.S.C. 1054(f) (for damages for injury or loss of property caused by any... health care functions or legal services and within the scope of employment; and (2) Such personnel...

32 CFR 750.54 - Payment of costs, settlements, and judgments related to certain medical or legal malpractice claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

... cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any physician, dentist, nurse... assistants, and therapists)] or 10 U.S.C. 1054(f) (for damages for injury or loss of property caused by any... health care functions or legal services and within the scope of employment; and (2) Such personnel...

33 CFR 25.117 - Proof of amount claimed for personal injury or death.

Code of Federal Regulations, 2011 CFR

2011-07-01

... employment, (5) Duration and extent of pain and suffering and of any disability or physical disfigurement, (6...) Time lost from work as a result of the incident, and (6) Claimant's actual period of employment, full...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2011 CFR

2011-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2010 CFR

2010-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

32 CFR 756.3 - Notification.

Code of Federal Regulations, 2014 CFR

2014-07-01

... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

32 CFR 756.3 - Notification.

Code of Federal Regulations, 2011 CFR

2011-07-01

... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

32 CFR 756.3 - Notification.

Code of Federal Regulations, 2010 CFR

2010-07-01

... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

32 CFR 756.3 - Notification.

Code of Federal Regulations, 2012 CFR

2012-07-01

... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

32 CFR 756.3 - Notification.

Code of Federal Regulations, 2013 CFR

2013-07-01

... as flying clubs, carry private commercial insurance to protect them from claims for property damage... Composite Insurance Program, if desired: Child welfare centers, billeting funds, chapel funds, and civilian welfare funds. (c) When the operations of NAFI's result in property damage or personal injury, the...

Cost of compensated injuries and occupational diseases in agriculture in Finland.

PubMed

Rautiainen, Risto H; Ohsfeldt, Robert; Sprince, Nancy L; Donham, Kelley J; Burmeister, Leon F; Reynolds, Stephen J; Saarimäki, Pentti; Zwerling, Craig

2005-01-01

Although agriculture is one of the most hazardous industries, the costs of agricultural injuries and illnesses are not well known. This study aimed to determine the cost burden from compensated injuries and occupational diseases in Finnish agriculture using workers compensation records. The incidence rates in 1996 were 7.4/100 for injuries and 0.61/100 for occupational diseases. Men had a higher risk of injury (RR = 1.89; 95% CI: 1.81-1.97), but a lower risk of an occupational disease (RR = 0.68; 95% CI: 0.60-0.78), compared to women. The total cost burden was 75 (Euros) per person in 1983, increasing to 215 in 1999. The total insurance cost in 1996 was 23.5 million consisting of medical care (16%), per diem (lost time compensation within one year from the incident) (37%), pension (lost time compensation after one year from the incident) (23%), survivors pension (3%), impairment allowance (7%), rehabilitation (6%), and other costs (9%). The total cost was 0.7% of the national gross farm income and 2.2% of the net farm income. The mean cost of 1996 cases was 1340 for injuries and 6636 for occupational diseases. Injuries represented 92% of the claims and 71% of the total costs. Occupational diseases represented 8% of the claims and 29% of the costs. Twenty percent of the most severe claims represented 79.5% of the total insurance costs. Injuries and occupational diseases result in significant costs in agriculture. Lost time was the largest cost item. Overall, injuries were more costly than occupational diseases. This study indicates that the 20%-80% rule applies to agricultural injury and illness costs, and from the cost standpoint, it is important to focus prevention efforts on the most severe incidents.

Incidence of Traumatic Brain Injury Across the Full Disease Spectrum: A Population-Based Medical Record Review Study

PubMed Central

Leibson, Cynthia L.; Brown, Allen W.; Ransom, Jeanine E.; Diehl, Nancy N.; Perkins, Patricia K.; Mandrekar, Jay; Malec, James F.

2012-01-01

Background Extremely few objective estimates of traumatic brain injury incidence include all ages, both sexes, all injury mechanisms, and the full spectrum from very mild to fatal events. Methods We used unique Rochester Epidemiology Project medical records-linkage resources, including highly sensitive and specific diagnostic coding, to identify all Olmsted County, MN, residents with diagnoses suggestive of traumatic brain injury regardless of age, setting, insurance, or injury mechanism. Provider-linked medical records for a 16% random sample were reviewed for confirmation as definite, probable, possible (symptomatic), or no traumatic brain injury. We estimated incidence per 100,000 person-years for 1987–2000 and compared these record-review rates with rates obtained using Centers for Disease Control and Prevention (CDC) data-systems approach. For the latter, we identified all Olmsted County residents with any CDC-specified diagnosis codes recorded on hospital/emergency department administrative claims or death certificates 1987–2000. Results Of sampled individuals, 1257 met record-review criteria for incident traumatic brain injury; 56% were ages 16–64 years, 56% were male, 53% were symptomatic. Mechanism, sex, and diagnostic certainty differed by age. The incidence rate per 100,000 person-years was 558 (95% confidence interval = 528–590) versus 341 (331–350) using the CDC data system approach. The CDC approach captured only 40% of record-review cases. Seventy-four percent of missing cases presented to hospital/emergency department; none had CDC-specified codes assigned on hospital/emergency department administrative claims or death certificates; 66% were symptomatic. Conclusions Capture of symptomatic traumatic brain injuries requires a wider range of diagnosis codes, plus sampling strategies to avoid high rates of false-positive events. PMID:21968774

Managing novel reproductive injuries in the law of tort: the curious case of destroyed sperm.

PubMed

Priaulx, Nicolette

2010-03-01

In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.

32 CFR 842.108 - Who are not proper claimants.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., and municipalities. (e) The state territory, local government unit, or their agencies, whose ANG... duty under 32 U.S.C. when the personal injury or death claim arises incident to service. (b) Agencies and departments of the U.S. Government including the District of Columbia government. (c) Federal...

32 CFR 842.108 - Who are not proper claimants.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., and municipalities. (e) The state territory, local government unit, or their agencies, whose ANG... duty under 32 U.S.C. when the personal injury or death claim arises incident to service. (b) Agencies and departments of the U.S. Government including the District of Columbia government. (c) Federal...

32 CFR 842.50 - Claims not payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation... incident to service. (r) Is for the personal injury or death of a government employee for whom benefits are... fund employees, for whom benefits are provided by the Longshore and Harbor Workers' Compensation Act...

32 CFR 842.55 - Scope of this subpart.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Scope of this subpart. 842.55 Section 842.55 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... property damage, personal injury, or death caused by military and civilian members of the US Armed Forces...

32 CFR 536.80 - Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Code of Federal Regulations, 2011 CFR

2011-07-01

....C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants... service with other than a federal department, agency, or instrumentality and direct contract personnel...

32 CFR 536.80 - Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

....C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants... service with other than a federal department, agency, or instrumentality and direct contract personnel...

32 CFR 536.80 - Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Code of Federal Regulations, 2014 CFR

2014-07-01

....C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants... service with other than a federal department, agency, or instrumentality and direct contract personnel...

32 CFR 536.80 - Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

....C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants... service with other than a federal department, agency, or instrumentality and direct contract personnel...

32 CFR 536.80 - Payment of costs, settlements, and judgments related to certain medical malpractice claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

....C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants... service with other than a federal department, agency, or instrumentality and direct contract personnel...

48 CFR 3052.217-95 - Liability and insurance (USCG).

Code of Federal Regulations, 2013 CFR

2013-10-01

... SECURITY, HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES AND FORMS SOLICITATION PROVISIONS AND... insurance against any form of loss or damage to the vessel(s) or to the materials or equipment to which the... limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or...

Age-related injury and compensation claim rates in heavy industry.

PubMed

Guest, M; Boggess, M M; Viljoen, D A; Duke, J M; Culvern, C N

2014-03-01

Although ageing workers face specific health and safety concerns, conflicting evidence exists regarding the effects of age on workplace injury rates and workers' compensation claims. To examine injury and workers' compensation claim rates by age and injury type in an aluminium smelter over a 9-year period. Routinely collected data for workplace injuries and workers' compensation claims were retrieved for the period from 1997 to 2005. The study included a total of 709 workers who experienced 2281 at-work injuries and submitted 446 claims. In 1997, 16% of employees were aged 50 or over; by 2005 that proportion had more than doubled to 35%. Injury and claim rates in all age groups did not change significantly during this period. Workers younger than 30 years of age had the highest injury rates, with differences most significant for injuries other than sprains and strains. Claim rates were not significantly different across age groups. These findings do not provide evidence to support the notion that older workers sustain more injuries and are more likely to claim compensation for their injuries. Our findings demonstrate that in this workplace, older workers were able to maintain their ability to work safely. This contrasts with the finding that younger workers had the highest injury and claim rates. While adapting to the needs of an ageing workforce, employers should not lose sight of the need to nurture a strong culture of working safely among their youngest workers.

Characteristics of, and insurance payments for, injuries to cyclists in Tasmania, 1990-2010.

PubMed

Hitchens, P L; Palmer, A J

2012-11-01

To describe the characteristics and costs of injuries to cyclists resulting in a 3rd party insurance claim in Tasmania. Data on injuries to cyclists were obtained from the Motor Accident Insurance Board (MAIB) for the period 1990-2010. Frequency and insurance costs of injuries to cyclists were compared to injuries incurred by other road users. Descriptive analyses of cycling injuries and insurance costs by year, age and sex of claimant, and type and location of injury are presented. Annual costs of insurance claims by cyclists averaged AUD 3.9 million. There was a significant decrease in the frequency of claims made by all road users combined over the study period, but not for cyclists. Cycling injuries made up 2.0% of claims but accounted for 3.4% of the total costs and were among the road user groups with the highest mean costs per claim. Fractures (20.7%) were the most common cycling injury. Brain injuries led to the highest mean claim costs (AUD 1,559,032), and accounted for 66.8% of claim costs made by cyclists. Mean costs per claim for cycling injuries are high compared to those made by most other road users. The costs of these injuries impose a substantial burden on insurance payers. The high costs and severity of claims by cyclists compared to other road users demonstrates the high vulnerability of cyclists, and lends support to increasing separation of cyclists from motor vehicles. Copyright © 2012 Elsevier Ltd. All rights reserved.

Incidence and prevalence of treated epilepsy among poor health and low-income Americans

PubMed Central

Bakaki, Paul M.; Lhatoo, Samden D.; Koroukian, Siran

2013-01-01

Objectives: To determine the incidence and prevalence of treated epilepsy in an adult Medicaid population. Methods: We performed a retrospective, dynamic cohort analysis using Ohio Medicaid claims data between 1992 and 2006. Individuals aged 18–64 years were identified as prevalent cases if they had ≥2 claims of epilepsy (ICD-9-CM: 345.xx) or ≥3 claims of convulsion (ICD-9-CM: 780.3 or 780.39) and ≥2 claims of antiepileptic drugs. Incident cases were required to have no epilepsy or convulsion claims for ≥5 years before epilepsy diagnosis. Subjects were determined as having preexisting disability and/or comorbid conditions, including brain tumor, depression, developmental disorders, migraine, schizophrenia, stroke, and traumatic brain injury, when at least one of these conditions occurred before epilepsy onset. Results: There were 9,056 prevalent cases of treated epilepsy in 1992–2006 and 1,608 incident cases in 1997–2006. The prevalence was 13.2/1,000 (95% confidence interval, 13.0–13.5/1,000). The incidence was 362/100,000 person-years (95% confidence interval, 344–379/100,000 person-years). The incidence and prevalence were significantly higher in men, in older people, in blacks, and in people with preexisting disability and/or comorbid conditions. The most common preexisting conditions in epilepsy subjects were depression, developmental disorders, and stroke, whereas people with brain tumor, traumatic brain injury, and stroke had the higher risk of developing epilepsy. Conclusions: The Medicaid population has a high incidence and prevalence of epilepsy, in an order of magnitude greater than that reported in the US general population. This indigent population carries a disproportionate amount of the epilepsy burden and deserves more attention for its health care needs and support services. PMID:23616158

33 CFR 25.405 - Claims not payable.

Code of Federal Regulations, 2011 CFR

2011-07-01

... States in combat; (b) Is purely contractual in nature; (c) Results wholly or partly from the negligent or... applicable under local law; (d) Is for death or personal injury of a United States employee for whom benefits... directly or indirectly by the United States on behalf of the injured employee; (e) Is cognizable under...

32 CFR 750.27 - Information and supporting documentation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Federal agency. Upon written request, a copy of the report of the examining physician shall be provided... made for lost wages, a written statement from the employer itemizing actual time and wages lost; (v) If... States for the personal injury or the damages claimed. (3) Property damage. (i) Proof of ownership; (ii...

School Bus Safety: What Can Our Schools Do to Protect Our Children?

ERIC Educational Resources Information Center

Dargan, Thomas J.; Silverstone, Adam H.

2014-01-01

School districts and school bus contractors are entrusted with the most important of all road users--our nation's children. In the wake of recent newsworthy accidents and attention grabbing headlines regarding unfit bus drivers, claims premised upon school bus accidents have become increasingly tangential and, in turn, personal injury attorneys…

Body mass index as a predictor of firefighter injury and workers' compensation claims.

PubMed

Kuehl, Kerry S; Kisbu-Sakarya, Yasemin; Elliot, Diane L; Moe, Esther L; Defrancesco, Carol A; Mackinnon, David P; Lockhart, Ginger; Goldberg, Linn; Kuehl, Hannah E

2012-05-01

To determine the relationship between lifestyle variables including body mass index and filing a workers' compensation claim due to firefighter injury. A cross-sectional evaluation of firefighter injury related to workers" compensation claims occurring 5 years after the original Promoting Healthy Lifestyles: Alternative Models' Effects study intervention. A logistic regression analysis for variables predicting filing a workers' compensation claim due to an injury was performed with a total of 433 participants. The odds of filing a compensation claim were almost 3 times higher for firefighters with a body mass index of more than 30 kg/m than firefighters with a normal body mass index (odds ratio, 2.89; P < 0.05). This study addresses a high-priority area of reducing firefighter injuries and workers' compensation claims. Maintaining a healthy body weight is important to reduce injury and workers' compensation claims among firefighters.

Surveillance of work-related musculoskeletal injuries among union carpenters.

PubMed

Lipscomb, H J; Dement, J M; Loomis, D P; Silverstein, B; Kalat, J

1997-12-01

Combined data sources, including union administrative records and workers' compensation claims, were used to construct event histories for a dynamic cohort of union carpenters from Washington State during the period 1989-1992. Person-time at risk and the events of interest were stratified by age, sex, time in the union, and predominant type of carpentry work. Poisson regression techniques were used to identify subgroups at greatest risk of filing claims for a variety of musculoskeletal disorders defined by ANSI codes for body part injured and injury nature. Distinguishing different kinds of musculoskeletal disorders, even crudely with ANSI codes, led to different conclusions about the effects of the explanatory variables. Among older workers, the rates of fractures of the foot were higher, while rates of contusions of the hand and foot were lower. Women had higher rates of sprain/strains and nerve conditions of the wrist/forearm. Higher rates of injuries to the axial skeleton were seen among carpenters who did predominantly light commercial and drywall work, while piledrivers had lower rates of these injuries. Drywall workers had higher rates of sprains to the ankle/lower leg. Workers who were members of the union as long as four years had lower risks for the vast majority of musculoskeletal disorders studied. Similar patterns were seen for more serious claims that resulted in paid lost time from work.

Nature of Medical Malpractice Claims Against Radiation Oncologists.

PubMed

Marshall, Deborah; Tringale, Kathryn; Connor, Michael; Punglia, Rinaa; Recht, Abram; Hattangadi-Gluth, Jona

2017-05-01

To examine characteristics of medical malpractice claims involving radiation oncologists closed during a 10-year period. Malpractice claims filed against radiation oncologists from 2003 to 2012 collected by a nationwide liability insurance trade association were analyzed. Outcomes included the nature of claims and indemnity payments, including associated presenting diagnoses, procedures, alleged medical errors, and injury severity. We compared the likelihood of a claim resulting in payment in relation to injury severity categories (death as referent) using binomial logistic regression. There were 362 closed claims involving radiation oncology, 102 (28%) of which were paid, resulting in $38 million in indemnity payments. The most common alleged errors included "improper performance" (38% of closed claims, 18% were paid; 29% [$11 million] of total indemnity), "errors in diagnosis" (25% of closed claims, 46% were paid; 44% [$17 million] of total indemnity), and "no medical misadventure" (14% of closed claims, 8% were paid; less than 1% [$148,000] of total indemnity). Another physician was named in 32% of claims, and consent issues/breach of contract were cited in 18%. Claims for injury resulting in death represented 39% of closed claims and 25% of total indemnity. "Improper performance" was the primary alleged error associated with injury resulting in death. Compared with claims involving death, major temporary injury (odds ratio [OR] 2.8, 95% confidence interval [CI] 1.29-5.85, P=.009), significant permanent injury (OR 3.1, 95% CI 1.48-6.46, P=.003), and major permanent injury (OR 5.5, 95% CI 1.89-16.15, P=.002) had a higher likelihood of a claim resulting in indemnity payment. Improper performance was the most common alleged malpractice error. Claims involving significant or major injury were more likely to be paid than those involving death. Insights into the nature of liability claims against radiation oncologists may help direct efforts to improve quality of care and minimize the risk of being sued. Copyright © 2017 Elsevier Inc. All rights reserved.

Nature of Medical Malpractice Claims Against Radiation Oncologists

DOE Office of Scientific and Technical Information (OSTI.GOV)

Marshall, Deborah; Tringale, Kathryn; Connor, Michael

Purpose: To examine characteristics of medical malpractice claims involving radiation oncologists closed during a 10-year period. Methods and Materials: Malpractice claims filed against radiation oncologists from 2003 to 2012 collected by a nationwide liability insurance trade association were analyzed. Outcomes included the nature of claims and indemnity payments, including associated presenting diagnoses, procedures, alleged medical errors, and injury severity. We compared the likelihood of a claim resulting in payment in relation to injury severity categories (death as referent) using binomial logistic regression. Results: There were 362 closed claims involving radiation oncology, 102 (28%) of which were paid, resulting in $38more » million in indemnity payments. The most common alleged errors included “improper performance” (38% of closed claims, 18% were paid; 29% [$11 million] of total indemnity), “errors in diagnosis” (25% of closed claims, 46% were paid; 44% [$17 million] of total indemnity), and “no medical misadventure” (14% of closed claims, 8% were paid; less than 1% [$148,000] of total indemnity). Another physician was named in 32% of claims, and consent issues/breach of contract were cited in 18%. Claims for injury resulting in death represented 39% of closed claims and 25% of total indemnity. “Improper performance” was the primary alleged error associated with injury resulting in death. Compared with claims involving death, major temporary injury (odds ratio [OR] 2.8, 95% confidence interval [CI] 1.29-5.85, P=.009), significant permanent injury (OR 3.1, 95% CI 1.48-6.46, P=.003), and major permanent injury (OR 5.5, 95% CI 1.89-16.15, P=.002) had a higher likelihood of a claim resulting in indemnity payment. Conclusions: Improper performance was the most common alleged malpractice error. Claims involving significant or major injury were more likely to be paid than those involving death. Insights into the nature of liability claims against radiation oncologists may help direct efforts to improve quality of care and minimize the risk of being sued.« less

20 CFR 10.7 - What forms are needed to process claims under the FECA?

Code of Federal Regulations, 2013 CFR

2013-04-01

.... Form No. Title (1) CA-1 Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay.... (8) CA-7 Claim for Compensation Due to Traumatic Injury or Occupational Disease. (9) CA-7a Time... claims under the FECA? (a) Notice of injury, claims and certain specified reports shall be made on forms...

20 CFR 10.7 - What forms are needed to process claims under the FECA?

Code of Federal Regulations, 2014 CFR

2014-04-01

.... Form No. Title (1) CA-1 Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay.... (8) CA-7 Claim for Compensation Due to Traumatic Injury or Occupational Disease. (9) CA-7a Time... claims under the FECA? (a) Notice of injury, claims and certain specified reports shall be made on forms...

20 CFR 10.7 - What forms are needed to process claims under the FECA?

Code of Federal Regulations, 2012 CFR

2012-04-01

.... Form No. Title (1) CA-1 Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay.... (8) CA-7 Claim for Compensation Due to Traumatic Injury or Occupational Disease. (9) CA-7a Time... claims under the FECA? (a) Notice of injury, claims and certain specified reports shall be made on forms...

Non-fatal work-related motor vehicle traffic crash injuries in New Zealand: analysis of a national claims database.

PubMed

Sultana, Shaheen; Robb, Gillian; Ameratunga, Shanthi; Jackson, Rod T

2007-12-14

This study describes event rates and associated costs from non-fatal work-related motor vehicle traffic crash (WR MVTC) injuries on public roads in New Zealand based on an analysis of the Accident Compensation Corporation (ACC) entitlement claims database. WR MVTC injury claims between July 2004 and June 2006 were identified from the ACC Motor Vehicle Account. Cross-sectional analyses were performed to describe the characteristics of the claims. Injury rates were estimated where appropriate. The overall age-standardised rate of non-fatal WR MVTC injury claims during the study period was 109 per 100,000 workers per year. The majority of claimants were male (75%) and New Zealand (NZ) European (67%), and one in three of these injuries occurred among plant and machine operators and assemblers. In contrast to rates of road traffic injury resulting in deaths and hospital admissions in NZ, younger and older workers had similar proportionate representation in the claims data. The total cost associated with the 1968 claims made during the 12 months from July 2004 to June 2005 was approximately NZ$6 million, with an average cost per claim of NZ$2884. To our knowledge this is the first published analysis of non-fatal WR MVTC injury claims in New Zealand. These analyses identify industry and demographic groups that appear to be at increased risk of WR MVTC injuries that could be targeted for preventive interventions. However, a number of limitations in the database, including uncertainties regarding the definition and coding of crashes deemed as "work-related", under-reporting of claims, and lack of a reliable indicator of injury severity significantly compromised our ability to interpret the results. Considerable improvement in the quality and reporting of claims data is required to facilitate the utility of this information to inform injury prevention strategies.

Empowerment of personal injury victims through the internet: design of a randomized controlled trial.

PubMed

Elbers, Nieke A; Akkermans, Arno J; Cuijpers, Pim; Bruinvels, David J

2011-02-02

Research has shown that current claims settlement process can have a negative impact on psychological and physical recovery of personal injury (PI) victims. One of the explanations for the negative impact on health is that the claims settlement process is a stressful experience and victims suffer from renewed victimization caused by the claims settlement process. PI victims can experience a lack of information, lack of involvement, lack of 'voice', and poor communication. We present the first study that aims to empower PI victims with respect to the negative impact of the claims settlement process by means of an internet intervention. The study is a two armed, randomized controlled trial (RCT), in which 170 PI victims are randomized to either the intervention or control group. The intervention group will get access to a website providing 1) an information module, so participants learn what is happening and what to expect during the claims settlement process, and 2) an e-coach module, so participants learn to cope with problems they experience during the claims settlement process. The control group will get access to a website with hyperlinks to commonly available information only. Participants will be recruited via a PI claims settlement office. Participants are included if they have been involved in a traffic accident which happened less than two years ago, and are at least 18 years old.The main study parameter is the increase of empowerment within the intervention group compared to the control group. Empowerment will be measured by the mastery scale and a self-efficacy scale. The secondary outcomes are perceived justice, burden, well being, work ability, knowledge, amount of damages, and lawyer-client communication. Data are collected at baseline (T0 measurement before randomization), at three months, six months, and twelve months after baseline. Analyses will be conducted according to the intention-to-treat principle. This study evaluates the effectiveness of an internet intervention aimed at empowerment of PI victims. The results will give more insight into the impact of compensation proceedings on health over time, and they can have important consequences for legal claims settlement. Strengths and limitations of this study are discussed. Netherlands Trial Register NTR2360.

Severe and fatal obstetric injury claims in relation to labor unit volume.

PubMed

Milland, Maria; Mikkelsen, Kim L; Christoffersen, Jens K; Hedegaard, Morten

2015-05-01

To assess possible association between the incidence of approved claims for severe and fatal obstetric injuries and delivery volume in Denmark. A nationwide panel study of labor units. Claimants seeking financial compensation due to injuries occurring in labor units in 1995-2012. Exposure information regarding the annual number of deliveries per labor unit was retrieved from the Danish National Birth Register. Outcome information was retrieved from the Danish Patient Compensation Association. Exposure was categorized in delivery volume quintiles as annual volume per labor unit: (10-1377), (1378-2016), (2017-2801), (2802-3861), (3862-6659). Five primary measures of outcome were used. Incidence rate ratios of (A) Submitted claims, (B) Approved claims, (C) Approved severe injury claims (120% degree of disability), (D) Approved fatal injury claims, and (C+D) Combined. 1 151 734 deliveries in 51 labor units and 1872 submitted claims were included. The incidence rate ratios of approved claims overall, of approved fatal injury claims, and of approved severe and fatal injuries combined increased significantly with decreasing annual delivery volume. Face value incidence rate ratios of approved severe injuries increased with decreasing labor unit volume, but the association did not reach statistical significance. High volume labor units appear associated with fewer approved and fewer fatal injury claims compared with units with less volume. The findings support the development towards consolidation of units in Denmark. A suggested option would be to tailor obstetric patient safety initiatives according to the delivery volume of individual labor units. © 2015 Nordic Federation of Societies of Obstetrics and Gynecology.

Effects of a work injury prevention program for housekeeping in the hotel industry.

PubMed

Landers, Merrill; Maguire, Lynn

2004-01-01

The aim of this retrospective study was to determine the effectiveness of a work injury prevention program in the housekeeping department of a hotel. Studies have validated the use of different injury prevention strategies to decrease the incidence of work-related injuries. Few studies, however, have reported the efficacy of an on-site work injury prevention program by a physical therapist. In 1995, implementation of a work injury prevention program by a physical therapist to 50 housekeeping supervisors, 60 house persons and 340 guest room attendants at a large hotel began. This program included a detailed work risk analysis of the work environment, development of job descriptions, identification of injury-related problematic work situations, and implementation of a job specific supervisor-training program. Supervisor, house person and guest room attendant training was also conducted at the end of 1995 and the beginning of 1997. Data of injury reports in 1995, 1996, and 1997 were analyzed to determine the results of the program. There was a reduction in total injury claims, total medical expenses, total lost work time and total restricted duty time. These results demonstrate the cost effectiveness of implementing a work injury prevention program for housekeeping guest room attendants in the hotel industry. Copyright 2004 IOS Press

18 CFR 367.9250 - Account 925, Injuries and damages.

Code of Federal Regulations, 2014 CFR

2014-04-01

... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

18 CFR 367.9250 - Account 925, Injuries and damages.

Code of Federal Regulations, 2011 CFR

2011-04-01

... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

18 CFR 367.9250 - Account 925, Injuries and damages.

Code of Federal Regulations, 2013 CFR

2013-04-01

... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

18 CFR 367.9250 - Account 925, Injuries and damages.

Code of Federal Regulations, 2012 CFR

2012-04-01

... company against injuries and damages claims of employees or others, losses of such character not covered by insurance, and expenses incurred in settlement of injuries and damages claims. It also must... against claims from injuries and damages by employees or others, such as public liability, property...

Investigating the relationship between worker demographics and nature of injury on Federal Department of Defense workers' compensation injury rates and costs from 2000 to 2008.

PubMed

Mallon, Timothy M; Cherry, Scott E

2015-03-01

This is the first study of workers' compensation injuries and costs in Department of Defense workers that examined whether any demographic factors including age, sex, occupation, and nature of injury altered the risks or costs of an injury or illness over time. Department of Defense Workers' Compensation claims for period 2000 to 2008 were analyzed (n = 142,115) using Defense Portal Analysis and Defense Manpower Data Center to calculate injury rates and costs. Regression analysis was done using SPSS to examine the change in the risk of injury or illness over time from 2000 to 2008. The age group of 30 to 34 years had the lowest costs per claim and highest claims rate, 332 per 10,000. The age group of 65 to 70 years had the lowest claims rate of 188 per 10,000 but the highest costs per claim. Claims cost increased $69 for each 5-year group, and older workers had a threefold increase in costs per claim. Younger workers get hurt more often, but older workers tend to have more expensive claims.

46 CFR 310.9 - Medical attention and injury claims.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 46 Shipping 8 2013-10-01 2013-10-01 false Medical attention and injury claims. 310.9 Section 310.9... Medical attention and injury claims. (a) Medical attention and hospitalization. The school shall be... employees shall look to the State alone for pay, allowances, compensation and other benefits during injury...

46 CFR 310.9 - Medical attention and injury claims.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 46 Shipping 8 2014-10-01 2014-10-01 false Medical attention and injury claims. 310.9 Section 310.9... Medical attention and injury claims. (a) Medical attention and hospitalization. The school shall be... employees shall look to the State alone for pay, allowances, compensation and other benefits during injury...

46 CFR 310.9 - Medical attention and injury claims.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 46 Shipping 8 2012-10-01 2012-10-01 false Medical attention and injury claims. 310.9 Section 310.9... Medical attention and injury claims. (a) Medical attention and hospitalization. The school shall be... employees shall look to the State alone for pay, allowances, compensation and other benefits during injury...

Predicting workers' compensation claims and disciplinary actions using SecureFit®: Further support for integrative models of workplace safety.

PubMed

O'Connell, Matthew; Delgado, Kristin; Lawrence, Amie; Kung, Mavis; Tristan, Esteban

2017-06-01

A growing body of applied research has identified certain psychological traits that are predictive of worker safety. However, most of these studies suffer from an overreliance on common method bias caused by self-report measures of both: (a) personal factors such as personality traits; and (b) outcomes such as safety behaviors and injuries. This study utilized archival data from 796 employees at a large U.S. automobile manufacturer. Data were gathered on a pre-employment assessment, SecureFit®, that measured key personality characteristics such as conscientiousness, locus of control, and risk taking. In addition, objective measures of workers' compensation claims and disciplinary actions were also gathered. The results indicated that disciplinary actions and workers' compensation claims were strongly correlated. It also demonstrated that the pre-employment assessment was able to predict both disciplinary actions and workers' compensation claims up to 12months in the future. Screening out just 8% of the applicant sample using the assessment would have resulted in a 35% reduction in disciplinary actions and 46% in workers' compensation claims, respectively. The study found a very strong relationship between counterproductive work behaviors (CWBs), such as not following rules, and workers' compensation claims. It also found a strong relationship between a combination of personality traits that have been shown to be associated with both variables, although the current study was able to demonstrate that relationship with objective measure of both variables. Individuals who receive disciplinary actions for things such as not following rules, not coming to work on time, etc. are significantly more likely to also be involved in serious safety incidents, and vice versa. Identifying those individuals early on in the hiring process and screening them out can significantly reduce the number of CWBs as well as workers' compensation claims. Copyright © 2017 Elsevier Ltd and National Safety Council. All rights reserved.

76 FR 52580 - Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-23

..., Room 2400, St. Louis, MO 63155-9948. FOR FURTHER INFORMATION CONTACT: Ruth A. Przybeck, Chief Counsel... Center, USPS National Tort Center, 1720 Market Street, Room 2400, St. Louis, MO 63155-9948'' in its place... Counsel, Torts, General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St...

Evidence: Educational Evaluation and the Metaphors of Law.

ERIC Educational Resources Information Center

Wolf, Robert L.

A suit was filed in 1972 in California by an 18 year old high school graduate who asserted that he remained functionally illiterate after 13 years of regular attendance in the San Francisco public schools. Claiming personal injury as a consequence of the failure of school professionals to exercise reasonable care in the discharge of their duties,…

Injury Incidence and Patterns in Workers with Intellectual Disability: A Comparative Study

ERIC Educational Resources Information Center

Lysaght, Rosemary; Sparring, Cynthia; Ouellette-Kuntz, Helene; Marshall, Carrie Anne

2011-01-01

Background: Workplace safety is a concern in the employment of persons with intellectual disability, due to both real concerns for employee well-being, and the effect that negative perceptions of safety risk can have on hiring. Method: This study involved a retrospective analysis of workplace insurance claim records for workers with and without…

36 CFR 9.51 - Damages and penalties.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 36 Parks, Forests, and Public Property 1 2014-07-01 2014-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

36 CFR 9.51 - Damages and penalties.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 36 Parks, Forests, and Public Property 1 2011-07-01 2011-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

36 CFR 9.51 - Damages and penalties.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 36 Parks, Forests, and Public Property 1 2012-07-01 2012-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

36 CFR 9.51 - Damages and penalties.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

36 CFR 9.51 - Damages and penalties.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 36 Parks, Forests, and Public Property 1 2013-07-01 2013-07-01 false Damages and penalties. 9.51... MINERALS MANAGEMENT Non-Federal Oil and Gas Rights § 9.51 Damages and penalties. (a) The operator shall be... employees from any damages or claims for injury or death of persons and damage or loss of property by any...

Injuries and illnesses from wood framing in residential construction, Washington State, 1993-1999.

PubMed

Shah, Syed Mahboob Ali; Bonauto, David; Silverstein, Barbara; Foley, Michael; Kalat, John

2003-11-01

The construction industry is associated with high rates of work-related injury. We used workers compensation data to describe the injuries and illnesses, claim rates, and claim costs associated with wood framing activities in construction. From 1993 to 1999, there were 33,021 accepted state fund workers compensation claims with direct costs of over $197 million. The average annual claim rate was 45 per 100 full-time equivalent. Statistically significant downward trends were noted in claim rates for all injuries and illnesses, compensable time loss claims, eye and fall injuries. However, these trends were not statistically significantly different from those observed in all other construction risk classes combined. The information in this report can be used to guide prevention efforts and to evaluate the effectiveness of Washington state initiatives to reduce injury and illness rates in wood frame construction.

Can administrative claim file review be used to gather physical therapy, occupational therapy, and psychology payment data and functional independence measure scores? Implications for rehabilitation providers in the private health sector.

PubMed

Riis, Viivi; Jaglal, Susan; Boschen, Kathryn; Walker, Jan; Verrier, Molly

2011-01-01

Rehabilitation costs for spinal-cord injury (SCI) are increasingly borne by Canada's private health system. Because of poor outcomes, payers are questioning the value of their expenditures, but there is a paucity of data informing analysis of rehabilitation costs and outcomes. This study evaluated the feasibility of using administrative claim file review to extract rehabilitation payment data and functional status for a sample of persons with work-related SCI. Researchers reviewed 28 administrative e-claim files for persons who sustained a work-related SCI between 1996 and 2000. Payment data were extracted for physical therapy (PT), occupational therapy (OT), and psychology services. Functional Independence Measure (FIM) scores were targeted as a surrogate measure for functional outcome. Feasibility was tested using an existing approach for evaluating health services data. The process of administrative e-claim file review was not practical for extraction of the targeted data. While administrative claim files contain some rehabilitation payment and outcome data, in their present form the data are not suitable to inform rehabilitation services research. A new strategy to standardize collection, recording, and sharing of data in the rehabilitation industry should be explored as a means of promoting best practices.

Analysis of clinical negligence claims following tonsillectomy in England 1995 to 2010.

PubMed

Mathew, Rajeev; Asimacopoulos, Eleni; Walker, David; Gutierrez, Tatiana; Valentine, Peter; Pitkin, Lisa

2012-05-01

We determined the characteristics of medical negligence claims following tonsillectomy. Claims relating to tonsillectomy between 1995 and 2010 were obtained from the National Health Service Litigation Authority database. The number of open and closed claims was determined, and data were analyzed for primary injury claimed, outcome of claim, and associated costs. Over 15 years, there were 40 claims of clinical negligence related to tonsillectomy, representing 7.7% of all claims in otolaryngology. There were 34 closed claims, of which 32 (94%) resulted in payment of damages. Postoperative bleeding was the most common injury, with delayed recognition and treatment of bleeding alleged in most cases. Nasopharyngeal regurgitation as a result of soft palate fistulas or excessive tissue resection was the next-commonest cause of a claim. The other injuries claimed included dentoalveolar injury, bums, tonsillar remnants, and temporomandibular joint dysfunction. Inadequate informed consent was claimed in 5 cases. Clinical negligence claims following tonsillectomy have a high success rate. Although postoperative bleeding is the most common cause of negligence claims, a significant proportion of claims are due to rare complications of surgery. Informed consent should be tailored to the individual patient and should include a discussion of common and serious complications.

Occupational eye injury and risk reduction: Kentucky workers' compensation claim analysis 1994-2003.

PubMed

McCall, B P; Horwitz, I B; Taylor, O A

2009-06-01

Occupational eye injuries are a significant source of injury in the workplace. Little population-based research in the area has been conducted, and is necessary for developing and prioritizing effective interventions. Workers' compensation data from the state of Kentucky for the years 1994-2003 were analysed by demographics, injury nature and cause, cost, and occupational and industrial characteristics. The US Bureau of Labor Statistics' Current Population Survey was utilised to compute injury rates for demographic and occupational groups. There were 10,545 claims of ocular injury, representing 6.29 claims per 10,000 workers on average annually. A substantial drop in the claim rate was found after the state passed monetary penalties for injuries caused by employer negligence or OSHA violations. Claims by men were over three times more likely than those by women to have associated claim costs (OR 0.52; 95% CI 0.32 to 0.85; p = 0.009). The highest eye injury rates per 10,000 of 13.46 (95% CI 12.86 to 14.07) were found for the helpers/labourers occupation, and of 19.95 (95% CI 18.73 to 21.17) for the construction industry. The total cost of claim payments over the period was over $3,480,000, and average cost per claim approximated $331. Eye injuries remain a significant risk to worker health, especially among men in jobs requiring intensive manual labour. Evidence showed that increased legislative regulation led to a decline in eye injuries, which was consistent with other recent findings in the area. Additionally, targeting groups most at risk, increasing worker training, providing effective eye protection equipment, and developing workplace safety cultures may together reduce occupational eye injuries.

20 CFR 10.7 - What forms are needed to process claims under the FECA?

Code of Federal Regulations, 2011 CFR

2011-04-01

.... Form No. Title (1) CA-1 Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay... Traumatic Injury or Occupational Disease (8) CA-7a Time Analysis Form (9) CA-7b Leave Buy Back (LBB... claims under the FECA? (a) Notice of injury, claims and certain specified reports shall be made on forms...

20 CFR 10.7 - What forms are needed to process claims under the FECA?

Code of Federal Regulations, 2010 CFR

2010-04-01

.... Form No. Title (1) CA-1 Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay... Traumatic Injury or Occupational Disease (8) CA-7a Time Analysis Form (9) CA-7b Leave Buy Back (LBB... claims under the FECA? (a) Notice of injury, claims and certain specified reports shall be made on forms...

The incidence and impact of recurrent workplace injury and disease: a cohort study of WorkSafe Victoria, Australia compensation claims

PubMed Central

Ruseckaite, Rasa; Collie, Alex

2013-01-01

Objective To determine the incidence and impact of recurrent workplace injury and disease over the period 1995–2008. Design Population-based cohort study using data from the state workers’ compensation system database. Setting State of Victoria, Australia. Participants A total of 448 868 workers with an accepted workers’ compensation claim between 1 January 1995 and 31 December 2008 were included into this study. Of them, 135 349 had at least one subsequent claim accepted for a recurrent injury or disease during this period. Main outcome measures Incidence of initial and recurrent injury and disease claims and time lost from work for initial and recurrent injury and disease. Results Over the study period, 448 868 workers lodged 972 281 claims for discrete occurrences of work-related injury or disease. 53.4% of these claims were for recurrent injury or disease. On average, the rates of initial claims dropped by 5.6%, 95% CI (−5.8% to −5.7%) per annum, while the rates of recurrent injuries decreased by 4.1%, 95% CI (−4.2% to −0.4%). In total, workplace injury and disease resulted in 188 978 years of loss in full-time work, with 104 556 of them being for the recurrent injury. Conclusions Recurrent work-related injury and disease is associated with a substantial social and economic impact. There is an opportunity to reduce the social, health and economic burden of workplace injury by enacting secondary prevention programmes targeted at workers who have incurred an initial occupational injury or disease. PMID:23457329

46 CFR 310.9 - Medical attention and injury claims.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Medical attention and injury claims. 310.9 Section 310.9 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION TRAINING MERCHANT MARINE TRAINING... Medical attention and injury claims. (a) Medical attention and hospitalization. The school shall be...

Adolescent occupational injuries and workplace risks: an analysis of Oregon workers' compensation data 1990-1997.

PubMed

McCall, Brian P; Horwitz, Irwin B; Carr, Bethanie S

2007-09-01

Injuries to adolescents from occupational activities has been recognized as a significant public health concern. The objective of this study was to quantify adolescent injury rates, analyze risk factors, and measure the severity of injuries sustained using Oregon workers' compensation data. From 1990-1997, a total of 8060 workers' compensation claims, submitted by claimants 16-19 years old, were accepted by Oregon and used in these analyses. Data from the Bureau of Labor Statistics were used to derive injury rates. An overall estimated claim rate of 134.2 (95% confidence interval [CI] 124.9-143.6) per 10,000 adolescent workers was found, with males having over twice the rate of females. The total average annual claim cost was $3,168,457, representing $3145 per claim. The average total temporary disability period per claim was 22.3 days. Precision production workers had the highest claim rate of 296.2 (95% CI 178.9-413.4) and highest associated costs ($8266) for all occupations, whereas those in the farming/fishing/forestry occupation had the longest average periods of indemnification with 31.6 days. Day shift workers had the highest claim rates and most severe injuries relative to other shifts. The injury rates found among adolescent workers demonstrates that continued safety interventions and increased training are needed. Because of high claim rate and injury severity, particular attention should be focused on adolescents in food service, manufacturing, and agricultural occupations. Understanding the differences of adolescent circadian rhythm patterns in establishing work schedules and supervisory practices could also prove valuable for decreasing injury risk.

Risk Predictors for Postcontrast Acute Kidney Injury.

PubMed

Krause, Trudy Millard; Ukhanova, Maria; Lee Revere, Frances; Finkel, Kevin W

2018-05-22

To evaluate risk predictors of acute kidney injury (AKI) after contrast-media procedures in a broader cohort of patients than previously reported. Comprehensive medical and pharmacy commercial claims data from 2012 to 2014. Claims associated with contrast-media procedures for 2,737,020 persons between January 1, 2012 and November 30, 2014, were reviewed. The overall incidence of AKI after a contrast-media procedure was 0.85%. AKI occurred in 26% of cases that had two or more contrast procedures within 30 days, compared with 9% of non-AKI cases. Although the incidence of postcontrast AKI was low, 10% of patients who developed AKI had a recent previous episode of AKI. In cases when AKI had occurred within 180 days of contrast administration, the odds of subsequent kidney injury was 9.39. Overall, there is a low risk (0.85%) of developing an AKI after a procedure with contrast-media consistent with several recent studies. However, in adults with a recent history of AKI, physicians must consider this history as a risk factor for subsequent AKI. Copyright © 2018 American College of Radiology. Published by Elsevier Inc. All rights reserved.

Injuries to New Zealanders participating in adventure tourism and adventure sports: an analysis of Accident Compensation Corporation (ACC) claims.

PubMed

Bentley, Tim; Macky, Keith; Edwards, Jo

2006-12-15

The aim of this study was to examine the involvement of adventure tourism and adventure sports activity in injury claims made to the Accident Compensation Corporation (ACC). Epidemiological analysis of ACC claims for the period, July 2004 to June 2005, where adventure activities were involved in the injury. 18,697 adventure tourism and adventure sports injury claims were identified from the data, representing 28 activity sectors. Injuries were most common during the summer months, and were most frequently located in the major population centres. The majority of injuries were incurred by claimants in the 20-50 years age groups, although claimants over 50 years of age had highest claims costs. Males incurred 60% of all claims. Four activities (horse riding, mountain biking, tramping/hiking, and surfing) were responsible for approximately 60% of all adventure tourism and adventure sports-related injuries. Slips, trips, and falls were the most common injury initiating events, and injuries were most often to the back/spine, shoulder, and knee. These findings suggest the need to investigate whether regulatory intervention in the form of codes of practice for high injury count activities such as horse riding and mountain biking may be necessary. Health promotion messages and education programs should focus on these and other high-injury risk areas. Improved risk management practices are required for commercial adventure tourism and adventure sports operators in New Zealand if safety is to be improved across this sector.

Empowerment of personal injury victims through the internet: design of a randomized controlled trial

PubMed Central

2011-01-01

Background Research has shown that current claims settlement process can have a negative impact on psychological and physical recovery of personal injury (PI) victims. One of the explanations for the negative impact on health is that the claims settlement process is a stressful experience and victims suffer from renewed victimization caused by the claims settlement process. PI victims can experience a lack of information, lack of involvement, lack of 'voice', and poor communication. We present the first study that aims to empower PI victims with respect to the negative impact of the claims settlement process by means of an internet intervention. Methods/design The study is a two armed, randomized controlled trial (RCT), in which 170 PI victims are randomized to either the intervention or control group. The intervention group will get access to a website providing 1) an information module, so participants learn what is happening and what to expect during the claims settlement process, and 2) an e-coach module, so participants learn to cope with problems they experience during the claims settlement process. The control group will get access to a website with hyperlinks to commonly available information only. Participants will be recruited via a PI claims settlement office. Participants are included if they have been involved in a traffic accident which happened less than two years ago, and are at least 18 years old. The main study parameter is the increase of empowerment within the intervention group compared to the control group. Empowerment will be measured by the mastery scale and a self-efficacy scale. The secondary outcomes are perceived justice, burden, well being, work ability, knowledge, amount of damages, and lawyer-client communication. Data are collected at baseline (T0 measurement before randomization), at three months, six months, and twelve months after baseline. Analyses will be conducted according to the intention-to-treat principle. Discussion This study evaluates the effectiveness of an internet intervention aimed at empowerment of PI victims. The results will give more insight into the impact of compensation proceedings on health over time, and they can have important consequences for legal claims settlement. Strengths and limitations of this study are discussed. Trial registration Netherlands Trial Register NTR2360 PMID:21288346

Efficacy of a proactive health and safety risk management system in the fire service.

PubMed

Poplin, Gerald S; Griffin, Stephanie; Pollack Porter, Keshia; Mallett, Joshua; Hu, Chengcheng; Day-Nash, Virginia; Burgess, Jefferey L

2018-04-16

This study evaluated the efficacy of a fire department proactive risk management program aimed at reducing firefighter injuries and their associated costs. Injury data were collected for the intervention fire department and a contemporary control department. Workers' compensation claim frequency and costs were analyzed for the intervention fire department only. Total, exercise, patient transport, and fireground operations injury rates were calculated for both fire departments. There was a post-intervention average annual reduction in injuries (13%), workers' compensation injury claims (30%) and claims costs (21%). Median monthly injury rates comparing the post-intervention to the pre-intervention period did not show statistically significant changes in either the intervention or control fire department. Reduced workers' compensation claims and costs were observed following the risk management intervention, but changes in injury rates were not statistically significant.

14 CFR 1261.304 - Place of filing claim.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Place of filing claim. 1261.304 Section... Injury or Death-Accruing On or After January 18, 1967 § 1261.304 Place of filing claim. A claim arising... activities are believed to have given rise to the claimed injury, loss, or death. If the identity of such...

Crime on Campus: Analyzing and Managing the Increasing Risk of Institutional Liability. The Publication Series.

ERIC Educational Resources Information Center

Burling, Philip

This monograph reviews a college or university's responsibility for incidents of crime occurring on its campus or in the course of its programs. Part 1 reviews the legal analyses which courts undertake in responding to claims that, under common tort law or contract theories, liability for the injuries suffered by a person ought to be shifted from…

Are the predictors of work absence following a work-related injury similar for musculoskeletal and mental health claims?

PubMed

Smith, Peter M; Black, Oliver; Keegel, Tessa; Collie, Alex

2014-03-01

To examine if the factors associated with days of absence following a work-related injury are similar for mental health versus musculoskeletal (MSK) conditions. A secondary analysis of wage replacement workers' compensation claims in the state of Victoria, Australia. We examined the relationship between individual, injury, occupational and workplace variables with days of wage replacement over the 2-year period following first day of absence from work separately for mental health claims and MSK claims using negative binomial regression models. Mental health conditions were associated with a greater number of days of absence over the 2 years following first incapacity compared to MSK conditions. Differences were observed in employment, injury and industry variables on absence from work for mental claims compared to MSK claims. Working in the agriculture, forestry, fishing and mining industries and employment with a small organisation were more strongly associated with the number of days of wage-replacement among MSK compared to mental health claims, and working in the public administration and safety, or education and training industries or being employed in a position with high time pressure were associated with greater days of wage-replacement among mental health compared to MSK claims. Predictors of days away from work in the 2 years following an injury differ for mental health versus MSK claims. Given the increasing number of mental health claims in Australia more research is required to understand differences in return-to-work for this group of claimants compared to those with physical injuries.

Risk of Injury Associated With Attention-Deficit/Hyperactivity Disorder in Adults Enrolled in Employer-Sponsored Health Plans: A Retrospective Analysis

PubMed Central

Montejano, Leslie; Sasané, Rahul; Huse, Dan

2011-01-01

Objective: Attention-deficit/hyperactivity disorder (ADHD) is linked to an increased risk of injury in children. This retrospective analysis evaluated the risk and type of injury associated with ADHD in adults. Method: Data were taken from the MarketScan databases, which provide details of health care claims and productivity data for individuals and their dependents with access to employer-sponsored health plans. Adults (aged 18–64 years) with ≥ 2 ADHD-related diagnostic claims (using ICD-9-CM codes) between 2002 and 2007 and evidence of ADHD treatment in 2006 (n = 31,752) were matched to controls without ADHD (1:3; n = 95,256) or individuals with a depression diagnosis (using ICD-9-CM codes; 1:1; n = 29,965). Injury claims were compared between cohorts, and multivariate analyses controlled for differences that remained after matching. Results: Injury claims were more common in individuals with ADHD than in non-ADHD controls (21.5% vs 15.7%; P < .0001) or individuals with depression (21.4% vs 20.5%; P = .008). Multivariate analyses indicated that the relative risk of injury claims was higher in individuals with ADHD than in the non-ADHD control (odds ratio [OR] = 1.32; 95% CI, 1.27–1.37; P < .01) and depression (OR = 1.13; 95% CI, 1.07–1.18; P < .01) groups. Injury claims increased total direct health care expenditure; total expenditures for ADHD patients with injuries were $6,482 compared with $3,722 for ADHD patients without injuries (P < .0001). Comparison of injury-related costs were similar between ADHD patients and non-ADHD controls ($1,109 vs $1,041, respectively), but higher for depression patients than for ADHD patients ($1,792 vs $1,084; P < .01). Injury claim was also associated with increased short-term disability expenditures, as ADHD patients with injury incurred higher mean cost than those without injury ($1,303 vs $620; P = .0001), but lower than those with injury in the depression cohort (vs $2,152; P = .0099) Conclusions: Adults with ADHD were more likely to incur injury claims than non-ADHD controls or adults with depression in this sample selected on the basis of claims data rather than clinical referrals. Most injuries were relatively minor; however, individuals with injuries incurred higher total direct health care costs than those without injuries. Furthermore, the ratio of indirect costs due to workplace absence to direct health care costs was higher for adults with ADHD than for adults with depression, demonstrating not only the impact of ADHD in the workplace, but also the importance of accounting for productivity data in calculating the true economic burden of ADHD in adults. PMID:21977357

Age-related patterns in work-related injury claims from older New Zealanders, 2009-2013: Implications of injury for an aging workforce.

PubMed

Lilley, Rebbecca; Jaye, Chrystal; Davie, Gabrielle; Keeling, Sally; Waters, Debra; Egan, Richard

2018-01-01

This study describes the incidence, nature and cause of work-related injuries in older New Zealand workers to understand the risks of work-related injury in this rapidly aging population. Data for the period 2009-2013 from 25,455 injured workers aged 55-79 years, extracted from national work-related injury entitlement claims, were stratified by age group and analysed by sex, industry, injury type and cause. Age-specific claims rates were calculated by year, sex and ethnicity. Patterns of injury differed by age: 70-79 year olds had the highest injury rates and proportion of claims due to falls (45%), for the self-employed (32%), for the agriculture sector (24%), and for fatal injuries (5%). The burden of work-related injuries in older workers, particularly in those aged over 70, will increase with their increasing participation in work. Workplace injury prevention strategies and interventions need to consider the specific characteristics and vulnerabilities of older workers. Copyright © 2017 Elsevier Ltd. All rights reserved.

20 CFR 10.105 - How and when is a notice of death and claim for benefits filed?

Code of Federal Regulations, 2014 CFR

2014-04-01

... benefits filed? (a) If an employee dies from a work-related traumatic injury or an occupational disease...' COMPENSATION ACT, AS AMENDED Filing Notices and Claims; Submitting Evidence Notices and Claims for Injury.... 8122(b)). (d) The filing of a notice of injury or occupational disease will satisfy the time...

20 CFR 10.105 - How and when is a notice of death and claim for benefits filed?

Code of Federal Regulations, 2011 CFR

2011-04-01

... benefits filed? (a) If an employee dies from a work-related traumatic injury or an occupational disease...' COMPENSATION ACT, AS AMENDED Filing Notices and Claims; Submitting Evidence Notices and Claims for Injury.... 8122(b)). (d) The filing of a notice of injury or occupational disease will satisfy the time...

20 CFR 10.105 - How and when is a notice of death and claim for benefits filed?

Code of Federal Regulations, 2010 CFR

2010-04-01

... benefits filed? (a) If an employee dies from a work-related traumatic injury or an occupational disease...' COMPENSATION ACT, AS AMENDED Filing Notices and Claims; Submitting Evidence Notices and Claims for Injury.... 8122(b)). (d) The filing of a notice of injury or occupational disease will satisfy the time...

20 CFR 10.105 - How and when is a notice of death and claim for benefits filed?

Code of Federal Regulations, 2013 CFR

2013-04-01

... benefits filed? (a) If an employee dies from a work-related traumatic injury or an occupational disease...' COMPENSATION ACT, AS AMENDED Filing Notices and Claims; Submitting Evidence Notices and Claims for Injury.... 8122(b)). (d) The filing of a notice of injury or occupational disease will satisfy the time...

20 CFR 10.105 - How and when is a notice of death and claim for benefits filed?

Code of Federal Regulations, 2012 CFR

2012-04-01

... benefits filed? (a) If an employee dies from a work-related traumatic injury or an occupational disease...' COMPENSATION ACT, AS AMENDED Filing Notices and Claims; Submitting Evidence Notices and Claims for Injury.... 8122(b)). (d) The filing of a notice of injury or occupational disease will satisfy the time...

Analysis of workers' compensation claims data for machine-related injuries in metal fabrication businesses.

PubMed

Yamin, Samuel C; Bejan, Anca; Parker, David L; Xi, Min; Brosseau, Lisa M

2016-08-01

Metal fabrication workers are at high risk for machine-related injury. Apart from amputations, data on factors contributing to this problem are generally absent. Narrative text analysis was performed on workers' compensation claims in order to identify machine-related injuries and determine work tasks involved. Data were further evaluated on the basis of cost per claim, nature of injury, and part of body. From an initial set of 4,268 claims, 1,053 were classified as machine-related. Frequently identified tasks included machine operation (31%), workpiece handling (20%), setup/adjustment (15%), and removing chips (12%). Lacerations to finger(s), hand, or thumb comprised 38% of machine-related injuries; foreign body in the eye accounted for 20%. Amputations were relatively rare but had highest costs per claim (mean $21,059; median $11,998). Despite limitations, workers' compensation data were useful in characterizing machine-related injuries. Improving the quality of data collected by insurers would enhance occupational injury surveillance and prevention efforts. Am. J. Ind. Med. 59:656-664, 2016. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

Effects of premium discount on workers' compensation claims in agriculture in Finland.

PubMed

Rautiainen, Risto H; Ledolter, Johannes; Sprince, Nancy L; Donham, Kelley J; Burmeister, Leon F; Ohsfeldt, Robert; Reynolds, Stephen J; Phillips, Kirk; Zwerling, Craig

2005-08-01

The objective of this study was to measure changes in injury claim rates after a premium discount program was implemented in the Finnish farmers' workers' compensation insurance. We focused on measures that could indicate whether the changes occurred in the true underlying injury rate, or only in claims reporting. Monthly injury claim rates were constructed at seven disability duration levels from January 1990 to December 2003. We conducted interrupted time series analyses to measure changes in the injury claim rates after the premium discount was implemented on July 1, 1997. Three additional policy change indicators were included in the analyses. The overall injury claim rate decreased 10.2%. Decreases occurred at four severity levels (measured by compensated disability days): 0 days (16.3%), 1-6 days (14.1%), 7-13 days (19.5%), and 14-29 days (8.4%). No changes were observed at higher severity levels. Minor injuries had a seasonal pattern with higher rates in summer months while severe injuries did not have a seasonal pattern. The premium discount decreased the overall claim rate. Decreases were observed in all categories up to 29 disability days. This pattern suggests that under-reporting contributes to the decrease but may not be the only factor. The value of the premium discount is lower than the value of a lost-time claim, so there was no financial reason to under-report lost-time injuries. Under-reporting would be expected to be greatest in the 0 day category, but that was not the case. These observations suggest that in addition to under-reporting, the premium discount may also have some preventive effect. Copyright (c) 2005 Wiley-Liss, Inc.

Claims, errors, and compensation payments in medical malpractice litigation.

PubMed

Studdert, David M; Mello, Michelle M; Gawande, Atul A; Gandhi, Tejal K; Kachalia, Allen; Yoon, Catherine; Puopolo, Ann Louise; Brennan, Troyen A

2006-05-11

In the current debate over tort reform, critics of the medical malpractice system charge that frivolous litigation--claims that lack evidence of injury, substandard care, or both--is common and costly. Trained physicians reviewed a random sample of 1452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error. We analyzed the prevalence, characteristics, litigation outcomes, and costs of claims that lacked evidence of error. For 3 percent of the claims, there were no verifiable medical injuries, and 37 percent did not involve errors. Most of the claims that were not associated with errors (370 of 515 [72 percent]) or injuries (31 of 37 [84 percent]) did not result in compensation; most that involved injuries due to error did (653 of 889 [73 percent]). Payment of claims not involving errors occurred less frequently than did the converse form of inaccuracy--nonpayment of claims associated with errors. When claims not involving errors were compensated, payments were significantly lower on average than were payments for claims involving errors (313,205 dollars vs. 521,560 dollars, P=0.004). Overall, claims not involving errors accounted for 13 to 16 percent of the system's total monetary costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs. Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant. Copyright 2006 Massachusetts Medical Society.

Claims for compensation after injuries related to airway management: a nationwide study covering 15 years.

PubMed

Fornebo, I; Simonsen, K A; Bukholm, I R K; Kongsgaard, U E

2017-08-01

Securing the airway is one of the most important responsibilities in anaesthesia. Injuries related to airway management can occur. Analysis from closed claims can help to identify patterns of injury, risk factors and areas for improvement. All claims to The Norwegian System of Compensation to Patients from 1 January 2001 to 31 December 2015 within the medical specialty of anaesthesiology were studied. Data were extracted from this database for patients and coded by airway management procedures. Of 400 claims for injuries related to airway management, 359 were classified as 'non-severe' and 41 as 'severe'. Of the severe cases, 37% of injuries occurred during emergency procedures. Eighty-one claims resulted in compensation, and 319 were rejected. A total of €1,505,344 was paid to the claimants during the period. Claims of dental damage contributed to a numerically important, but financially modest, proportion of claims. More than half of the severe cases were caused by failed intubation or a misplaced endotracheal tube. Anaesthesia procedures are not without risk, and injuries can occur when securing the airway. The most common injury was dental trauma. Clear patterns of airway management that resulted in injuries are not apparent from our data, but 37% of severe cases were related to emergency procedures which suggest the need for additional vigilance. Guidelines for difficult intubation situations are well established, but adherence to such guidelines varies. Good planning of every general anaesthesia should involve consideration of possible airway problems and assessment of pre-existing poor dentition. © 2017 The Acta Anaesthesiologica Scandinavica Foundation. Published by John Wiley & Sons Ltd.

Comparing the risk factors associated with serious versus and less serious work-related injuries in Ontario between 1991 and 2006.

PubMed

Smith, Peter; Hogg-Johnson, Sheilah; Mustard, Cameron; Chen, Cynthia; Tompa, Emile

2012-01-01

The objective of this study was to examine and compare the demographic and labor market risks for more serious and less serious work-related injuries and illnesses. Secondary analysis of accepted workers' compensation claims in Ontario, combined with labor force estimates for the period 1991 to 2006. Serious injuries and illnesses were claims resulting in wage replacement. Less serious injuries and illnesses were claims only requiring health care. Regression models examined the relationship between demographic and labor market characteristics (age, gender, industry, job tenure, and unemployment) and claim type. Relative risk estimates for serious and less serious claims were not concordant across age, gender and industry employment groups. For example, while the mining and utilities and the construction industry had an increased probability of reporting NLTCs, they had a decreased probability of reporting LTCs. The risk for serious and less serious work-related injury and illness claims differ by demographic and labor market groups. The use of composite measures that combine wage-replacement and health care only claims should be considered when using compensation data for surveillance and primary prevention targeting strategies. Copyright © 2011 Wiley Periodicals, Inc.

Do Zero-Cost Workers’ Compensation Medical Claims Really Have Zero Costs?

PubMed Central

Asfaw, Abay; Rosa, Roger; Mao, Rebecca

2015-01-01

Objective Previous research suggests that non–workers’ compensation (WC) insurance systems, such as group health insurance (GHI), Medicare, or Medicaid, at least partially cover work-related injury and illness costs. This study further examined GHI utilization and costs. Methods Using two-part model, we compared those outcomes immediately after injuries for which accepted WC medical claims made zero or positive medical payments. Results Controlling for pre-injury GHI utilization and costs and other covariates, our results indicated that post-injury GHI utilization and costs increased regardless of whether a WC medical claim was zero or positive. The increases were highest for zero-cost WC medical claims. Conclusion Our national estimates showed that zero-cost WC medical claims alone could cost the GHI $212 million per year. PMID:24316724

MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

PubMed

Staudenmayer, Herman; Phillips, Scott

2007-01-01

Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

No-fault compensation for treatment injuries in Danish public hospitals 2006-12.

PubMed

Tilma, Jens; Nørgaard, Mette; Mikkelsen, Kim Lyngby; Johnsen, Søren Paaske

2016-02-01

We aimed to determine the incidence rate and time trend of approved treatment injuries in Danish public hospitals from 2006 to 2012 and also to identify independent predictors of severe treatment injuries among patient and system factors and characterize the injuries. We performed a nationwide, historical observational study on data from the Danish Patient Compensation Association, which receives all compensation claims from Danish health care. All approved closed claims of treatment injuries occurring in public hospitals 2006-12 were included. Health care activity information was obtained through Statistics Denmark. Incidence rates were determined as treatment injuries per year by population and by public hospital contacts. By using a multivariable logistic regression model, we calculated mutually adjusted odds ratios to assess the association between potential predictors and severe injuries among approved claims. We identified 10,959 approved treatment injury claims in 2006-12. The total payout was USD 339 million. The mean incidence rate medians were 27.9 injuries/100,000 inhabitants/year and 0.21 injuries/1000 public hospital contacts/year. These did not increase overtime. Severe injuries and preventable cases comprised 11.0 and 41.0%, respectively. Predictors of severe injury included age 0 and above 40 years, male gender and higher level of comorbidity. The incidence rate of approved closed claims at Danish public hospitals appears stable. A high proportion of injuries are preventable and both patient- and system-related factors may predict severe injuries. © The Author 2015. Published by Oxford University Press in association with the International Society for Quality in Health Care; all rights reserved.

20 CFR 10.710 - Under what circumstances must a recovery of money or other property in connection with an injury...

Code of Federal Regulations, 2010 CFR

2010-04-01

... FECA be reported to OWCP or SOL? 10.710 Section 10.710 Employees' Benefits OFFICE OF WORKERS... death for which benefits are payable under the FECA be reported to OWCP or SOL? Any person who has filed... received FECA benefits in connection with a claim filed by another, is required to notify OWCP or SOL of...

Dental treatment injuries in the Finnish Patient Insurance Centre in 2000-2011.

PubMed

Karhunen, Sini; Virtanen, Jorma I

2016-01-01

Objective The Patient Insurance Centre in Finland reimburses patients who sustained injuries associated with medical and dental care without having to demonstrate malpractice. The aim was to analyse all dental injuries claimed through the Patient Insurance Centre over a 12-year period in order to identify factors affecting reimbursement of claims. Methods This study investigated all dental patient insurance claims in Finland during 2000-2011. The injury cases were grouped as (K00-K08) according to the International Classification of Diseases (ICD-10). Calendar year, claimant's age and gender, dental disease group and health service sector were the explanatory factors and the outcome was the decision of a claim. Multiple logistic regression modelling was used in the statistical analyses. Results The total number of decisions related to dental claims at the PIC in 2000-2011 was 7662, of which women claimed a clear majority (72%). Diseases of the pulp and periapical tissues (K04) and dental caries (K02) were the major disease groups (both 29%). Of the claims 40% were eligible for reimbursement, 27% were classified as insignificant or unavoidable injuries and 32% were rejected for other reasons. The proportion of reimbursed claims declined during the period. Patients from the private sector were more likely to be eligible for compensation than were those from the public sector (OR = 1.89, 95% CI = 1.71-2.10). Conclusions The number of dental patient insurance claims in Finland clearly rose, while the proportion of reimbursed claims declined. More claims received compensation in the private sector than in the public sector.

Employer reasons for failing to report eligible workers’ compensation claims in the BLS survey of occupational injuries and illnesses

PubMed Central

Wuellner, Sara E.; Bonauto, David K.

2016-01-01

Background Little research has been done to identify reasons employers fail to report some injuries and illnesses in the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII). Methods We interviewed the 2012 Washington SOII respondents from establishments that had failed to report one or more eligible workers’ compensation claims in the SOII about their reasons for not reporting specific claims. Qualitative content analysis methods were used to identify themes and patterns in the responses. Results Non‐compliance with OSHA recordkeeping or SOII reporting instructions and data entry errors led to unreported claims. Some employers refused to include claims because they did not consider the injury to be work‐related, despite workers’ compensation eligibility. Participant responses brought the SOII eligibility of some claims into question. Conclusion Systematic and non‐systematic errors lead to SOII underreporting. Insufficient recordkeeping systems and limited knowledge of reporting requirements are barriers to accurate workplace injury records. Am. J. Ind. Med. 59:343–356, 2016. © 2016 The Authors. American Journal of Industrial Medicine Published by Wiley Periodicals, Inc. PMID:26970051

The association between seeking financial compensation and injury recovery following motor vehicle related orthopaedic trauma.

PubMed

Murgatroyd, Darnel F; Harris, Ian A; Tran, Yvonne; Cameron, Ian D

2016-07-13

Motor vehicle related moderate-severe orthopaedic trauma has a major impact on the burden of injury. In Australia, all states and territories provide access to financial compensation following injury in a motor vehicle crash. The aim of this study was to investigate the influence of seeking financial compensation (i.e., making a claim) on injury recovery following motor vehicle related moderate-severe orthopaedic trauma. Patients admitted with upper/lower extremity fractures after a motor vehicle crash were recruited from two trauma hospitals. Baseline data were collected in person by written questionnaire within two weeks of injury. Follow up data were collected by a mailed written questionnaire at six, 12 and 24 months. Additional (demographic/injury-related) information was collected from hospital databases, all other measures were self-reported. Outcomes were: Short Form-36 Version 2.0 (SF36v2), Physical/Mental Component Scores (PCS/MCS); Post Traumatic Stress Disorder (PTSD) Checklist Civilian Version (PCL-C); and Global Rating of Change (GRC) scale. Analysis involved descriptive statistics and linear mixed models to examine the effect of compensation status on injury recovery over time. There were 452 study participants. Baseline characteristics showed: mean age 40 years (17.1 Standard Deviation [SD]); 75 % male; 74 % worked pre-injury; 67 % in excellent-very good pre-injury health; 56 % sustained serious injuries, Injury Severity Score (ISS) 9-15; 61 % had a low-middle range household income. Overall, after controlling for possible confounders, the compensable group had poorer recovery compared to the non-compensable group for PCS (-2.97 Mean Difference (MD), 95 % CI -4.73, -1.22); MCS (-3.44 MD, 95 % CI -5.62, -1.26); PCL-C (3.42MD, 95 % CI 0.87, 5.99); and GRC (-0.66MD, 95 % CI -1.15, -0.17). Injury recovery over time for all participants showed: PCS improved from 6-12 and 12-24 months; MCS and GRC improved from 6-12 months; and PCL-C did not significantly improve from 6-12 and 12-24 months. Injury recovery over time continued for compensable and non-compensable groups but compensable participants had poorer scores at each time period, especially MCS and PCL-C. Making a claim was associated with poor injury recovery following motor vehicle related orthopaedic trauma, mainly for mental health. Irrespective of claim status, the majority had poor injury recovery, especially for mental health.

Injuries among solid waste collectors in the private versus public sectors.

PubMed

Bunn, Terry L; Slavova, Svetla; Tang, Minao

2011-10-01

Solid waste collection is among the occupations with the highest risk for injuries and illnesses. Solid waste collector injuries were characterized in terms of injury risk and employment industry sector (public versus private) using Kentucky workers' compensation first reports of injury and claims data. When compared to 35-44-year-old workers, solid waste collectors who were under 35 years of age were less likely to have a workers' compensation first report of injury or claim that resulted in awarded benefits. The probability that a workers' compensation first report of injury or claim would result in an awarded benefit was higher if the worker was employed as a solid waste collector in the private sector compared to the public sector, or was injured due to a motor vehicle-related injury or a push-or-pull type of injury. A better understanding of the differences in the contributing factors for an injury that results in a first report of injury or claim with awarded benefits (e.g., job activities, new and refresher worker safety training, type of equipment used, differences in collection vehicle automation, and differential reporting of injuries on the job) between the public and private sectors is necessary to target injury prevention strategies in this high-risk occupation.

Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011.

PubMed

Li, Heng; Wu, Xiangcheng; Sun, Tao; Li, Li; Zhao, Xiaowen; Liu, Xinyan; Gao, Lei; Sun, Quansheng; Zhang, Zhong; Fan, Lihua

2014-09-13

Although China experienced great improvement in their health system, disputes between patients and doctors have increasingly intensified, reaching an unprecedented level. Retrospective analysis of medical malpractice litigation can discover the characteristics and fundamental cause of these disagreements. We analyzed medical malpractice litigation data from 1998 to 2011 for characteristics of claims via a litigation database within a nationwide database of cases (1086 cases) in China, including claims, liabilities, injures, and compensation payments. Among the cases analyzed, 76 percent of claims received compensation in civil judgment (640 out of 841), while 93 percent were fault liability in paid judgment (597 out of 640). The average time span between the occurrence of the injury dispute and closure of claims was 3 years. Twenty-two percent of claims (183 of 841) were caused by injury, poisoning, and other external causes. Seventy-nine percent of claims (472 of 597) were contributed to by errors in medical technology. The median damage compensation payment for death was significantly lower than for serious injuries (P < 0.001; death, $13270 [IQR, $7617-$23181]; serious injury, $23721 [IQR, $10367-$57058]). Finally, there was no statistically significant difference in the median mental compensation between minor injury, serious injury, and death (P = 0.836). The social reasons for the conflict and high payment were catastrophic out-of-pocket health-care expense in addition to the high expectations for treatment in China. There were no distinguishing features between China and other countries with respect to time of suits, facilities, and specialties in these claims. The compensation for damages in different medical injuries was unfair in China.

Analysis of the Uniform Accident And Sickness Policy Provision Law: lessons for social work practice, policy, and research.

PubMed

Cochran, Gerald

2010-01-01

The Uniform Accident and Sickness Policy Provision Law (UPPL) is a state statute that allows insurance companies in 26 states to deny claims for accidents and injuries incurred by persons under the influence of drugs or alcohol. Serious repercussions can result for patients and health care professionals as states enforce this law. To examine differences within the laws that might facilitate amendments or reduce insurance companies' ability to deny claims, a content analysis was carried out of each state's UPPL law. Results showed no meaningful differences between each state's laws. These results indicate patients and health professionals share similar risk related to the UPPL regardless of state.

Reduction of police vehicle accidents through mechaniically aided supervision

PubMed Central

Larson, Lynn D.; Schnelle, John F.; Kirchner, Robert; Carr, Adam F.; Domash, Michele; Risley, Todd R.

1980-01-01

Tachograph recorders were installed in 224 vehicles of a metropolitan police department to monitor vehicle operation in an attempt to reduce the rate of accidents. Police sergeants reviewed each tachograph chart and provided feedback to officers regarding their driving performance. Reliability checks and additional feedback procedures were implemented so that upper level supervisors monitored and controlled the performance of field sergeants. The tachograph intervention and components of the feedback system nearly eliminated personal injury accidents and sharply reduced accidents caused by officer negligence. A cost-benefit analysis revealed that the savings in vehicle repair and injury claims outweighed the equipment and operating costs. PMID:16795634

Occupational injuries to Oregon workers 24 years and younger: An analysis of workers' compensation claims, 2000-2007.

PubMed

Walters, Jaime K; Christensen, Kari A; Green, Mandy K; Karam, Lauren E; Kincl, Laurel D

2010-10-01

Occupational injuries to adolescents and young adults are a known public health problem. We sought to describe and estimate rates of occupational injuries to workers younger than 25 years of age in Oregon during an 8-year period. Oregon workers' compensation disabling claims data (n = 23,325) and one commercial insurance carrier's non-disabling claims data (n = 16,153) were analyzed. Total employment from the Local Employment Dynamics of the U.S. Census Bureau and the Oregon Labor Market Information System was used as a denominator for rates. Injuries were more frequent among 22-24 year olds and among males, though females accounted for a higher proportion of claims in the youngest age group. The most common injury type was a sprain or strain, but lacerations and burns were more frequently reported in the 14-18 year olds. When non-disabling claims were included, the rate of injury for 14-18 year olds doubled. The overall rate of injury was 122.7/10,000 workers, but was higher in the construction, manufacturing, and transportation sectors, and in the agriculture, forestry, fishing, and hunting sector for older teens and young adults. Young workers continue to be at risk for occupational injuries. Our results show that specific interventions may be needed for older teen and young adult workers to reduce their rate of injury. © 2010 Wiley-Liss, Inc.

Identification of Hospitalizations for Intentional Self-Harm when E-Codes are Incompletely Recorded

PubMed Central

Patrick, Amanda R.; Miller, Matthew; Barber, Catherine W.; Wang, Philip S.; Canning, Claire F.; Schneeweiss, Sebastian

2010-01-01

Context Suicidal behavior has gained attention as an adverse outcome of prescription drug use. Hospitalizations for intentional self-harm, including suicide, can be identified in administrative claims databases using external cause of injury codes (E-codes). However, rates of E-code completeness in US government and commercial claims databases are low due to issues with hospital billing software. Objective To develop an algorithm to identify intentional self-harm hospitalizations using recorded injury and psychiatric diagnosis codes in the absence of E-code reporting. Methods We sampled hospitalizations with an injury diagnosis (ICD-9 800–995) from 2 databases with high rates of E-coding completeness: 1999–2001 British Columbia, Canada data and the 2004 U.S. Nationwide Inpatient Sample. Our gold standard for intentional self-harm was a diagnosis of E950-E958. We constructed algorithms to identify these hospitalizations using information on type of injury and presence of specific psychiatric diagnoses. Results The algorithm that identified intentional self-harm hospitalizations with high sensitivity and specificity was a diagnosis of poisoning; toxic effects; open wound to elbow, wrist, or forearm; or asphyxiation; plus a diagnosis of depression, mania, personality disorder, psychotic disorder, or adjustment reaction. This had a sensitivity of 63%, specificity of 99% and positive predictive value (PPV) of 86% in the Canadian database. Values in the US data were 74%, 98%, and 73%. PPV was highest (80%) in patients under 25 and lowest those over 65 (44%). Conclusions The proposed algorithm may be useful for researchers attempting to study intentional self-harm in claims databases with incomplete E-code reporting, especially among younger populations. PMID:20922709

Unreported workers' compensation claims to the BLS Survey of Occupational Injuries and Illnesses: Establishment factors.

PubMed

Wuellner, Sara E; Adams, Darrin A; Bonauto, David K

2016-04-01

Studies suggest employers underreport injuries to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII); less is known about reporting differences by establishment characteristics. We linked SOII data to Washington State workers' compensation claims data, using unemployment insurance data to improve linking accuracy. We used multivariable regression models to estimate incidence ratios (IR) of unreported workers' compensation claims for establishment characteristics. An estimated 70% of workers' compensation claims were reported in SOII. Claims among state and local government establishments were most likely to be reported. Compared to large manufacturing establishments, unreported claims were most common among small educational services establishments (IR = 2.47, 95%CI: 1.52-4.01) and large construction establishments (IR = 2.05, 95%CI: 1.77-2.37). Underreporting of workers' compensation claims to SOII varies by establishment characteristics, obscuring true differences in work injury incidence. Findings may differ from previous research due to differences in study methods. © 2016 The Authors. American Journal of Industrial Medicine Published by Wiley Periodicals, Inc.

A Contemporary Analysis of Medicolegal Issues in Obstetric Anesthesia Between 2005 and 2015.

PubMed

Kovacheva, Vesela P; Brovman, Ethan Y; Greenberg, Penny; Song, Ellen; Palanisamy, Arvind; Urman, Richard D

2018-05-10

Detailed reviews of closed malpractice claims have provided insights into the most common events resulting in litigation and helped improve anesthesia care. In the past 10 years, there have been multiple safety advancements in the practice of obstetric anesthesia. We investigated the relationship among contributing factors, patient injuries, and legal outcome by analyzing a contemporary cohort of closed malpractice claims where obstetric anesthesiology was the principal defendant. The Controlled Risk Insurance Company (CRICO) is the captive medical liability insurer of the Harvard Medical Institutions that, in collaboration with other insurance companies and health care entities, contributes to the Comparative Benchmark System database for research purposes. We reviewed all (N = 106) closed malpractice cases related to obstetric anesthesia between 2005 and 2015 and compared the following classes of injury: maternal death and brain injury, neonatal death and brain injury, maternal nerve injury, and maternal major and minor injury. In addition, settled claims were compared to the cases that did not receive payment. χ, analysis of variance, Student t test, and Kruskal-Wallis tests were used for comparison between the different classes of injury. The largest number of claims, 54.7%, involved maternal nerve injury; 77.6% of these claims did not receive any indemnity payment. Cases involving maternal death or brain injury comprised 15.1% of all cases and were more likely to receive payment, especially in the high range (P = .02). The most common causes of maternal death or brain injury were high neuraxial blocks, embolic events, and failed intubation. Claims for maternal major and minor injury were least likely to receive payment (P = .02) and were most commonly (34.8%) associated with only emotional injury. Compared to the dropped/denied/dismissed claims, settled claims more frequently involved general anesthesia (P = .03), were associated with delays in care (P = .005), and took longer to resolve (3.2 vs 1.3 years; P < .0001). Obstetric anesthesia remains an area of significant malpractice liability. Opportunities for practice improvement in the area of severe maternal injury include timely recognition of high neuraxial block, availability of adequate resuscitative resources, and the use of advanced airway management techniques. Anesthesiologists should avoid delays in maternal care, establish clear communication, and follow their institutional policy regarding neonatal resuscitation. Prevention of maternal neurological injury should be directed toward performing neuraxial techniques at the lowest lumbar spine level possible and prevention/recognition of retained neuraxial devices.

Ophthalmic Malpractice and Physician Gender: A Claims Data Analysis (An American Ophthalmological Society Thesis)

PubMed Central

Fountain, Tamara R.

2014-01-01

Purpose: To analyze and compare malpractice claims rates between male and female ophthalmologists and test the hypothesis that claims rates are equal between the two sexes. Methods: A retrospective, cohort study review was made of all claims reported to the Ophthalmic Mutual Insurance Company from January 1990 through December 2008 in which an expense (including indemnity and/or legal defense costs) was paid or reserved. A total of 2,251 claims were examined. Frequency (claims per physician) and severity (indemnity payment, associated expenses and reserves per claim) were analyzed for both male and female ophthalmologists. Frequency and severity data were further stratified by allegation, type of treatment, and injury severity category. Results: Men were sued 54% more often than females over the period studied (P<.001). Women had lower claims frequencies across all allegations and within the treatment areas of cataract, cornea, and retinal procedures (P<.7). Men had more claims associated with severe injury, including permanent major injury and death (P<.001). The average amount paid in indemnity and expenses was 7% higher for claims against women ($115,303 compared to $107,354 against men). Conclusions: Nearly 20 years of closed claim data reveal male ophthalmologists are significantly more likely than women to have reported malpractice activity. Claims against men were associated with more severe injury to the patient but were slightly less costly overall compared to claims against women. Further study is necessary to understand the reasons underlying gender disparities in malpractice claims rates and whether the observed past differences are predictive of future results. PMID:25411514

What Adverse Events and Injuries Are Cited in Anesthesia Malpractice Claims for Nonspine Orthopaedic Surgery?

PubMed

Kent, Christopher D; Stephens, Linda S; Posner, Karen L; Domino, Karen B

2017-12-01

Malpractice claims that arise during the perioperative care of patients receiving orthopaedic procedures will frequently involve both orthopaedic surgeons and anesthesiologists. The Anesthesia Closed Claims database contains anesthesia malpractice claim data that can be used to investigate patient safety events arising during the care of orthopaedic patients and can provide insight into the medicolegal liability shared by the two specialties. (1) How do orthopaedic anesthetic malpractice claims differ from other anesthesia claims with regard to patient and case characteristics, common events and injuries, and liability profile? (2) What are the characteristics of patients who had neuraxial hematomas after spinal and epidural anesthesia for orthopaedic procedures? (3) What are the characteristics of patients who had orthopaedic anesthesia malpractice claims for central ischemic neurologic injury occurring during shoulder surgery in the beach chair position? (4) What are the characteristics of patients who had malpractice claims for respiratory depression and respiratory arrests in the postoperative period? The Anesthesia Closed Claims Project database was the source of data for this study. This national database derives data from a panel of liability companies (national and regional) and includes closed malpractice claims against anesthesiologists representing > 30% of practicing anesthesiologists in the United States from all types of practice settings (hospital, surgery centers, and offices). Claims for damage to teeth or dentures are not included in the database. Patient characteristics, type of anesthesia, damaging events, outcomes, and liability characteristics of anesthesia malpractice claims for events occurring in the years 2000 to 2013 related to nonspine orthopaedic surgery (n = 475) were compared with claims related to other procedures (n = 1592) with p < 0.05 as the criterion for statistical significance and two-tailed tests. Odds ratios and their 95% confidence intervals were calculated for all comparisons. Three types of claims involving high-impact injuries in patients undergoing nonspine orthopaedic surgery were identified through database query for in-depth descriptive review: neuraxial hematoma (n = 10), central ischemic neurologic injury in the beach chair position (n = 9), and injuries caused by postoperative respiratory depression (n = 23). Nonspine orthopaedic anesthesia malpractice claims were more frequently associated with nerve injuries (125 of 475 [26%], odds ratio [OR] 2.12 [1.66-2.71]) and events arising from the use of regional anesthesia (125 of 475 [26%], OR 6.18 (4.59-8.32) than in malpractice claims in other areas of anesthesia malpractice (230 of 1592 [14%] and 87 of 1592 [6%], respectively, p < 0.001 for both comparisons). Ninety percent (nine of 10) of patients with claims for neuraxial hematomas were receiving anticoagulant medication and all had severe long-term injuries, most with a history of significant delay in diagnosis and treatment after first appearance of signs and symptoms. Central ischemic injuries occurring during orthopaedic surgery in the beach chair position did not occur solely in patients who would have been considered at high risk for ischemic stroke. Patients with malpractice claims for injuries resulting from postoperative respiratory depression events had undergone lower extremity procedures (20 of 23 [87%]) and most events (22 of 23 [96%]) occurred on the day of surgery or the first postoperative day. Nonspine orthopaedic anesthesia malpractice claims more frequently cited nerve injury and events arising from the use of regional anesthesia than other surgical anesthesia malpractice claims. This may reflect the frequency of regional anesthesia in orthopaedic cases rather than increased risk of injury associated with regional techniques. When neuraxial procedures and anticoagulation regimens are used concurrently, care pathways should emphasize clear lines of responsibility for coordination of care and early investigation of any unusual neurologic findings that might indicate neuraxial hematoma. We do not have a good understanding of the factors that render some patients vulnerable to the rare occurrence of intraoperative central ischemic injury in the beach chair position, but providers should carefully calculate cerebral perfusion pressure relative to measured blood pressure for patients in the upright position. Postoperative use of multiple opioids by different concurrent modes of administration warrant special precautions with consideration given to the provision of care in settings with enhanced respiratory monitoring. The limitations of retrospective closed claims database review prevent conclusions regarding causation. Nonetheless, the collection of relatively rare events with substantial clinical detail provides valuable data to generate hypotheses about causation with potential for future study to improve patient safety. Level III, therapeutic study.

Patient injuries from anesthesia gas delivery equipment: a closed claims update.

PubMed

Mehta, Sonya P; Eisenkraft, James B; Posner, Karen L; Domino, Karen B

2013-10-01

Improvements in anesthesia gas delivery equipment and provider training may increase patient safety. The authors analyzed patient injuries related to gas delivery equipment claims from the American Society of Anesthesiologists Closed Claims Project database over the decades from 1970s to the 2000s. After the Institutional Review Board approval, the authors reviewed the Closed Claims Project database of 9,806 total claims. Inclusion criteria were general anesthesia for surgical or obstetric anesthesia care (n = 6,022). Anesthesia gas delivery equipment was defined as any device used to convey gas to or from (but not involving) the airway management device. Claims related to anesthesia gas delivery equipment were compared between time periods by chi-square test, Fisher exact test, and Mann-Whitney U test. Anesthesia gas delivery claims decreased over the decades (P < 0.001) to 1% of claims in the 2000s. Outcomes in claims from 1990 to 2011 (n = 40) were less severe, with a greater proportion of awareness (n = 9, 23%; P = 0.003) and pneumothorax (n = 7, 18%; P = 0.047). Severe injuries (death/permanent brain damage) occurred in supplemental oxygen supply events outside the operating room, breathing circuit events, or ventilator mishaps. The majority (85%) of claims involved provider error with (n = 7) or without (n = 27) equipment failure. Thirty-five percent of claims were judged as preventable by preanesthesia machine check. Gas delivery equipment claims in the Closed Claims Project database decreased in 1990-2011 compared with earlier decades. Provider error contributed to severe injury, especially with inadequate alarms, improvised oxygen delivery systems, and misdiagnosis or treatment of breathing circuit events.

Operator-related aspects in endodontic malpractice claims in Finland.

PubMed

Vehkalahti, Miira M; Swanljung, Outi

2017-04-01

We analyzed operator-related differences in endodontic malpractice claims in Finland. Data comprised the endodontic malpractice claims handled at the Patient Insurance Centre (PIC) in 2002-2006 and 2011-2013. Two dental advisors at the PIC scrutinized the original documents of the cases (n = 1271). The case-related information included patient's age and gender, type of tooth, presence of radiographs, and methods of instrumentation and apex location. As injuries, we recorded broken instrument, perforation, injuries due to root canal irrigants/medicaments, and miscellaneous injuries. We categorized the injuries according to the PIC decisions as avoidable, unavoidable, or no injury. Operator-related information included dentist's age, gender, specialization, and service sector. We assessed level of patient documentation as adequate, moderate, or poor. Chi-squared tests, t-tests, and logistic regression modelling served in statistical analyses. Patients' mean age was 44.7 (range 8-85) years, and 71% were women. The private sector constituted 54% of claim cases. Younger patients, female dentists, and general practitioners predominated in the public sector. We found no sector differences in patients' gender, dentists' age, or type of injured tooth. PIC advisors confirmed no injury in 24% of claim cases; the advisors considered 65% of injury cases (n = 970) as avoidable and 35% as unavoidable. We found no operator-related differences in these figures. Working methods differed by operator's age and gender. Adequate patient documentation predominated in the public sector and among female, younger, or specialized dentists. Operator-related factors had no impact on endodontic malpractice claims.

Work-Related Illness and Injury Claims Among Nationally Certified Athletic Trainers Reported to Washington and California From 2001 to 2011

PubMed Central

Kucera, Kristen L.; Roos, Karen G.; Hootman, Jennifer M.; Lipscomb, Hester J.; Dement, John M.; Silverstein, Barbara A.

2017-01-01

Background Little is known about the work-related injury and illnesses experienced by certified athletic trainers (AT). Methods The incidence and characteristics of injury/illness claims filed in two workers’ compensation systems were described from 2001 to 2011. Yearly populations at risk were estimated from National Athletic Trainers’ Association membership statistics. Incidence rate ratios (IRR) were reported by job setting. Results Claims were predominantly for traumatic injuries and disorders (82.7%: 45.7% sprains/strains, 12.0% open wounds, 6.5% bruises) and at these body sites (back 17.2%, fingers 12.3%, and knee 9.6%) and over half were caused by body motion and overexertion (51.5%). Compared with school settings, clinic/hospital settings had modestly higher claim rates (IRR = 1.29, 95% CI: 1.06–1.52) while other settings (e.g., professional or youth sport, nursing home) had lower claim rates (IRR = 0.63, 95% CI: 0.44–0.70). Conclusions These first known estimates of work-related injuries/illnesses among a growing healthcare profession help identify occupational tasks and settings imposing injury risk for ATs. PMID:27779316

Characteristics of work-related fatal and hospitalised injuries not captured in workers' compensation data.

PubMed

Koehoorn, M; Tamburic, L; Xu, F; Alamgir, H; Demers, P A; McLeod, C B

2015-06-01

(1) To identify work-related fatal and non-fatal hospitalised injuries using multiple data sources, (2) to compare case-ascertainment from external data sources with accepted workers' compensation claims and (3) to investigate the characteristics of work-related fatal and hospitalised injuries not captured by workers' compensation. Work-related fatal injuries were ascertained from vital statistics, coroners and hospital discharge databases using payment and diagnosis codes and injury and work descriptions; and work-related (non-fatal) injuries were ascertained from the hospital discharge database using admission, diagnosis and payment codes. Injuries for British Columbia residents aged 15-64 years from 1991 to 2009 ascertained from the above external data sources were compared to accepted workers' compensation claims using per cent captured, validity analyses and logistic regression. The majority of work-related fatal injuries identified in the coroners data (83%) and the majority of work-related hospitalised injuries (95%) were captured as an accepted workers' compensation claim. A work-related coroner report was a positive predictor (88%), and the responsibility of payment field in the hospital discharge record a sensitive indicator (94%), for a workers' compensation claim. Injuries not captured by workers' compensation were associated with female gender, type of work (natural resources and other unspecified work) and injury diagnosis (eg, airway-related, dislocations and undetermined/unknown injury). Some work-related injuries captured by external data sources were not found in workers' compensation data in British Columbia. This may be the result of capturing injuries or workers that are ineligible for workers' compensation, or the result of injuries that go unreported to the compensation system. Hospital discharge records and coroner reports may provide opportunities to identify workers (or family members) with an unreported work-related injury and to provide them with information for submitting a workers' compensation claim. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Characteristics of work-related fatal and hospitalised injuries not captured in workers’ compensation data

PubMed Central

Koehoorn, M; Tamburic, L; Xu, F; Alamgir, H; Demers, P A; McLeod, C B

2015-01-01

Objectives (1) To identify work-related fatal and non-fatal hospitalised injuries using multiple data sources, (2) to compare case-ascertainment from external data sources with accepted workers’ compensation claims and (3) to investigate the characteristics of work-related fatal and hospitalised injuries not captured by workers’ compensation. Methods Work-related fatal injuries were ascertained from vital statistics, coroners and hospital discharge databases using payment and diagnosis codes and injury and work descriptions; and work-related (non-fatal) injuries were ascertained from the hospital discharge database using admission, diagnosis and payment codes. Injuries for British Columbia residents aged 15–64 years from 1991 to 2009 ascertained from the above external data sources were compared to accepted workers’ compensation claims using per cent captured, validity analyses and logistic regression. Results The majority of work-related fatal injuries identified in the coroners data (83%) and the majority of work-related hospitalised injuries (95%) were captured as an accepted workers’ compensation claim. A work-related coroner report was a positive predictor (88%), and the responsibility of payment field in the hospital discharge record a sensitive indicator (94%), for a workers’ compensation claim. Injuries not captured by workers’ compensation were associated with female gender, type of work (natural resources and other unspecified work) and injury diagnosis (eg, airway-related, dislocations and undetermined/unknown injury). Conclusions Some work-related injuries captured by external data sources were not found in workers’ compensation data in British Columbia. This may be the result of capturing injuries or workers that are ineligible for workers’ compensation, or the result of injuries that go unreported to the compensation system. Hospital discharge records and coroner reports may provide opportunities to identify workers (or family members) with an unreported work-related injury and to provide them with information for submitting a workers’ compensation claim. PMID:25713157

Ergonomic and socioeconomic risk factors for hospital workers' compensation injury claims.

PubMed

Boyer, Jon; Galizzi, Monica; Cifuentes, Manuel; d'Errico, Angelo; Gore, Rebecca; Punnett, Laura; Slatin, Craig

2009-07-01

Hospital workers are a diverse population with high rates of musculoskeletal disorders (MSDs). The risk of MSD leading to workers' compensation (WC) claims is likely to show a gradient by socioeconomic status (SES) that may be partly explained by working conditions. A single community hospital provided workforce demographics and WC claim records for 2003-2005. An ergonomic job exposure matrix (JEM) was developed for these healthcare jobs from direct observation of physical workload and extraction of physical and psychosocial job requirements from the O*NET online database. Occupational exposures and SES categories were assigned to workers through their O*NET job titles. Univariate and multivariate Poisson regression analyses were performed to estimate the propensity to file an injury claim in relation to individual factors, occupational exposures, and SES. The jobs with the highest injury rates were nurses, semi-professionals, and semi-skilled. Increased physical work and psychological demands along with low job tenure were associated with an increase in risk, while risk decreased with psychosocial rewards and supervisor support. Both occupational and individual factors mediated the relationship between SES and rate of injury claims. Physical and organizational features of these hospital jobs along with low job tenure predicted WC injury claim risk and explained a substantial proportion of the effects of SES. Further studies that include lifestyle risk factors and control for prior injuries and co-morbidities are warranted to strengthen the current study findings.

Malpractice Risk Among US Pediatricians

PubMed Central

Chandra, Amitabh; Seabury, Seth A.

2013-01-01

OBJECTIVE: To characterize malpractice risk among US pediatricians. METHODS: We analyzed malpractice claims of all pediatricians and other physicians covered by a nationwide liability insurer from 1991 to 2005 (n = 1630 pediatricians; 40 916 total physicians). We characterized annual malpractice risk among pediatricians compared with other physicians. We characterized claims according to patient age, injury type, months required to resolve the claim, and whether an indemnity payment was made. We estimated how patient age and injury type were associated with whether a claim resulted in payment to a patient (and if so, payment size) and the time required to resolve the claim. RESULTS: The annual percentage of pediatricians facing a malpractice claim was 3.1% (7.4% among other physicians, P < .001). Among 404 claims, 83 (20.5%) resulted in an indemnity payment and 15 (3.7%) resulted in a payment exceeding $1 million. Annual rates of indemnity were lower among pediatricians (0.5%) than other physicians (1.6%, P < .001), whereas rates of payments exceeding $1 million were similar (0.13% among pediatricians and 0.11% among other physicians, P = .57). The mean indemnity payment was $562 180 (SD $667 962). Cases with permanent injury (n = 172) had larger mean payments ($703 373) compared with fatalities ($559 102; n = 131) or temporary or psychological injuries ($127 663; n = 101), P < .05. The mean time to resolution was 23.4 months (SD 21.8 months). CONCLUSIONS: Indemnity payments among pediatricians are infrequent but large, particularly in cases with permanent patient injury rather than death or temporary injury. The time required to resolve claims may be considered to be long. PMID:23650293

Welding related occupational eye injuries: a narrative analysis

PubMed Central

Lombardi, D; Pannala, R; Sorock, G; Wellman, H; Courtney, T; Verma, S; Smith, G

2005-01-01

Objective: To determine the activities and circumstances proximal to a welding related occupational eye injury, a hybrid narrative coding approach derived from two well developed classification systems was developed to categorize and describe the activity, initiating process, mechanism of injury, object and/or substance, and the use of protective eyewear from the narrative text data reported for each injury. Methods: Routinely collected workers' compensation claims over a one year period (2000) were analyzed from a large US insurance provider. An index term search algorithm of occupation, incident, and injury description fields identified 2209 potential welding related eye injury claims. After detailed review of these claims, 1353 welders and 822 non-welders were analyzed. Results: During 2000, eye(s) as the primary injured body part accounted for 5% (n = 26 413) of all compensation claims. Eye injuries accounted for 25% of all claims for welders. Subjects were mainly male (97.1%) and from manufacturing (70.4%), service (11.8%), or construction (8.4%) related industries. Most injuries were foreign body (71.7%) or burn (22.2%) and 17.6% were bilateral. Common activities include welding (31.9%) and/or grinding (22.5%). Being struck by an airborne object occurred in 56.3% of cases. Non-welders showed similar patterns except that burns (43.8%) were more frequent and more often initiated by another worker (13.9%). Conclusions: Narrative injury text provides valuable data to supplement traditional epidemiologic analyses. Workers performing welding tasks or working nearby welders should be trained to recognize potential hazards and the effective use of proper safety equipment to prevent ocular injury. PMID:15933411

Welding related occupational eye injuries: a narrative analysis.

PubMed

Lombardi, D A; Pannala, R; Sorock, G S; Wellman, H; Courtney, T K; Verma, S; Smith, G S

2005-06-01

To determine the activities and circumstances proximal to a welding related occupational eye injury, a hybrid narrative coding approach derived from two well developed classification systems was developed to categorize and describe the activity, initiating process, mechanism of injury, object and/or substance, and the use of protective eyewear from the narrative text data reported for each injury. Routinely collected workers' compensation claims over a one year period (2000) were analyzed from a large US insurance provider. An index term search algorithm of occupation, incident, and injury description fields identified 2209 potential welding related eye injury claims. After detailed review of these claims, 1353 welders and 822 non-welders were analyzed. During 2000, eye(s) as the primary injured body part accounted for 5% (n = 26 413) of all compensation claims. Eye injuries accounted for 25% of all claims for welders. Subjects were mainly male (97.1%) and from manufacturing (70.4%), service (11.8%), or construction (8.4%) related industries. Most injuries were foreign body (71.7%) or burn (22.2%) and 17.6% were bilateral. Common activities include welding (31.9%) and/or grinding (22.5%). Being struck by an airborne object occurred in 56.3% of cases. Non-welders showed similar patterns except that burns (43.8%) were more frequent and more often initiated by another worker (13.9%). Narrative injury text provides valuable data to supplement traditional epidemiologic analyses. Workers performing welding tasks or working nearby welders should be trained to recognize potential hazards and the effective use of proper safety equipment to prevent ocular injury.

Claim rates of compensable back injuries by age, gender, occupation, and industry. Do they relate to return-to-work experience?

PubMed

Gluck, J V; Oleinick, A

1998-07-15

A retrospective cohort study of Michigan workers' compensation cases involving back injuries in 1986 and 1987 with incidence and outcome data. To determine claim rates by age, gender, and industry or occupation for compensable back injuries and to investigate the relation between occupation and return to work. The cohort of 24,094 Michigan workers' compensation cases from 1986 and 1987 in which claimants were compensated for back injuries was reviewed. Compensation eligibility requires more than 7 days' disability after injury. Claim rates for back injuries by age, gender, and industry or occupation using employment data interpolated from 1980 and 1990 Census 1% Public Use Microdata Samples. Cox proportional hazards analysis was performed for return to work in the first 8 weeks after injury, with occupation coded at the three-digit level. All-age claim rates for Michigan compensable back injuries by occupation ranged between 0.03% and 1.7% annually (0.39% for all cases) and were generally higher in women in white collar occupations and in men in blue collar occupations. The claim rate peaked in men in the 25-34 year range, with the highest rates in manual labor occupations. The peak claim rates by age were less marked in women, tending to occur broadly throughout the 25-44-year range. Similar all-age values were recorded by industry. The male-to-female risk ratio over all occupations does not vary by age and is approximately 1.4:1. As the classification of occupation became more detailed, large differences in risk were documented within major occupation groups. The highest risk in this study was approximately 6% annually for 25-44 year old men in driver-sales (beverage truck drivers and delivery workers). Only 7 of 40 occupation categories showed a significant relative hazard for return to work in the first 8 weeks after injury, and these were blue collar occupations with earlier return than the reference sales category. For Michigan compensable back injuries, a rough estimate of the true annual incidence of new claims is 94% of the reported claim rate. The relative risk of compensable back injury is generally higher for females in white collar occupations, higher for males in blue collar occupations and approximately equal in service occupations. Although the risk of back injury is related to occupation, the same occupational factors do not operate as a barrier to return to work.

Underutilization of worker's compensation insurance among professional orchestral musicians.

PubMed

Chimenti, Ruth L; Van Dillen, Linda R; Prather, Heidi; Hunt, Devyani; Chimenti, Peter C; Khoo-Summers, Lynnette

2013-03-01

Orchestral musicians commonly have playing-related symptoms (PRS) but few use worker's compensation (WC) insurance for assessment and treatment. The purpose of this study was to examine the frequency of, and factors related to, filing a WC claim among musicians. An online questionnaire was completed by 261 members of the International Conference of Symphony and Opera Musicians (ICSOM). The responses were analyzed to describe the frequency and type of injuries, perceived cause of PRS, and severity of injury in musicians who did and did not file a WC claim. Of the musicians, 93% reported PRS in the 12 months prior to the study. Only 9 musicians filed WC claims during their careers, and all claims were for upper extremity injuries. The most frequent reason for not filing a WC claim was insufficient severity. Yet among musicians describing their PRS as not severe enough for a WC claim, 47% had symptoms for >15 minutes after playing and 16% had symptoms that interfered with daily activities. These data suggest there is frequent under-reporting of injuries to WC among professional orchestral musicians. Although most musicians reported PRS that persisted after playing, the most common reason for not filing a WC claim was insufficient severity of symptoms perceived by the musicians. Future research should focus on clearly defining severity for PRS-related injuries and determining when treatment for overuse syndromes should be paid for through the WC system.

[Drug-related claims in the Norwegian system of compensation to patients].

PubMed

Baardseth, Mari; Lynghei, Ellen; Flåte, Sølvi; Spigset, Olav; Slørdal, Lars

2013-01-22

Patients subjected to drug-related injuries can, in accordance with Norwegian legislation, seek compensation from the Norwegian System of Patient Injury Compensation (NPE). The aim of this study was to examine what drugs and injuries instigate claims against NPE, and how these cases are resolved. We have assessed anonymised summaries of 992 consecutive indemnity applications received and evaluated by NPE over the period 2003-2009. We recorded the age and gender of applicants, treatment diagnosis, drugs implicated, outcome, and NPE's decision in each case. A total of 964 claims were included. The most commonly implicated drugs were those affecting the nervous system (34.6%) and the musculoskeletal system (26.1%). Rofecoxib at 18.9% was the predominant single drug implicated. In two-thirds of the cases, adverse effects were given as the reason for the claim, whereas the last one-third consisted of claims for medication errors. The most common injuries were related to cardiovascular diseases (28.7%) or non-specific conditions (17.5%). 8.4% of the cases related to fatalities. In all, 26.3% of the claims resulted in compensations. Few patients made use of the NPE. Most of the compensation claims in the years 2003-2009 involved rofecoxib and psychoactive drugs, and the majority of claims were rejected.

Disabling and fatal occupational claim rates, risks, and costs in the Oregon construction industry 1990-1997.

PubMed

Horwitz, Irwin B; McCall, Brian P

2004-10-01

This study estimated injury and illness rates, risk factors, and costs associated with construction work in Oregon from 1990-1997 using all accepted workers' compensation claims by Oregon construction employees (N = 20,680). Claim rates and risk estimates were estimated using a baseline calculated from Current Population Survey data of the Oregon workforce. The average annual rate of lost-time claims was 3.5 per 100 workers. More than 50% of claims were by workers under 35 years and with less than 1 year of tenure. The majority of claimants (96.1%) were male. There were 52 total fatalities reported over the period examined, representing an average annual death rate of 8.5 per 100,000 construction workers. Average claim cost was $10,084 and mean indemnity time was 57.3 days. Structural metal workers had the highest average days of indemnity of all workers (72. 1), highest average costs per claim ($16,472), and highest odds ratio of injury of all occupations examined. Sprains were the most frequently reported injury type, constituting 46.4% of all claims. The greatest accident risk occurred during the third hour of work. Training interventions should be extensively utilized for inexperienced workers, and prework exercises could potentially reduce injury frequency and severity.

Unreported workers’ compensation claims to the BLS Survey of Occupational Injuries and Illnesses: Establishment factors

PubMed Central

Adams, Darrin A.; Bonauto, David K.

2016-01-01

Background Studies suggest employers underreport injuries to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII); less is known about reporting differences by establishment characteristics. Methods We linked SOII data to Washington State workers’ compensation claims data, using unemployment insurance data to improve linking accuracy. We used multivariable regression models to estimate incidence ratios (IR) of unreported workers’ compensation claims for establishment characteristics. Results An estimated 70% of workers’ compensation claims were reported in SOII. Claims among state and local government establishments were most likely to be reported. Compared to large manufacturing establishments, unreported claims were most common among small educational services establishments (IR = 2.47, 95%CI: 1.52–4.01) and large construction establishments (IR = 2.05, 95%CI: 1.77–2.37). Conclusions Underreporting of workers’ compensation claims to SOII varies by establishment characteristics, obscuring true differences in work injury incidence. Findings may differ from previous research due to differences in study methods. Am. J. Ind. Med. 59:274–289, 2016. © 2016 The Authors. American Journal of Industrial Medicine Published by Wiley Periodicals, Inc. PMID:26792563

32 CFR 750.48 - Measure of damages in injury or death cases.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

32 CFR 750.48 - Measure of damages in injury or death cases.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

32 CFR 750.48 - Measure of damages in injury or death cases.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 5 2014-07-01 2014-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

32 CFR 750.48 - Measure of damages in injury or death cases.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 5 2013-07-01 2013-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

32 CFR 750.48 - Measure of damages in injury or death cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Measure of damages in injury or death cases. 750... GENERAL CLAIMS REGULATIONS Military Claims Act § 750.48 Measure of damages in injury or death cases. (a... possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where...

76 FR 73021 - Agency Information Collection (Report of Accidental Injury in Support of Claim for Compensation...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-28

... DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0104] Agency Information Collection (Report of Accidental Injury in Support of Claim for Compensation or Pension/Statement of Witness to Accident... of Claim for Compensation or Pension/Statement of Witness to Accident, VA Form 21- 4176. OMB Control...

Work related injuries in Washington State's Trucking Industry, by industry sector and occupation.

PubMed

Smith, Caroline K; Williams, Jena

2014-04-01

The trucking industry continues to have some of the highest work-related injury and illness rates and costs of any industry in the United States. Until recently, little focus has been placed on addressing non-motor vehicle collision related injuries within the trucking industry. Drivers are exposed to multiple physical risk factors that contribute to occupational injuries in order to complete their job duties, such as loading/unloading freight, decoupling trailers, strapping down loads and ingress and egress from the cab and trailer. About one-fourth of all truck driver injuries in the United States are related to slips, trips, and falls near the truck. The purpose of this descriptive study is to report on recent injuries in the trucking industry in Washington State. Data are presented by occupation and industry sector, in order to better understand the magnitude of specific injuries in terms of time-loss days and workers' compensation costs. All accepted, compensable (time-loss) claims from 2005 to 2010 within the trucking industry in Washington State were reviewed. Counts, rates, median and quartile data are presented. Logistic regression models are presented to identify factors associated with more severe claims. Non-traumatic musculoskeletal disorders of the neck, back and upper extremities are the most frequent injuries across all industry sectors and occupations in the trucking industry. Vehicle related claims had the highest median costs and time loss days and Courier and Messenger claims had the highest risk for higher time loss claims. Injuries varied substantially by sector and within sectors by occupation. It is important to review work-related injuries within the trucking industry by sector and occupation in order to maximize limited resources for injury prevention within this important sector. Copyright © 2014 The Authors. Published by Elsevier Ltd.. All rights reserved.

Using Workers' Compensation Claims Data to Characterize Occupational Injuries in the Commercial Grain Elevator Industry.

PubMed

Ramaswamy, Sai K; Mosher, Gretchen A

2017-07-31

Workplace injuries in the grain handling industry are common, yet little research has characterized worker injuries in grain elevators across all hazard types. Learning from past injuries is essential for preventing future occurrences, but the lack of injury information for the grain handling industry hinders this effort. The present study addresses this knowledge gap by using data from over 7000 workers' compensation claims reported from 2008 to 2016 by commercial grain handling facilities in the U.S. to characterize injury costs and severity. The total amount paid for each claim was used as a measure of injury severity. The effects of employee age and tenure, cause of injury, and body part injured on the cost of work-related injuries were investigated. Contingency tables were used to classify the variable pairs. The chi-square test and chi-square residuals were employed to evaluate the relationship between the variable pairs and identify the at-risk groups. Results showed that the employee age and tenure, cause of injury, and body part injured have a significant influence on the cost paid for the claim. Several at-risk groups were identified as a result of the analyses. Findings from the study will assist commercial grain elevators in the development of targeted safety interventions and assist grain elevator safety managers in mitigating financial and social losses from occupational injuries. Copyright© by the American Society of Agricultural Engineers.

Lower limb injuries in New Zealand Defence Force personnel: descriptive epidemiology.

PubMed

Davidson, Peter L; Chalmers, David J; Wilson, Barry D; McBride, David

2008-04-01

To describe the epidemiology of lower limb injuries in the New Zealand Defence Force (NZDF). Data from all NZDF lower limb injury claims from an 11-month period were examined for type, site, and circumstances of injury. Both injury codes and narratives were analysed, allowing each injury event to be classified according to mechanism of injury, object involvement, and activity at the time of injury, as well as type and site. The commonest lower limb musculoskeletal injuries were ankle sprains or strains (35%) and knee sprains or strains (16%). Most commonly, injuries were due to acute over-exertion (37%), involved no other person (50%), and occurred while running (28%) or playing team sports (25%). The injury rate for recruits was more than five times that of trained personnel. Potential interventions should target ankle sprains primarily, but also knee sprains and fractures. Fractures, while accounting for only 6% of lower limb injuries, should be a priority because of their high medical and time-lost costs. Interventions must also take into account the high incidence of injuries involving individuals alone and sustained during recruit training. The study also demonstrated that analysis of military injury narratives provides valuable extra information on injury causation and the circumstances of injury, and allows more accurate characterisation of the injury process. This study will provide the basis for development of an injury prevention strategy for lower limb training injuries in the NZDF.

Psychological distress following a motor vehicle crash: evidence from a statewide retrospective study examining settlement times and costs of compensation claims.

PubMed

Guest, Rebecca; Tran, Yvonne; Gopinath, Bamini; Cameron, Ian D; Craig, Ashley

2017-09-05

To determine whether psychological distress associated with musculoskeletal injuries sustained in a motor vehicle crash (MVC), regardless of time of onset, impacts compensation outcomes such as claim settlement times and costs. Second, to identify factors routinely collected by insurance companies that contribute to psychological distress during the compensation process. Statewide retrospective study. Analysis of the New South Wales statewide (Australia) injury register for MVC survivors who lodged a compensation claim from 2011 to 2013. 6341 adults who sustained a musculoskeletal injury and who settled a claim for injury after an MVC. Participants included those diagnosed with psychological distress (n=607) versus those not (n=5734). Time to settlement and total costs of claims, as well as socio-demographic and injury characteristics that may contribute to elevated psychological distress, such as socio-economic disadvantage, and injury severity. Psychological distress in those with a musculoskeletal injury was associated with significantly longer settlement times (an additional 17 weeks) and considerably higher costs (an additional $A41 575.00 or 4.3 times more expensive). Multivariate logistic regression analysis identified risk factors for psychological distress including being female, social disadvantage, unemployment prior to the claim, not being at fault in the MVC, requiring ambulance transportation and rehabilitation as part of recovery. Results provide compelling evidence that psychological distress has an adverse impact on people with musculoskeletal injury as they progress through compensation. Findings suggest that additional resources should be directed toward claimants who are at risk (eg, the socially disadvantaged or those unemployed prior to the claim), the major aim being to reduce risk of psychological distress, such as post-traumatic stress disorder, and associated risk of increased settlement times and claim costs. Prospective studies are now required that investigate treatment strategies for those at risk of psychological distress associated with an MVC. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Injury rate as an indicator of business success.

PubMed

Holizki, Theresa; Nelson, Larry; McDonald, Rose

2006-01-01

Health and safety professionals and organizations have often suggested that promoting and improving health and safety in the workplace will improve business success. We conducted a study of all new small businesses that registered with the Workers' Compensation Board of British Columbia (WCB of BC) in the years 1993, 1995, 1996 and 1997, assessing their injury rate in the first 5 complete years of business. The data set represents 53,913 new businesses and 19,332 claims. Businesses were grouped by the number of years between registering for WCB coverage and termination of coverage. Injury rates were determined for each calendar year for each industry sector as injuries per 100 person-years, based on payroll information provided by the businesses. Across all industries, businesses that failed between 1 and 2 yr of start-up had an average injury rate of 9.71 while businesses that survived more than 5 yr had an average injury rate of only 3.89 in their first year of business (p<0.000001). The WCB of BC demonstrated a statistical correlation between health and safety in the workplace and the survival of a small business.

Ergonomic and Socioeconomic Risk Factors for Hospital Workers’ Compensation Injury Claims

PubMed Central

Boyer, Jon; Galizzi, Monica; Cifuentes, Manuel; d’Errico, Angelo; Gore, Rebecca; Punnett, Laura; Slatin, Craig

2018-01-01

Background Hospital workers are a diverse population with high rates of musculoskeletal disorders (MSDs). The risk of MSD leading to workers’ compensation (WC) claims is likely to show a gradient by socioeconomic status (SES) that may be partly explained by working conditions. Methods A single community hospital provided workforce demographics and WC claim records for 2003–2005. An ergonomic job exposure matrix (JEM) was developed for these healthcare jobs from direct observation of physical workload and extraction of physical and psychosocial job requirements from the O*NET online database. Occupational exposures and SES categories were assigned to workers through their O*NET job titles. Univariate and multivariate Poisson regression analyses were performed to estimate the propensity to file an injury claim in relation to individual factors, occupational exposures, and SES. Results The jobs with the highest injury rates were nurses, semi-professionals, and semi-skilled. Increased physical work and psychological demands along with low job tenure were associated with an increase in risk, while risk decreased with psychosocial rewards and supervisor support. Both occupational and individual factors mediated the relationship between SES and rate of injury claims. Conclusions Physical and organizational features of these hospital jobs along with low job tenure predicted WC injury claim risk and explained a substantial proportion of the effects of SES. Further studies that include lifestyle risk factors and control for prior injuries and co-morbidities are warranted to strengthen the current study findings. PMID:19479820

Etiology of work-related electrical injuries: a narrative analysis of workers' compensation claims.

PubMed

Lombardi, David A; Matz, Simon; Brennan, Melanye J; Smith, Gordon S; Courtney, Theodore K

2009-10-01

The purpose of this study was to provide new insight into the etiology of primarily nonfatal, work-related electrical injuries. We developed a multistage, case-selection algorithm to identify electrical-related injuries from workers' compensation claims and a customized coding taxonomy to identify pre-injury circumstances. Workers' compensation claims routinely collected over a 1-year period from a large U.S. insurance provider were used to identify electrical-related injuries using an algorithm that evaluated: coded injury cause information, nature of injury, "accident" description, and injury description narratives. Concurrently, a customized coding taxonomy for these narratives was developed to abstract the activity, source, initiating process, mechanism, vector, and voltage. Among the 586,567 reported claims during 2002, electrical-related injuries accounted for 1283 (0.22%) of nonfatal claims and 15 fatalities (1.2% of electrical). Most (72.3%) were male, average age of 36, working in services (33.4%), manufacturing (24.7%), retail trade (17.3%), and construction (7.2%). Body part(s) injured most often were the hands, fingers, or wrist (34.9%); multiple body parts/systems (25.0%); lower/upper arm; elbow; shoulder, and upper extremities (19.2%). The leading activities were conducting manual tasks (55.1%); working with machinery, appliances, or equipment; working with electrical wire; and operating powered or nonpowered hand tools. Primary injury sources were appliances and office equipment (24.4%); wires, cables/cords (18.0%); machines and other equipment (11.8%); fixtures, bulbs, and switches (10.4%); and lightning (4.3%). No vector was identified in 85% of cases. and the work process was initiated by others in less than 1% of cases. Injury narratives provide valuable information to overcome some of the limitations of precoded data, more specially for identifying additional injury cases and in supplementing traditional epidemiologic data for further understanding the etiology of work-related electrical injuries that may lead to further prevention opportunities.

Toward safer practice in otology: a report on 15 years of clinical negligence claims.

PubMed

Mathew, Rajeev; Asimacopoulos, Eleni; Valentine, Peter

2011-10-01

To determine the characteristics of medical negligence claims arising from otological practice. Retrospective analysis of medical negligence claims contained in the National Health Service Litigation Authority (NHSLA) database. Claims relating to otology and neurotology between 1995 and 2010 were obtained from the NHSLA database and analyzed for cause of injury, type of injury, outcome of claim and costs. Over 15 years there were 137 claims in otology, representing 26% of all the claims in otolaryngology. Of these, 116 have been closed, and 84% of closed claims resulted in payment. Of the 97 successful claims, 63 were related to operative complications. This included six cases of wrong side/site surgery, and 15 cases of inadequate informed consent. The most common injuries claimed were hearing loss, facial paralysis, and additional/unnecessary surgery. Middle ear ventilation and mastoid surgery were the procedures most commonly associated with a successful claim. There were 15 successful claims of misdiagnosis/delayed diagnosis, with chronic suppurative otitis media the condition most frequently missed. There were nine successful claims related to outpatient procedures, of which seven were for aural toilet and six claims of medical mismanagement, including three cases of ototoxicity from topical medications. There were also four successful claims for morbidity due to delayed surgery. This is the first study to report outcomes of negligence claims in otology. Claims in otology are associated with a high success rate. A significant proportion of claims are not related to surgery and represent areas where safety should also be addressed. Copyright © 2011 The American Laryngological, Rhinological, and Otological Society, Inc.

Musculoskeletal disorders and associated healthcare costs among family members of injured workers.

PubMed

Asfaw, Abay; Pana-Cryan, Regina; Bushnell, Tim; Sauter, Steven

2015-11-01

Research has infrequently looked beyond the injured worker when gauging the burden of occupational injury. We explored the relationship between occupational injury and musculoskeletal disorders (MSDs) among family members of injured workers. We used 2005 and 2006 Truven Health Analytics databases, which contain information on workers' compensation and family healthcare claims. We used descriptive analyses, and negative binomial and two-part models. Family members of severely injured workers had a 15% increase in the total number of MSD outpatient claims and a 34% increase in the mean cost of MSD claims compared to family members of non-severely injured workers within 3 months after injury. Extrapolating cost results to the national level implies that severe occupational injury would be associated with between $29 and $33 million additional cost of family member outpatient MSD claims. Occupational injury can impose a formerly unrecognized health burden on family members of injured workers. Published 2015. This article is a U.S. Government work and is in the public domain in the USA.

Nail gun injuries among construction workers.

PubMed

Dement, John M; Lipscomb, Hester; Li, Leiming; Epling, Carol; Desai, Tejas

2003-05-01

Pneumatic nail guns greatly increase worker productivity and are extensively used in wood frame building construction, with especially high use in residential construction. One surveillance report of nail gun injuries in Washington State has been published; however, other literature consists largely of case reports and case series in trauma journals. The major objective of the current study was to investigate the occurrence of nail gun-associated injuries among construction workers and to identify preventable work-related factors associated with these injuries. Nail gun-related injuries occurring among a cohort of 13,347 carpenters in Ohio who worked union hours during the time period January 1, 1994, until September 30, 1997, were identified by matching the cohort with workers' compensation claims made to the Ohio Bureau of Workers' Compensation. We also analyzed workers' compensation claims for North Carolina Home Builders Association members for the period July 1996-November 1999 to identify nail gun-related injuries. Analyses included stratified analyses of claims by nature and body part injured, calculation of nail gun injury rates, and analyses of free text descriptions of injuries. Overall, nail gun injuries were responsible for 3.9 percent of workers' compensation claims with 8.3 percent to 25.5 percent of claims involving paid lost work time. The overall rate of nail gun injuries (cases per 200,000 work hours) was 0.33 in North Carolina and 0.26 in Ohio, reflecting the greater concentration of wood frame construction workers in the North Carolina population studied. Higher rates of injury were observed for carpenters in North Carolina and among residential carpenters in Ohio. The predominant body part injured was the hands/fingers, with 80 to 89 percent of injuries being nail punctures. Analyses of free text information for puncture injuries found approximately 70 percent of injuries to occur during the framing/sheathing stage of construction. Our data suggest that approximately 69 percent of puncture injuries may be due to an inadvertent gun discharge or misfire, preventable in large part by the use of sequential triggers. Worker training and education also are important components of nail gun injury prevention.

A mixed-methods analysis of logging injuries in Montana and Idaho.

PubMed

Lagerstrom, Elise; Magzamen, Sheryl; Rosecrance, John

2017-12-01

Despite advances in mechanization, logging continues to be one of the most dangerous occupations in the United States. Logging in the Intermountain West region (Montana and Idaho) is especially hazardous due to steep terrain, extreme weather, and remote work locations. We implemented a mixed-methods approach combining analyses of workers' compensation claims and focus groups to identify factors associated with injuries and fatalities in the logging industry. Inexperienced workers (>6 months experience) accounted for over 25% of claims. Sprain/strain injuries were the most common, accounting for 36% of claims, while fatalities had the highest median claim cost ($274 411). Focus groups identified job tasks involving felling trees, skidding, and truck driving as having highest risk. Injury prevention efforts should focus on training related to safe work methods (especially for inexperienced workers), the development of a safety culture and safety leadership, as well as implementation of engineering controls. © 2017 Wiley Periodicals, Inc.

32 CFR 757.18 - Asserting the claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

32 CFR 757.18 - Asserting the claim.

Code of Federal Regulations, 2014 CFR

2014-07-01

... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

32 CFR 757.18 - Asserting the claim.

Code of Federal Regulations, 2012 CFR

2012-07-01

... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

32 CFR 757.18 - Asserting the claim.

Code of Federal Regulations, 2010 CFR

2010-07-01

... there is no prescribed form or content for investigating these claims, the claims file will contain...'s claim as an item of special damages with the injured person's claim or suit. (ii) An agreement... through the injured person against the liable third person or brings an original suit in its own name or...

Complaints to the Norwegian System of Patient Injury Compensation 2001-14 following nerve blockade.

PubMed

Kongsgaard, Ulf E; Fischer, Kristine; Pedersen, Tor Erlend; Bukholm, Ida Rashida Khan; Warncke, Torhild

2016-12-01

There has been a steady increase in cases reported to the Norwegian System of Patient Injury Compensation (NPE). We wished to look into what might characterise those cases of central and peripheral nerve blockade for anaesthesia that led to compensation claims. Cases with codes for central and peripheral blockade within the field of anaesthesiology were retrieved from the NPE database for the period 2001 – 14. The cases were evaluated on the basis of variables including sex, age, type of anaesthesia, diagnosis, type of injury, site of injury, damages received, and written descriptions of treatment and injury. The expert reports were anonymised and reviewed in detail. A total of 339 patient compensation claims relating to nerve blockade were identified, of which 149 concerned spinal anaesthesia, 142 epidural anaesthesia, 21 combined spinal and epidural anaesthesia and 27 peripheral nerve blockade. The group consisted of 236 women and 103 men, and the average age was 46 years. The 339 cases comprised 0.8 % of all cases reported to the NPE in this period. A total of 107 claims resulted in compensation. Eighty-two million Norwegian kroner were paid out in total. Peripheral and central nerve blockade accounts for only a small proportion of cases handled by the NPE. Only one in three applicants had their claim upheld, but when claims were upheld, the injuries were often severe and led to substantial pay-outs.

Associations with legal representation in a compensation setting 12 months after injury.

PubMed

Casey, Petrina P; Feyer, Anne Marie; Cameron, Ian D

2015-05-01

Many people with Whiplash Associated Disorder (WAD) seek treatment though a compensation system where factors such as legal involvement have been reported as having a negative impact on recovery outcomes. To compare those with and without legal involvement in their compensation claim, and identify associations with legal involvement at 12 months post injury; and longer term disability. Inception cohort study. 246 people with WAD compensation claim. Legal involvement and Functional Rating Index at 12 months post injury. Participants were recruited from an insurance database. Baseline health (Functional Rating Index, Pain Catastrophising Scale and SF-36), socio-economic, work capacity, and claims data were collected within three months of injury and 12 months. Logistic regression models were used to identify associations with legal involvement at 12 months; and disability (FRI) at 12 months. At baseline 246 participants were enrolled into the study in a median 72 days post injury. At 12 months post injury 52 (25%) had engaged a lawyer. The significant independent associations with legal involvement at 12 months were higher levels of initial disability, work disability, speaking a language other than English at home and lower levels of mental health. Specifically, the odds of lawyer involvement at 12 months post injury was 4.9 times greater for those with work disability; 2.3 times greater for those who spoke a language other than English at home. In terms of health, they had poorer mental health and for every 10 unit increase in the baseline FRI score the odds of having lawyer involvement increased by 38%. DISABILITY: at 12 months (FRI) was significantly independently associated with, PCS-helplessness (p<0.001), age (p<0.001) and prior claim (p=0.001). This study suggests the people with lawyer involvement in their claim 12 months after injury have socio-economic disadvantage, have had a prior claim and a worse baseline health profile compared to those without a lawyer. Understanding this profile could allow for improved claims processes and targeted interventions to assist this group through any perceived complexities in the system and address the underlying reasons for lawyer participation within compensation schemes. Copyright © 2015 Elsevier Ltd. All rights reserved.

Characteristics of medical professional liability claims in patients treated by family medicine physicians.

PubMed

Flannery, Frank T; Parikh, Parul Divya; Oetgen, William J

2010-01-01

This study describes a large database of closed medical professional liability (MPL) claims involving family physicians in the United States. The purpose of this report is to provide information for practicing family physicians that will be useful in improving the quality of care, thereby reducing the incidence of patient injury and the consequent frequency of MPL claims. The Physician Insurers Association of America (PIAA) established a registry of closed MPL claims in 1985. This registry contains data describing 239,756 closed claims in the United States through 2008. The registry is maintained for educational programs that are designed to improve quality of care and reduce patient injury MPL claims. We summarized this closed claims database. Of 239,756 closed claims, 27,556 (11.5%) involved family physicians. Of these 27,556 closed claims, 8797 (31.9%) resulted in a payment, and the average payment was $164,107. In the entire registry, 29.5% of closed claims were paid, and the average payment was $209,156. The most common allegation among family medicine closed claims was diagnostic error, and the most prevalent diagnosis was acute myocardial infarction, which represented 24.1% of closed claims with diagnostic errors. Diagnostic errors related to patients with breast cancer represented the next most common condition, accounting for 21.3% of closed claims with diagnostic errors. MPL issues are common and are important to all practicing family physicians. Knowledge of the details of liability claims should assist practicing family physicians in improving quality of care, reducing patient injury, and reducing the incidence of MPL claims.

Age, occupational demands and the risk of serious work injury.

PubMed

Smith, P M; Berecki-Gisolf, J

2014-12-01

Interest in the relationship between age and serious work injury is increasing, given the ageing of the workforce in many industrialized economies. To examine if the relationship between age and risk of serious musculoskeletal injury differs when the physical demands of work are higher from those when they are lower. A secondary analysis of workers' compensation claims in the State of Victoria, Australia, combined with estimates of the insured labour force. We focused on musculoskeletal claims, which required 10 days of absence or health care expenditures beyond a pecuniary threshold. Regression models examined the relationship between age and claim-risk across workers with different occupational demands, as well as the relationship between occupational demands and musculoskeletal claim-risk across different age groups. Older age and greater physical demands at work were associated with an increased risk of musculoskeletal claims. In models stratified by occupational demands, we observed the relationship between age and claim-risk was steeper when occupational demands were higher. We also observed that the relationship between occupational demands and risk of work injury claim peaked among workers aged 25-44, attenuating among those aged 45 and older. This study's results suggest that although older workers and occupations with higher demands should be the targets of primary preventive efforts related to serious musculoskeletal injuries, there may also be gains in targeting middle-aged workers in the most physically demanding occupations. © The Author 2014. Published by Oxford University Press on behalf of the Society of Occupational Medicine. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

Are procedures codes in claims data a reliable indicator of intraoperative splenic injury compared with clinical registry data?

PubMed

Stey, Anne M; Ko, Clifford Y; Hall, Bruce Lee; Louie, Rachel; Lawson, Elise H; Gibbons, Melinda M; Zingmond, David S; Russell, Marcia M

2014-08-01

Identifying iatrogenic injuries using existing data sources is important for improved transparency in the occurrence of intraoperative events. There is evidence that procedure codes are reliably recorded in claims data. The objective of this study was to assess whether concurrent splenic procedure codes in patients undergoing colectomy procedures are reliably coded in claims data as compared with clinical registry data. Patients who underwent colectomy procedures in the absence of neoplastic diagnosis codes were identified from American College of Surgeons (ACS) NSQIP data linked with Medicare inpatient claims data file (2005 to 2008). A κ statistic was used to assess coding concordance between ACS NSQIP and Medicare inpatient claims, with ACS NSQIP serving as the reference standard. A total of 11,367 colectomy patients were identified from 212 hospitals. There were 114 patients (1%) who had a concurrent splenic procedure code recorded in either ACS NSQIP or Medicare inpatient claims. There were 7 patients who had a splenic injury diagnosis code recorded in either data source. Agreement of splenic procedure codes between the data sources was substantial (κ statistic 0.72; 95% CI, 0.64-0.79). Medicare inpatient claims identified 81% of the splenic procedure codes recorded in ACS NSQIP, and 99% of the patients without a splenic procedure code. It is feasible to use Medicare claims data to identify splenic injuries occurring during colectomy procedures, as claims data have moderate sensitivity and excellent specificity for capturing concurrent splenic procedure codes compared with ACS NSQIP. Copyright © 2014 American College of Surgeons. Published by Elsevier Inc. All rights reserved.

Examining job tenure and lost-time claim rates in Ontario, Canada, over a 10-year period, 1999-2008.

PubMed

Morassaei, Sara; Breslin, F Curtis; Shen, Min; Smith, Peter M

2013-03-01

We sought to examine the association between job tenure and lost-time claim rates over a 10-year period in Ontario, Canada. Data were obtained from workers' compensation records and labour force survey data from 1999 to 2008. Claim rates were calculated for gender, age, industry, occupation, year and job tenure group. A multivariate analysis and examination of effect modification were performed. Differences in injury event and source of injury were also examined by job tenure. Lost-time claim rates were significantly higher for workers with shorter job tenure, regardless of other factors. Claim rates for new workers differed by gender, age and industry, but remained relatively constant at an elevated rate over the observed time period. This study is the first to examine lost-time claim rates by job tenure over a time period during which overall claim rates generally declined. Claim rates did not show a convergence by job tenure. Findings highlight that new workers are still at elevated risk, and suggest the need for improved training, reducing exposures among new workers, promoting permanent employment, and monitoring work injury trends and risk factors.

Risk factors for injury among construction workers at Denver International Airport.

PubMed

Lowery, J T; Borgerding, J A; Zhen, B; Glazner, J E; Bondy, J; Kreiss, K

1998-08-01

The Denver International Airport construction project provided a rare opportunity to identify risk factors for injury on a large construction project for which 769 contractors were hired to complete 2,843 construction contracts. Workers' compensation claims and payroll data for individual contracts were recorded in an administrative database developed by the project's Owner-Controlled Insurance Program. From claims andy payroll data linked with employee demographic information, we calculated injury rates per 200,000 person-hours by contract and over contract characteristics of interest. We used Poisson regression models to examine contract-specific risk factors in relation to total injuries, lost-work-time (LWT), and non-LWT injuries. We included contract-specific expected loss rates (ELRs) in the model to control for prevailing risk of work and used logistic regression methods to determine the association between LWT and non-LWT injuries on contracts. Injury rates were highest during the first year of construction, at the beginning of contracts, and among older workers. Risk for total and non-LWT injuries was elevated for building construction contracts, contract for special trades companies (SIC 17), contracts with payrolls over $1 million, and those with overtime payrolls greater than 20%. Risk for LWT injuries only was increased for site development contracts and contract starting in the first year of construction. Contracts experiencing one or more minor injuries were four times as likely to have at least one major injury (OR = 4.0, 95% CI (2.9, 5.5)). Enhancement of DIA's safety infrastructure during the second year of construction appears to have been effective in reducing serious (LWT) injures. The absence of correlation between injury rates among contracts belonging to the same company suggest that targeting of safety resources at the level of the contract may be an effective approach to injury prevention. Interventions focused on high-risk contracts, including those with considerable overtime work, contracts held by special trades contractors (SIC 17), and contracts belonging to small and mid-sized companies, and on high-risk workers, such as those new to a construction site or new to a contract may reduce injury burden on large construction sites. The join occurrence of minor and major injuries on a contract level suggests that surveillance of minor injuries may be useful in identifying opportunities for prevention of major injures.

Psychiatric diagnoses after hospitalization with work-related burn injuries in Washington State.

PubMed

Anderson, Naomi J; Bonauto, David K; Adams, Darrin

2011-01-01

This study aims to describe workers who were hospitalized with work-related burn injuries and their psychiatric sequelae in Washington State. Psychiatric sequelae of interest were depression, posttraumatic stress disorder, and other anxiety disorders. Workers' compensation claims meeting a definition for a hospitalized burn patient from Washington State from January 2001 through April 2008 were analyzed. The resulting claims were searched for the presence of certain psychiatric diagnoses or treatment codes, and descriptive analyses performed. In Washington State during the time period, the prevalence of claims with psychiatric diagnoses after hospitalization with burn injury was 19%. Claims with psychiatric diagnoses had higher medical costs and more days of time loss than those without these diagnoses. Workers with electrical burns in the construction industry and in construction and extraction occupations had a higher proportion of psychiatric sequelae. Burns are devastating yet preventable injuries. Workers who were hospitalized with work-related burn injuries, particularly those in certain industries and occupations and those with electrical burns, are at high risk for developing serious psychiatric sequelae with major costs to both the individual and the society.

Epidemiology of musculoskeletal injury in the California film and motion picture industry.

PubMed

Kusnezov, Nicholas A; Yazdanshenas, Hamed; Garcia, Eddie; Shamie, Arya N

2016-06-01

Musculoskeletal injury exerts a significant burden on US industry. The purpose of this study was to investigate the frequency and characteristics of musculoskeletal injuries in the California (CA) film and motion picture (FMP) industry which may result in unforeseen morbidity and mortality. We reviewed the workers' compensation (WC) claims database of the Workers' Compensation Insurance Rating Bureau of California (WCIRB) and employment statistics through the US Bureau of Labor Statistics (BLS). We analyzed the frequency, type, body part affected, and cause of musculoskeletal injuries. From 2003 to 2009, there were 3505 WC claims of which 94.4% were musculoskeletal. In the CA FMP industry, the most common injuries were strains (38.4%), sprains (12.2%), and fractures (11.7%). The most common sites of isolated injury were the knee (18.9%), lower back (15.0%), and ankle (8.6%). Isolated musculoskeletal spine injuries represented 19.3% of all injuries. The most common causes of injury were work-directed activity (36.0%) and falls (25.5%). We present the first report on the unique profile of musculoskeletal injury claims in the FMP industry. This data provides direction for improvement of workplace safety.

How many work-related injuries requiring hospitalization in British Columbia are claimed for workers' compensation?

PubMed

Alamgir, Hasanat; Koehoorn, Mieke; Ostry, Aleck; Tompa, Emile; Demers, Paul A

2006-06-01

Workplace compensation claims datasets represent an important source of information on work-related injuries. This study investigated the concordance between hospital discharge records and workers' compensation records for work-related serious injuries among a cohort of sawmill workers in British Columbia (BC), Canada. It also examined the extent to which workers' compensation capturing patterns varied by cause, severity of injuries, and demographic characteristics of workers. Work-related injuries were identified in hospitalization records between April 1989 and December 1998, and were matched by dates and description of injury to compensation records. The agreement between the hospital records and compensation records was good (kappa = 0.84, P < 0.01). A lower claim reporting rate for work-related hospitalization was observed for older and non-white workers. More serious injuries defined by longer length of stay and emergency admissions were more likely to be reported. Falls, struck against, and overexertion injuries had lower reporting rates; whereas, machinery-related, cutting/piercing, and caught in/between injuries had higher reporting rates. When compared with hospital discharge records, the compensation agency underreported incidents of serious work-related injuries by 10-15% among the sawmill workers.

Epidemiology of musculoskeletal injury in the California film and motion picture industry

PubMed Central

Kusnezov, Nicholas A.; Yazdanshenas, Hamed; Garcia, Eddie

2016-01-01

Introduction Musculoskeletal injury exerts a significant burden on US industry. The purpose of this study was to investigate the frequency and characteristics of musculoskeletal injuries in the California (CA) film and motion picture (FMP) industry which may result in unforeseen morbidity and mortality. Methods We reviewed the workers’ compensation (WC) claims database of the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) and employment statistics through the US Bureau of Labor Statistics (BLS). We analyzed the frequency, type, body part affected, and cause of musculoskeletal injuries. Results From 2003 to 2009, there were 3505 WC claims of which 94.4% were musculoskeletal. In the CA FMP industry, the most common injuries were strains (38.4%), sprains (12.2%), and fractures (11.7%). The most common sites of isolated injury were the knee (18.9%), lower back (15.0%), and ankle (8.6%). Isolated musculoskeletal spine injuries represented 19.3% of all injuries. The most common causes of injury were work-directed activity (36.0%) and falls (25.5%). Conclusion We present the first report on the unique profile of musculoskeletal injury claims in the FMP industry. This data provides direction for improvement of workplace safety. PMID:26812757

Do falls and falls-injuries in hospital indicate negligent care -- and how big is the risk? A retrospective analysis of the NHS Litigation Authority Database of clinical negligence claims, resulting from falls in hospitals in England 1995 to 2006.

PubMed

Oliver, D; Killick, S; Even, T; Willmott, M

2008-12-01

Accidental falls are very common in older hospital patients -- accounting for 32% of reported adult patient safety incidents in UK National Health Service (NHS) hospitals and occurring with similar frequency in settings internationally. In countries where the population is ageing, and care is provided in inpatient settings, falls prevention is therefore a significant and growing risk-management issue. Falls may lead to a variety of harms and costs, are cited in formal complaints and can lead to claims of clinical negligence. The NHS Litigation Authority (NHSLA) negligence claims database provides a novel opportunity to systematically analyse such (falls-related) claims made against NHS organisations in England and to learn lessons for risk-management systems and claims recording. To describe the circumstances and injuries most frequently cited in falls-related claims; to investigate any association between the financial impact (total cost), and the circumstances of or injuries resulting from falls in "closed" claims; to draw lessons for falls risk management and for future data capture on falls incidents and resulting claims analysis; to identify priorities for future research. A keyword search was run on the NHSLA claims database for April 1995 to February 2006, to identify all claims apparently relating to falls. Claims were excluded from further analysis if, on scrutiny, they had not resulted from falls, or if they were still "open" (ie, unresolved). From the narrative descriptions of closed claims (ie, those for which the financial outcome was known), we developed categories of "principal" and "secondary" injury/harm and "principal" and "contributory" circumstance of falls. For each category, it was determined whether cases had resulted in payment and what total payments (damages and costs) were awarded. The proportions of contribution-specific injuries or circumstances to the number of cases and to the overall costs incurred were compared in order to identify circumstances that tend to be more costly. Means were compared and tested through analysis of variance (ANOVA). The association between categorical variables was tested using the chi-square test. Of 668 claims identified by word search, 646 met inclusion criteria. The results presented are for the 479 of these that were "closed" at the time of the census. Of these, 290 (60.5%) had resulted in payment of costs or damages, with the overall total payment being 6,200,737 pound (mean payment 12,945 pound). All claims were settled out of court, so no legal rulings on establishing liability or causation of injury are available. "Falls whilst walking;" "from beds or trolleys" ("with and without bedrails applied") or "transferring/from a chair" were the most frequent source of these claims (n = 308, 64.2%). Clear secondary contributory circumstances were identified in 190 (39.7%) of closed claims. The most common circumstances cited were "perioperative/procedural incidents" (60, 12.5%) and "requests for bedrails being ignored" (54, 11.3%). For primary injuries, "hip/femoral/pelvic fracture" accounted for 203 (42.4%) of closed claims with total payments of 3,228,781 pound (52.1% of all payments), with a mean payment 15,905 pound per closed case. A "secondary" contributory circumstance could be attributed in 133 (27.8%) of cases. Of these, "delay in diagnosis of injury," "recurrent falls during admission" and "fatalities relating to falls" were the commonest circumstances (n = 59, 12.2%). Although falls are the highest volume patient safety incident reported in hospital trusts in England, they result in a relatively small number of negligence claims and receive a relatively low total payment (0.019% in both cases). The mean payment in closed claims is also relatively small. This may reflect the high average age of the people who fall and difficulty in establishing causation, especially where individuals are already frail when they fall. The patterns of claims and the narrative descriptions provide wider lessons for improving risk-management strategies. However, the inherent limitations and biases in the data routinely recorded for legal purposes suggest that for more informative research or actuarial claims analysis, more comprehensive and systematic data to be recorded for each incident claim are needed.

Twenty years of work-related injury and illness among union carpenters in Washington State.

PubMed

McCoy, Amanda J; Kucera, Kristen L; Schoenfisch, Ashley L; Silverstein, Barbara A; Lipscomb, Hester J

2013-04-01

Individuals who work in the construction industry are at high risk of occupational injury. Robust surveillance systems are needed to monitor the experiences of these workers over time. We updated important surveillance data for a unique occupational cohort of union construction workers to provide information on long-term trends in their reported work-related injuries and conditions. Combining administrative data sources, we identified a dynamic cohort of union carpenters who worked in Washington State from 1989 through 2008, their hours worked by month, and their workers' compensation claims. Incidence rates of reported work-related injuries and illnesses were examined. Poisson regression was used to assess risk by categories of age, gender, time in the union, and calendar time contrasting medical only and paid lost time claims. Over the 20-year study period, 24,830 carpenters worked 192.4 million work hours. Work-related injuries resulting in medical care or paid lost time (PLT) from work occurred at a rate of 24.3 per 200,000 hr worked (95% CI: 23.5-25.0). Medical only claims declined 62% and PLT claims declined 77%; more substantive declines were seen for injuries resulting from being struck and falls to a lower level than from overexertion with lifting. Differences in risk based on union tenure and age diminished over time as well. Significant declines in rates of reported work-related injuries and illnesses were observed over the 20-year period among these union carpenters. Greater declines were observed among workers with less union tenure and for claims resulting in PLT. Copyright © 2012 Wiley Periodicals, Inc.

32 CFR 842.5 - Claims forms.

Code of Federal Regulations, 2010 CFR

2010-07-01

... certain is sufficient to file a claim. The claimant should use these forms when filing a claim: (a) Claim... of or Damage to Personal Property Incident to Service, or DD Forms 1842, Claim for Personal Property Against the United States, and 1844, Schedule of Property and Claim Analysis Chart, to file the claim. (b...

32 CFR 842.5 - Claims forms.

Code of Federal Regulations, 2011 CFR

2011-07-01

... certain is sufficient to file a claim. The claimant should use these forms when filing a claim: (a) Claim... of or Damage to Personal Property Incident to Service, or DD Forms 1842, Claim for Personal Property Against the United States, and 1844, Schedule of Property and Claim Analysis Chart, to file the claim. (b...

Understanding forensic psychiatry in healthcare practices and collaboration between legal nurse consultants and physicians.

PubMed

Sharpe, Daphne K; Hall, Jasmine K; Ochije, Sochima; Bailey, Rahn K

2018-03-01

In 2000, the Institute of Medicine stunned many professionals with their published report that noted the vast number of deaths that occur each year in hospitals across the United States which reach as many as 98,000. Therefore, it comes as no surprise that the healthcare arena faces litigious issues regularly, with some specialties budgets being significantly impacted by the cost of maintaining liability insurance. Legal Nurse Consultants and forensic physicians working in tandem but who work independently from treating clinicians can carry out forensic independent medical examinations (IME). This can help to assess the validity of malpractice claims, including issues of causation and degree of injuries claimed due to the incident(s) and recommend treatment strategies where appropriate. Reviews can cover a wide range of issues such as a person's past or current testamentary capacity, a prisoner or an accused person's mental health and/or mental impairment where necessary sending them for more assessment or treatment outside prison. This article argues that independent medical reviews are a useful tool that can assist the civil and criminal courts processes.

Evaluation of a comprehensive slip, trip and fall prevention programme for hospital employees.

PubMed

Bell, Jennifer L; Collins, James W; Wolf, Laurie; Gronqvist, Raoul; Chiou, Sharon; Chang, Wen-Ruey; Sorock, Gary S; Courtney, Theodore K; Lombardi, David A; Evanoff, Bradley

2008-12-01

In 2007, the Bureau of Labor Statistics reported that the incidence rate of lost workday injuries from slips, trips and falls (STFs) on the same level in hospitals was 35.2 per 10,000 full-time equivalents (FTE), which was 75% greater than the average rate for all other private industries combined (20.2 per 10,000 FTEs). The objectives of this 10-year (1996-2005) longitudinal study were to: 1) describe occupational STF injury events in hospitals; 2) evaluate the effectiveness of a comprehensive programme for reducing STF incidents among hospital employees. The comprehensive prevention programme included analysis of injury records to identify common causes of STFs, on-site hazard assessments, changes to housekeeping procedures and products, introduction of STF preventive products and procedures, general awareness campaigns, programmes for external ice and snow removal, flooring changes and slip-resistant footwear for certain employee subgroups. The hospitals' total STF workers' compensation claims rate declined by 58% from the pre-intervention (1996-1999) rate of 1.66 claims per 100 FTE to the post-intervention (2003-2005) time period rate of 0.76 claims per 100 FTE (adjusted rate ratio = 0.42, 95% CI: 0.33-0.54). STFs due to liquid contamination (water, fluid, slippery, greasy and slick spots) were the most common cause (24%) of STF claims for the entire study period 1996-2005. Food services, transport/emergency medical service and housekeeping staff were at highest risk of a STF claim in the hospital environment. Nursing and office administrative staff generated the largest numbers of STF claims. STF injury events in hospitals have a myriad of causes and the work conditions in hospitals are diverse. This research provides evidence that implementation of a broad-scale prevention programme can significantly reduce STF injury claims.

An evaluation of mouthguard requirements and dental injuries in New Zealand rugby union

PubMed Central

Quarrie, K; Gianotti, S; Chalmers, D; Hopkins, W

2005-01-01

Objectives: To document the effects of compulsory mouthguard wearing on rugby related dental injury claims made to ACC, the administrator of New Zealand's accident compensation scheme. Methods: An ecological study was conducted. Estimates of mouthguard wearing rates were available from prospective studies conducted in 1993, 2002, and 2003. Rugby related dental injury claims were available for the period 1995–2003. Player numbers were available from 1998. Mouthguard wearing was made compulsory during match play for rugby players at under 19 level and below at the beginning of the 1997 season, and for all grades of domestic rugby at the beginning of the 1998 season. Greater powers of enforcement were provided to referees at the beginning of the 2003 season. Results: The self reported rate of mouthguard use was 67% of player-weeks in 1993 and 93% in 2003. A total of 2644 claims was reported in 1995. There was a 43% (90% confidence interval 39% to 46%) reduction in dental claims from 1995 to 2003. On the reasonable assumption that the number of players and player-matches remained constant throughout the study period, the relative rate of injury claims for non-wearers versus wearers was 4.6 (90% confidence interval 3.8 to 5.6). The cumulative savings in claim costs compared with the cost per year if claim numbers had remained constant from 1995 is $1.87 million NZD. Conclusion: Although ecological studies have acknowledged weaknesses, the findings provide evidence that mouthguard use is a simple and effective injury prevention strategy for rugby players. The use of mouthguards for all players in both matches and contact practice situations is strongly recommended. PMID:16118304

20 CFR 71.7 - Claim filing, processing, adjudication and time limits.

Code of Federal Regulations, 2010 CFR

2010-04-01

... OF LABOR COMPENSATION FOR INJURY, DISABILITY OR DEATH OF CIVILIAN AMERICAN CITIZENS INCURRED WHILE..., processing, adjudication and time limits. (a) Claims for injury, disability or death benefits payable under... provisions of statute, shall not begin to run earlier than July 3, 1948. ...

Work-Related Pain and Injury and Barriers to Workers’ Compensation Among Las Vegas Hotel Room Cleaners

PubMed Central

Scherzer, Teresa; Rugulies, Reiner; Krause, Niklas

2005-01-01

Objectives. We examined the prevalence of work-related pain and injury and explored barriers to and experiences of reporting among workers. Methods. We surveyed 941 unionized hotel room cleaners about work-related pain, injury, disability, and reporting. Results. During the past 12 months, 75% of workers in our study experienced work-related pain, and 31% reported it to management; 20% filed claims for workers’ compensation as a result of work-related injury, and 35% of their claims were denied. Barriers to reporting injury included “It would be too much trouble” (43%), “I was afraid” (26%), and “I didn’t know how” (18%). An estimated 69% of medical costs were shifted from employers to workers. Conclusions. The reasons for underreporting and the extent of claim denial warrant further investigation. Implications for worker health and the precise quantification of shifting costs to workers also should be addressed. PMID:15727981

22 CFR 304.3 - Administrative claim; who may file.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Administrative claim; who may file. 304.3 Section 304.3 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.3 Administrative claim; who may file. (a) A claim for injury to or loss of property may be...

22 CFR 304.3 - Administrative claim; who may file.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Administrative claim; who may file. 304.3 Section 304.3 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.3 Administrative claim; who may file. (a) A claim for injury to or loss of property may be...

Malpractice litigation and nursing home quality of care.

PubMed

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-12-01

To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. © Health Research and Educational Trust.

STUDIES IN WORKMEN'S COMPENSATION AND RADIATION INJURY. VOLUME II, THE INCIDENCE, NATURE AND ADJUDICATION OF WORKMEN'S COMPENSATION CLAIMS INVOLVING RADIATION EXPOSURE AND DELAYED INJURY.

ERIC Educational Resources Information Center

O'TOOLE, THOMAS J.

THE PURPOSE OF THE STUDY WAS TO PROVIDE A FACTUAL BACKGROUND AGAINST WHICH JUDGMENTS CAN BE MADE CONCERNING THE MAGNITUDE OF THE PROBLEM OF INJURY APPEARING SOME TIME AFTER THE EXPOSURE TO IONIZING RADIATION AND DETERMINE WHETHER EXISTING LAWS PERMIT A JUST AND EQUITABLE ADJUDICATION OF RADIATION COMPENSATION CLAIMS. THE STUDY WAS BASED UPON THE…

Ambulatory care and the law: lien claims where none exist as of right.

PubMed

Balko, G A

1995-01-01

The health care provider, whether an individual or an institution, needs to pay attention to appropriate mechanisms to ensure payment for services or repayment for benefits provided. While statutes provide some protection for large institutions, including health care providers, individual health care providers often are left to their own devices. The employment of a well drafted voluntary lien agreement can not only secure a right of recover against a patient, but where the patient pursues a personal injury claim through an attorney, can also give the health care provider recourse to patient's attorney. Knowing how to assert these liens, what funds are reachable by these lien, and what time factors must be adhered to in order to make the liens effective, are vital to a health care provider's financial well-being.

Association between high temperature and work-related injuries in Adelaide, South Australia, 2001-2010.

PubMed

Xiang, Jianjun; Bi, Peng; Pisaniello, Dino; Hansen, Alana; Sullivan, Thomas

2014-04-01

(1) To investigate the association between temperature and work-related injuries and (2) to identify groups of workers at high risk of work-related injuries in hot environments in Adelaide, South Australia. Workers' compensation claims in Adelaide, South Australia for 2001-2010 were used. The relationship between temperature and daily injury claims was estimated using a generalised estimating equation model. A piecewise linear spline function was used to quantify the effect of temperature on injury claims below and above thresholds. Overall, a 1°C increase in maximum temperature between 14.2°C and 37.7°C was associated with a 0.2% increase in daily injury claims. Specifically, the incidence rate ratios (IRRs) for male workers and young workers aged ≤24 were (1.004, 95% CI 1.002 to 1.006) and (1.005, 95% CI 1.002 to 1.008), respectively. Significant associations were also found for labourers (IRR 1.005, 95% CI 1.001 to 1.010), intermediate production and transport workers (IRR 1.003, 95% CI 1.001 to 1.005) and tradespersons (IRR 1.002, 95% CI 1.001 to 1.005). Industries at risk were agriculture, forestry and fishing (IRR 1.007, 95% CI 1.001 to 1.013), construction (IRR 1.006, 95% CI 1.002 to 1.011), and electricity, gas and water (IRR 1.029, 95% CI 1.002 to 1.058). There is a significant association between injury claims and temperature in Adelaide, South Australia, for certain industries and groups. Relevant adaptation and prevention measures are required at both policy and practice levels to address occupational exposure to high temperatures.

Costs and Work Loss Burden of Diagnosed Opioid Abuse Among Employees on Workers Compensation or Short-term Disability.

PubMed

Johnston, Stephen S; Alexander, Andrea H; Masters, Elizabeth T; Mardekian, Jack; Semel, David; Malangone-Monaco, Elisabetta; Riehle, Ellen; Wilson, Kathleen; Sadosky, Alesia

2016-11-01

To compare 12-month healthcare costs between employees with versus without diagnosed opioid abuse within 12 months after an injury-related workers' compensation (WC) or short-term disability (STD) claim. Retrospective study using 2003 to 2014 US insurance claims linked to administrative data on WC/STD claims. Multivariable models compared healthcare costs between employees with versus without diagnosed opioid abuse. Study included 107,975 opioid-treated employees with an injury-related WC or STD claim. Mean number of opioid prescription fills and adjusted total healthcare costs were substantially greater in employees with diagnosed opioid abuse versus without (WC: 13.4 vs. 4.5, P < 0.001; $18,073 vs. $8470, P < 0.001; STD: 13.7 vs. 4.5, P < 0.001; $25,693 vs. $14,939, P < 0.001). Opioids are commonly prescribed to employees with injury-related WC/STD claims. Employers may benefit from proactively addressing the issue of opioid abuse in these populations.

Interim evaluation of the effect of a new scrum law on neck and back injuries in rugby union.

PubMed

Gianotti, S; Hume, P A; Hopkins, W G; Harawira, J; Truman, R

2008-06-01

In January 2007 the International Rugby Board implemented a new law for scrum engagement aimed at improving player welfare by reducing impact force and scrum collapses. In New Zealand the new law was included in RugbySmart, an annual compulsory workshop for coaches and referees. To determine the effect of the new law on scrum-related moderate to serious neck and back injury claims in 2007. Claims filed with the Accident Compensation Corporation (the provider of no-fault injury compensation and rehabilitation in New Zealand) were combined with numbers of registered players to estimate moderate to serious scrum-related claims for players who take part in scrums (forwards). Poisson linear regression was used to compare the observed claims per 100 000 forwards for 2007 with the rate predicted from data for 2002-6. The observed and predicted claims per 100 000 forwards were 52 and 76, respectively (rate ratio 0.69; 90% CI 0.42 to 1.12). The likelihoods of substantial benefit (rate ratio <0.90) and harm (rate ratio >1.1) attributable to the scrum law were 82% and 5%, respectively. The decline in scrum-related injury claims is consistent with a beneficial effect of the new scrum law in the first year of its implementation. Another year of monitoring should provide more evidence for the efficacy of the new law.

Analysis of 23 364 patient-generated, physician-reviewed malpractice claims from a non-tort, blame-free, national patient insurance system: lessons learned from Sweden.

PubMed

Pukk-Härenstam, K; Ask, J; Brommels, M; Thor, J; Penaloza, R V; Gaffney, F A

2009-02-01

In Sweden, patient malpractice claims are handled administratively and compensated if an independent physician review confirms patient injury resulting from medical error. Full access to all malpractice claims and hospital discharge data for the country provided a unique opportunity to assess the validity of patient claims as indicators of medical error and patient injury. To determine: (1) the percentage of patient malpractice claims validated by independent physician review, (2) actual malpractice claims rates (claims frequency / clinical volume) and (3) differences between Swedish and other national malpractice claims rates. DESIGN, SETTING AND MATERIAL: Swedish national malpractice claims and hospital discharge data were combined, and malpractice claims rates were determined by county, hospital, hospital department, surgical procedure, patient age and sex and compared with published studies on medical error and malpractice. From 1997 to 2004, there were 23 364 inpatient malpractice claims filed by Swedish patients treated at hospitals reporting 11 514 798 discharges. The overall claims rate, 0.20%, was stable over the period of study and was similar to that found in other tort and administrative compensation systems. Over this 8-year period, 49.5% (range 47.0-52.6%) of filed claims were judged valid and eligible for compensation. Claims rates varied significantly across hospitals; surgical specialties accounted for 46% of discharges, but 88% of claims. There were also large differences in claims rates for procedures. Patient-generated malpractice claims, as collected in the Swedish malpractice insurance system and adjusted for clinical volumes, have a high validity, as assessed by standardised physician review, and provide unique new information on malpractice risks, preventable medical errors and patient injuries. Systematic collection and analysis of patient-generated quality of care complaints should be encouraged, regardless of the malpractice compensation system in use.

Lessons regarding the safety of orthopaedic patient care: an analysis of four hundred and sixty-four closed malpractice claims.

PubMed

Matsen, Frederick A; Stephens, Linda; Jette, Jocelyn L; Warme, Winston J; Posner, Karen L

2013-02-20

An orthopaedic malpractice claim alleges that the patient sustained a preventable iatrogenic injury. The analysis of a representative series of malpractice claims provides a unique view of alleged orthopaedic adverse events, revealing what can potentially go wrong across a spectrum of practice settings and anatomic locations. The goal of this study was to identify high-impact targets in order to institute measures to reduce claims through efforts focused on patient safety. The authors investigated 464 consecutive closed malpractice claims from the nation's largest insurer of medical liability. We analyzed the claims by anatomical site, type of care rendered, type of allegation, and payment. We calculated an "impact factor" for each claim type by dividing the percentage of total payments for each type by the percentage of total claims for that type. Our analysis revealed major concerns regarding patient safety within this series of malpractice claims. One-third of the claims alleged permanent disabling injuries, including amputations, brain damage, and major nerve damage. The highest impact allegations were failure to protect structures in the surgical field (41% of total payments to plaintiffs, 15% of all claims, impact factor of 2.7) and failure to prevent, diagnose, and/or treat complications of treatment (16% of total payments, 7% of all claims, impact factor of 2.3). Spine procedures had high impact (1.9), representing 28% of dollars paid and 15% of claims, with 45% of spine claims involving death or severe permanent injury. Failure of implant positioning was commonly alleged in hip and knee arthroplasty. In claims related to fracture care, the most common allegations were related to malunions, nonunions, dislocations, failure to protect structures in the surgical field, infection, and treatment complications. Total payment for the eighty-eight claims paid was $17,917,614 (U.S. dollars adjusted to 2009). Regarding clinical relevance, this analysis suggests risk areas for targeted efforts to improve patient safety and reduce malpractice claims.

Evaluation of the crash mitigation effect of low-speed automated emergency braking systems based on insurance claims data.

PubMed

Isaksson-Hellman, Irene; Lindman, Magdalena

2016-09-01

The aim of the present study was to evaluate the crash mitigation performance of low-speed automated emergency braking collision avoidance technologies by examining crash rates, car damage, and personal injuries. Insurance claims data were used to identify rear-end frontal collisions, the specific situations where the low-speed automated emergency braking system intervenes. We compared cars of the same model (Volvo V70) with and without the low-speed automated emergency braking system (AEB and no AEB, respectively). Distributions of spare parts required for car repair were analyzed to identify car damage, and crash severity was estimated by comparing the results with laboratory crash tests. Repair costs and occupant injuries were investigated for both the striking and the struck vehicle. Rear-end frontal collisions were reduced by 27% for cars with low-speed AEB compared to cars without the system. Those of low severity were reduced by 37%, though more severe crashes were not reduced. Accordingly, the number of injured occupants in vehicles struck by low-speed AEB cars was reduced in low-severity crashes. In offset crash configurations, the system was found to be less effective. This study adds important information about the safety performance of collision avoidance technologies, beyond the number of crashes avoided. By combining insurance claims data and information from spare parts used, the study demonstrates a mitigating effect of low-speed AEB in real-world traffic.

Cause, type, and workers' compensation costs of injury to fire fighters.

PubMed

Walton, Surrey M; Conrad, Karen M; Furner, Sylvia E; Samo, Daniel G

2003-04-01

Work-related injury rates in the fire service industry exceed those for most other industries, however little is known about the cost of injury to firefighters. This is a preliminary investigation of detailed worker's compensation records of firefighter injuries, 1,343 claims in all, collected from 1992-1999. Summary statistics and regression analysis regarding the cause, nature, and cost of injury to firefighters are presented. Overexertion accounted for a significant portion (over 1/3) of injuries to firefighters, typically involved injuries to the back, and was associated with significantly higher costs than other types of injuries. The per-claim average worker's compensation cost of injury to firefighters was $5,168 and the average for injuries caused by overexertion was $9,715. Overexertion is a costly source of injury to firefighters that can likely be reduced through policy intervention. Copyright 2003 Wiley-Liss, Inc.

Cumulative Injury

PubMed Central

LaDou, Joseph

1978-01-01

A few states, notably California, are experiencing large increases in the number and cost of disability settlements under workers' compensation. Claims of cumulative injury for coronary heart disease, hypertension, stroke, cancer and neuropsychiatric problems have all been interpreted as compensable under workers' compensation, even when these conditions are clearly related to the aging process. Legal precedents for such claims are building rapidly throughout the country. The resultant costs may lead to the demise of the workers' compensation system. The situation in California is discussed in detail including the legal aspects, cumulative injury claims by type of disease and age of claimants, legal costs to the individual and the employer, and the economic outlook for the workers' compensation insurance system. PMID:151986

Early Predictors of Occupational Back Re-Injury: Results from a Prospective Study of Workers in Washington State

PubMed Central

Keeney, Benjamin J.; Turner, Judith A.; Fulton-Kehoe, Deborah; Wickizer, Thomas M.; Chan, Kwun Chuen Gary; Franklin, Gary M.

2014-01-01

Study Design Prospective population-based cohort study Objective To identify early predictors of self-reported occupational back re-injury within 1 year after work-related back injury Summary of Background Data Back injuries are the costliest and most prevalent disabling occupational injuries in the United States. A substantial proportion of workers with back injuries have re-injuries after returning to work, yet there are few studies of risk factors for occupational back re-injuries. Methods We aimed to identify the incidence and early (in the claim) predictors of self-reported back re-injury by approximately 1 year after the index injury among Washington State workers with new work disability claims for back injuries. The Washington Workers’ Compensation Disability Risk Identification Study Cohort (D-RISC) provided a large, population-based sample with information on variables in seven domains: sociodemographic, employment-related, pain and function, clinical status, health care, health behavior, and psychological. We conducted telephone interviews with workers 3 weeks and 1 year after submission of a time-loss claim for the injury. We first identified predictors (p-values < 0.10) of self-reported re-injury within 1 year in bivariate analyses. Those variables were then included in a multivariate logistic regression model predicting occupational back re-injury. Results 290 (25.8%) of 1,123 (70.0% response rate) workers who completed the one-year follow-up interview and had returned to work reported having re-injured their back at work. Baseline variables significantly associated with re-injury (p-value < 0.05) in the multivariate model included male gender, constant whole body vibration at work, a history of previous similar injury, 4 or more previous claims of any type, possessing health insurance, and high fear-avoidance scores. Baseline obesity was associated with reduced odds of re-injury. No other employment-related or psychological variables were significant. Conclusion One-fourth of workers who received work disability compensation for a back injury self-reported re-injury after returning to work. Baseline variables in multiple domains predicted occupational back re-injury. Increased knowledge of early risk factors for re-injury may help lead to interventions, such as efforts to reduce fear-avoidance and graded activity to promote recovery, effective in lowering the risk of re-injury. PMID:22772568

Do claim factors predict health care utilization after transport accidents?

PubMed

Elbers, Nieke A; Cuijpers, Pim; Akkermans, Arno J; Collie, Alex; Ruseckaite, Rasa; Bruinvels, David J

2013-04-01

Injured people who are involved in compensation processes have less recovery and less well-being compared to those not involved in claims settlement procedures. This study investigated whether claim factors, such as no-fault versus common law claims, the number of independent medical assessments, and legal disputes, predict health care utilization after transport accidents. The sample consisted of 68,911 claimants who lodged a compensation claim at the Transport Accident Commission (TAC) in Victoria, Australia, between 2000 and 2005. The main outcome measure was health care utilization, which was defined as the number of visits to health care providers (e.g. general practitioners, physiotherapists, psychologists) during the 5 year period post-accident. After correction for gender, age, role in accident, injury type, and severity of injury, it was found that independent medical assessments were associated with greater health care utilization (β=.36, p<.001). Involvement in common law claims and legal disputes were both significantly related to health care utilization (respectively β=.05, p<.001 and β=-.02, p<.001), however, the standardized betas were negligible, therefore the effect is not clinically relevant. A model including claim factors predicted the number of health care visits significantly better (ΔR(2)=.08, p<.001) than a model including only gender, age, role in accident, injury type, and severity of injury. The positive association between the number of independent medical assessments and health care utilization after transport accidents may imply that numerous medical assessments have a negative effect on claimants' health. However, further research is needed to determine a causal relationship. Copyright © 2013 Elsevier Ltd. All rights reserved.

Analysis of construction injury burden by type of work.

PubMed

Lowery, J T; Glazner, J; Borgerding, J A; Bondy, J; Lezotte, D C; Kreiss, K

2000-04-01

To lay groundwork for identifying patterns of injury etiology, we sought to describe injury experience associated with types of work performed at construction sites by examining workers' compensation (WC) claims for the 32,081 construction workers who built Denver International Airport (DIA). Injury rates and WC payment rates were calculated for 25 types of work based on claims and payroll data reported to DIA's owner-controlled insurance program according to National Council on Compensation Insurance job classifications. By linking DIA claims with corresponding lost-work-time (LWT) claims filed with Colorado's Workers' Compensation Division, we were also able to obtain and examine both total and median lost days for each type of work. Injury experience varied widely among the types of construction work. Workers building elevators and conduits and installing glass, metal, or steel were at particularly high risk of both LWT and non-LWT injury. Median days lost by injured workers was highest (202 days) for driving/trucking. Median days lost for most types of work was much greater than previously reported for construction: 40 days or more for 18 of the 25 types of work analyzed. WC payment rates reflect both number and severity of injuries and were generally not significantly different from expected losses. They were, however, significantly higher than expected for driving/trucking, metal/steel installation, inspection/analysis, and elevator construction. Analysis of injury data by type of work allows targeting of safety resources to high risk construction work and would be useful in prospective surveillance at large construction sites with centrally administered workers' compensation plans. Copyright 2000 Wiley-Liss, Inc.

38 CFR 3.300 - Claims based on the effects of tobacco products.

Code of Federal Regulations, 2010 CFR

2010-07-01

... heart disease or other cardiovascular disease under § 3.310(b). (c) For claims for secondary service... on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco... disease or injury that is otherwise shown to have been incurred or aggravated during service. For purposes...

76 FR 58566 - Proposed Information Collection (Report of Accidental Injury in Support of Claim for Compensation...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-21

... DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0104] Proposed Information Collection (Report of Accidental Injury in Support of Claim for Compensation or Pension/Statement of Witness to Accident... for Compensation or Pension/Statement of Witness to Accident, VA Form 21- 4176. OMB Control Number...

38 CFR 3.300 - Claims based on the effects of tobacco products.

Code of Federal Regulations, 2012 CFR

2012-07-01

... heart disease or other cardiovascular disease under § 3.310(b). (c) For claims for secondary service... on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco... disease or injury that is otherwise shown to have been incurred or aggravated during service. For purposes...

38 CFR 3.300 - Claims based on the effects of tobacco products.

Code of Federal Regulations, 2013 CFR

2013-07-01

... heart disease or other cardiovascular disease under § 3.310(b). (c) For claims for secondary service... on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco... disease or injury that is otherwise shown to have been incurred or aggravated during service. For purposes...

38 CFR 3.300 - Claims based on the effects of tobacco products.

Code of Federal Regulations, 2011 CFR

2011-07-01

... heart disease or other cardiovascular disease under § 3.310(b). (c) For claims for secondary service... on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco... disease or injury that is otherwise shown to have been incurred or aggravated during service. For purposes...

38 CFR 3.300 - Claims based on the effects of tobacco products.

Code of Federal Regulations, 2014 CFR

2014-07-01

... heart disease or other cardiovascular disease under § 3.310(b). (c) For claims for secondary service... on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco... disease or injury that is otherwise shown to have been incurred or aggravated during service. For purposes...

Prioritizing prevention opportunities in the Washington State construction industry, 2003-2007.

PubMed

Schoonover, Todd; Bonauto, David; Silverstein, Barbara; Adams, Darrin; Clark, Randy

2010-06-01

This study compares construction industry groups in Washington State by injury severity and cost, and ranks industry groups according to potential for prevention. All Washington State workers' compensation compensable claims with date of injury between 2003 and 2007 were classified into North American Industrial Classification System (NAICS) industry groups. Claims were then aggregated by injury type and industry groups were ranked according to a prevention index (PI). The PI is the average of the rank orders of the claim count and the claim incidence rate. A lower PI indicates a higher need for prevention activities. The severity rate was calculated as the number of days of time loss per 10,000 full-time equivalents (FTEs). For all injury types, construction industry groups occupy 7 of the top 15 PI ranks in Washington State. The severity rate among construction industry groups was twice that for non-construction groups for all injury types. Foundation, structure, and building exterior contractors (NAICS 2381) ranked highest in prevention potential and severity among construction industry groups for most common injury types including falls from elevation, fall on same level, struck by/against, and musculo-skeletal disorders of the neck, back, and upper extremity (WMSDs). Median claim costs by injury type were generally higher among construction industry groups. The construction industry in Washington State has a high severity rate and potential for prevention. The methods used for characterizing these industry groups can be adapted for comparison within and between other industries and states. These data can be used by industry groups and employers to identify higher cost and higher severity injury types. Knowledge about the relative frequencies and costs associated with different injury types will help employers and construction industry associations make better informed decisions about where prevention efforts are most needed and may have the greatest impact. The results of this study can also be used by industry stakeholders to cooperatively focus on high cost and high severity injuries and explore best practices, interventions, and solutions as demonstrated by efforts to prevent musculoskeletal disorders in masonry (Entzel, Albers, & Welch, 2007). Initiating construction industry groups to focus on high cost and high severity injuries may also help prevent other types of injuries. (c) 2010 National Safety Council. Published by Elsevier Ltd. All rights reserved.

Efficiency of overhead ceiling lifts in reducing musculoskeletal injury among carers working in long-term care institutions.

PubMed

Alamgir, Hasanat; Yu, Shicheng; Fast, Catherine; Hennessy, Stephanie; Kidd, Catherine; Yassi, Annalee

2008-05-01

A longitudinal study was conducted in three long-term care facilities to evaluate the effectiveness and cost benefit of overhead lifts in reducing the risk of musculoskeletal injury among healthcare workers. Analysis of injury trends spanning 6 years before intervention (1996-2001) and 4 years after intervention (2002-2005) found a significant and sustained decrease in workers' compensation claims per number of beds and in working days lost per bed. The payback period was estimated under various assumptions and varied from 6.3 to 6.2 years if only direct claim-cost savings were included, and from 2.06 to 3.20 years when indirect savings were added. The significant reductions in injury rates and compensation claims support intervention with overhead ceiling lifts. A more comprehensive evaluation of such programmes should incorporate in the analysis important variables such as staffing ratios, job stresses, injury reporting systems and compensation policies during the study period.

The Swedish system for compensation of patient injuries.

PubMed

Johansson, Henry

2010-05-01

Since 1975 Sweden has had a patient insurance system to compensate patients for health-related injuries. The system was initially based on a voluntary patient insurance solution, but in 1997 it was replaced by the Patient Insurance Act. The current Act covers both physical and mental injuries. Although about 9,000-10,000 cases are processed in Sweden annually, compensation is paid in barely half of these cases. In the Swedish patient injury claim processing system, the Patient Claims Panel is the authority that plays an important role in ensuring fair and consistent application of the Act.

29 CFR 15.42 - Claim procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Are there limits on claims under the MPCECA? 15.205 What types of claims for property damage are... a claim for loss of or damages to personal property under the WIA? 15.304 Are there limits to claims for loss of or damages to personal property under the WIA? Authority: 28 U.S.C. 2672; 28 CFR § 14.11...

Obstetric and gynecologic malpractice claims in Saudi Arabia: Incidence and cause.

PubMed

AlDakhil, Lateefa O

2016-05-01

The occurrence of a bad outcome, injury or death of a patient during treatment increases the chance of malpractice litigation, increases legal responsibility and leads to increased fees for malpractice insurance. Physicians practicing obstetrics and gynecology face among the highest risks of malpractice litigation, and such litigation has led to an increase in the practice of defensive medicine and has made this specialty less appealing. Previous clinical data from Saudi Arabia have shown that more malpractice litigation concerns claims in obstetrics and gynecology than claims in any other field of medicine. To identify the main causes of obstetrics and gynecology (OBGYN) professional liability claims in Saudi Arabia to have a better understanding and management of risks. All OBGYN claims opened in Saudi Arabia between 2008 and 2013 were analyzed to identify the most common causes of claims. The results of these claims and the times until a final judgment made were also analyzed. Out of a total of 463 malpractice claims that were closed during the study period, 114 (24.6%) claims were in obstetrics and gynecology, and 92 (80.7%) of these claims concerned complications related to delivery room events. The most common causes of obstetric malpractice litigation were shoulder dystocia (brachial plexus injury) and fetal distress (hypoxic ischemic encephalopathy). Urinary system injury was the most common cause of gynecology cases. Most cases were decided in favor of the defendants with the exception of cases for which maternal and/or fetal death was the cause of litigation; nearly all of those cases were decided against the defendants. Obstetricians face a high risk of malpractice claims in Saudi Arabia, although most claims do not end in payments to plaintiffs. However, the effects of such claims on obstetric care should not be underestimated. Adherence to standards of care and careful documentation may decrease litigation and the number of indefensible malpractice claims. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

If it bleeds, it leads: the construction of workplace injury in Canadian newspapers, 2009-2014.

PubMed

Barnetson, Bob; Foster, Jason

2015-01-01

Public perceptions of workplace injuries are shaped by media reports, but the accuracy of such reports is unknown. This study identifies differences between workers' compensation claims data and newspaper reports of workplace injuries in Canadian newspapers and media sources. This study applies quantitative content analysis to 245 Canadian English-language newspaper articles from 2009 to 2014. Workers' compensation claims data is drawn from the Association of Workers' Compensation Boards of Canada. Newspapers dramatically overreport fatalities, injuries to men, injuries in the construction and mining/quarrying/oil industries, injuries stemming from contact with objects/equipment and fires/explosions, and acute physical injuries such as burns, fractures, intracranial injuries, and traumatic injuries. Newspaper reporters tend to rely upon government, police/firefighter, and employer accounts, rarely recounting the perspectives of workers. Newspapers overreported fatalities, injuries to men, and injuries in the construction and mining/quarrying/oil industries. This results in a misleading picture of occupational injuries in Canada.

If it bleeds, it leads: the construction of workplace injury in Canadian newspapers, 2009–2014

PubMed Central

Barnetson, Bob; Foster, Jason

2015-01-01

Background: Public perceptions of workplace injuries are shaped by media reports, but the accuracy of such reports is unknown. Objective: This study identifies differences between workers' compensation claims data and newspaper reports of workplace injuries in Canadian newspapers and media sources. Methods: This study applies quantitative content analysis to 245 Canadian English-language newspaper articles from 2009 to 2014. Workers' compensation claims data is drawn from the Association of Workers' Compensation Boards of Canada. Results: Newspapers dramatically overreport fatalities, injuries to men, injuries in the construction and mining/quarrying/oil industries, injuries stemming from contact with objects/equipment and fires/explosions, and acute physical injuries such as burns, fractures, intracranial injuries, and traumatic injuries. Newspaper reporters tend to rely upon government, police/firefighter, and employer accounts, rarely recounting the perspectives of workers. Conclusion: Newspapers overreported fatalities, injuries to men, and injuries in the construction and mining/quarrying/oil industries. This results in a misleading picture of occupational injuries in Canada. PMID:26070326

22 CFR 21.1 - Policy.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was... request either to agree to indemnify or to settle a personal damages claim before entry of an adverse...

22 CFR 21.1 - Policy.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was... request either to agree to indemnify or to settle a personal damages claim before entry of an adverse...

32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... loss subject to the exclusions set forth at § 536.76. Strict or absolute liability and similar theories... date of injury causing death until expiration of decedent's worklife expectancy. When requested, the... statements from those concerned. (iii) Loss of services from date of injury to end of life expectancy of the...

20 CFR 702.221 - Claims for compensation; time limitations.

Code of Federal Regulations, 2010 CFR

2010-04-01

... which the injury or death occurred. The Social Security Number (SSN) of the injured employee and, in... year of the injury or death, or (where payment is made without an award) within one year of the date on... filing a claim does not begin to run until the employee receives an audiogram with the accompanying...

An analysis of injury claims from low-seam coal mines

DOE Office of Scientific and Technical Information (OSTI.GOV)

Gallagher, S.; Moore, S.; Dempsey, P.G.

2009-07-01

The restricted workspace present in low-seam coal mines forces workers to adopt awkward working postures (kneeling and stooping), which place high physical demands on the knee and lower back. This article provides an analysis of injury claims for eight mining companies operating low-seam coal mines during calendar years 1996-2008. All cost data were normalized using data on the cost of medical care (MPI) as provided by the U.S. Bureau of Labor Statistics. Results of the analysis indicate that the knee was the body part that led in terms of claim cost ($4.2 million), followed by injuries to the lower backmore » ($2.7 million). While the average cost per injury for these body parts was $13,100 and $14,400, respectively (close to the average cost of an injury overall), the high frequency of these injuries resulted in their pre-eminence in terms of cost. Analysis of data from individual mining companies suggest that knee and lower back injuries were a consistent problem across companies, as these injuries were each among the top five most costly part of body for seven out of eight companies studied. Results of this investigation suggest that efforts to reduce the frequency of knee and low back injuries in low-seam mines have the potential to create substantial cost savings.« less

Malpractice Litigation and Nursing Home Quality of Care

PubMed Central

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-01-01

Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

26 CFR 403.36 - Interest claimed.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 26 Internal Revenue 18 2013-04-01 2013-04-01 false Interest claimed. 403.36 Section 403.36... ADMINISTRATION DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.36 Interest claimed. Any person claiming an interest in property seized by an officer of the Internal Revenue Service...

26 CFR 403.36 - Interest claimed.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 26 Internal Revenue 18 2014-04-01 2014-04-01 false Interest claimed. 403.36 Section 403.36... ADMINISTRATION DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.36 Interest claimed. Any person claiming an interest in property seized by an officer of the Internal Revenue Service...

26 CFR 403.36 - Interest claimed.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 26 Internal Revenue 18 2012-04-01 2012-04-01 false Interest claimed. 403.36 Section 403.36... ADMINISTRATION DISPOSITION OF SEIZED PERSONAL PROPERTY Remission or Mitigation of Forfeitures § 403.36 Interest claimed. Any person claiming an interest in property seized by an officer of the Internal Revenue Service...

Development and evaluation of a Naïve Bayesian model for coding causation of workers' compensation claims.

PubMed

Bertke, S J; Meyers, A R; Wurzelbacher, S J; Bell, J; Lampl, M L; Robins, D

2012-12-01

Tracking and trending rates of injuries and illnesses classified as musculoskeletal disorders caused by ergonomic risk factors such as overexertion and repetitive motion (MSDs) and slips, trips, or falls (STFs) in different industry sectors is of high interest to many researchers. Unfortunately, identifying the cause of injuries and illnesses in large datasets such as workers' compensation systems often requires reading and coding the free form accident text narrative for potentially millions of records. To alleviate the need for manual coding, this paper describes and evaluates a computer auto-coding algorithm that demonstrated the ability to code millions of claims quickly and accurately by learning from a set of previously manually coded claims. The auto-coding program was able to code claims as a musculoskeletal disorders, STF or other with approximately 90% accuracy. The program developed and discussed in this paper provides an accurate and efficient method for identifying the causation of workers' compensation claims as a STF or MSD in a large database based on the unstructured text narrative and resulting injury diagnoses. The program coded thousands of claims in minutes. The method described in this paper can be used by researchers and practitioners to relieve the manual burden of reading and identifying the causation of claims as a STF or MSD. Furthermore, the method can be easily generalized to code/classify other unstructured text narratives. Published by Elsevier Ltd.

Evaluation of RugbySmart: a rugby union community injury prevention programme.

PubMed

Gianotti, Simon M; Quarrie, Ken L; Hume, Patria A

2009-05-01

RugbySmart, a rugby union injury prevention programme, was launched in New Zealand in 2001. It was compulsory for all coaches and referees to complete RugbySmart requirements annually in order to continue coaching or refereeing. After 5 years of implementation the programme partners, Accident Compensation Corporation and New Zealand Rugby Union, evaluated RugbySmart to determine its effectiveness in reducing injuries. The purpose was to evaluate the effect of RugbySmart on reducing injury rates per 100,000 players and resulting injury prevention behaviours. The RugbySmart programme was associated with a decrease in injury claims per 100,000 players in most areas the programme targeted; the programme had negligible impact on non-targeted injury sites. The decrease in injury claims numbers was supported by results from the player behaviour surveys pre- and post-RugbySmart. There was an increase in safe behaviour in the contact situations of tackle, scrum and ruck technique.

Back injuries among union carpenters in Washington State, 1989-2003.

PubMed

Lipscomb, Hester J; Cameron, Wilfrid; Silverstein, Barbara

2008-06-01

There is limited information on occupational back pain specific to carpenters despite their known exposures to recognized occupational risk factors and limited opportunities for modified work due to the predominantly heavy nature of their work. By combining union records with worker's compensation claims, we describe work-related back injuries, including associated medical diagnoses, among a well-defined cohort of union carpenters between 1989 and 2003. High risk subgroups were explored based on age, gender, union tenure, and predominant type of work. Paid lost time claims were contrasted to less serious events, and injuries sustained from overexertion activities were contrasted with those sustained through more acute trauma. Back injuries occurred at an overall rate of 6.2/200,000 hours worked. Most injuries were coded in the compensation records as sprains, but there was little agreement between these nature of injury codes and ICD9 diagnosis codes. Injury rates declined most significantly over time for injuries secondary to overexertion. In multivariate analyses, we observed similar patterns of risk for the types of claims evaluated despite disparate mechanisms and severity. Those who worked predominantly in residential carpentry or drywall installation were consistently at greatest risk. Overexertion injuries from manual materials handling activities are responsible for the largest burden of back injuries among these carpenters, but a growing proportion of injuries result from acute traumatic events. Interventions are called for which specifically address risk among residential carpenters and drywall installers. These data provide additional evidence that Bureau of Labor Statistics data underestimate work-related injuries. Copyright 2008 Wiley-Liss, Inc.

32 CFR 536.120 - Claims payable as maritime claims.

Code of Federal Regulations, 2014 CFR

2014-07-01

... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

32 CFR 536.120 - Claims payable as maritime claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

32 CFR 536.120 - Claims payable as maritime claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... claim is cognizable under this subpart if it arises in or on a maritime location, involves some... scope of employment. This class of claims includes, but is not limited to: (a) Damage to a ship, boat, barge, or other watercraft; (b) An injury that involves a ship, boat, barge, or other watercraft; (c...

46 CFR 327.4 - Claim requirements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... statements made in the claim are subject to the provision of 18 U.S.C. 287 and 1001 and all other penalty... physicians and hospitals related to a seaman's claim for injury, illness, or death shall be attached. If the... years. (5) If the claim does not involve a seaman's death, the following information shall be submitted...

Prescription opioids for occupational injury: results from workers' compensation claims records.

PubMed

Berecki-Gisolf, Janneke; Collie, Alex; McClure, Roderick J

2014-09-01

The objective of this study is to identify the prevalence of opioid prescription use in an Australian workers' compensation population and assess predictors of long-term use. Retrospective administrative data analysis. WorkSafe Victoria (Australia) workers' compensation. Workers with a workers' compensation claim were included if the injury/illness started in 2008 or 2009 (N = 54,931). Claim payments records dating up to 2 years postinjury were analyzed to determine receipt of prescription opioids. Long-term use was defined as use of any opioid beyond 1 year postinjury. Within the follow-up period, 8,933 (16.3%) workers claimed prescription opioids: 10.0% claimed opioids in the first year only, and 6.3% claimed opioids beyond the first year. The most commonly received opioids were codeine (10.4%), oxycodone (7.5%), and tramadol (5.0%). Dextropropoxyphene, which is considered unsafe in many countries because of potentially fatal side effects, was used by 1.9% of injured workers. Progression to long-term use of opioids was common (N = 3,446; 39%): age (35-64 years; the association with age followed an inverse U-shaped curve), women, laborers, lower socioeconomic status, greater work disability, and greater hospital expense were associated with opioid use beyond the first year postinjury. Prescription opioid use for workplace injury in Australia is common but not as common as reports from U.S. workers' compensation schemes. The type of opioid and number of repeat prescriptions are factors that should be carefully considered by practitioners prescribing opioids to injured workers: progression to long-term use is common and not fully explained by injury severity. Wiley Periodicals, Inc.

40 CFR 14.9 - Approval and payment of claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... employee by persons specified in § 14.5 in the following order: (1) The spouse's claim. (2) A child's claim... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Approval and payment of claims. 14.9 Section 14.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL EMPLOYEE PERSONAL PROPERTY...

76 FR 2755 - Proposed Information Collection (Statement of Person Claiming To Have Stood in Relation of a...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-14

... (Statement of Person Claiming To Have Stood in Relation of a Parent) Activity: Comment Request AGENCY... information needed to determine a claimant's who stood in relation of parents to a deceased veteran... information technology. Title: Statement of Person Claiming to Have Stood in Relation of a Parent, VA Form 21...

Work-related injury factors and safety climate perception in truck drivers.

PubMed

Anderson, Naomi J; Smith, Caroline K; Byrd, Jesse L

2017-08-01

The trucking industry has a high burden of work-related injuries. This study examined factors, such as safety climate perceptions, that may impact injury risk. A random sample of 9800 commercial driver's license holders (CDL) were sent surveys, only 4360 were eligible truck drivers. Descriptive statistics and logistic regression models were developed to describe the population and identify variables associated with work-related injury. 2189 drivers completed the pertinent interview questions. Driving less-than-truckload, daytime sleepiness, pressure to work faster, and having a poor composite score for safety perceptions were all associated with increased likelihood of work-related injury. Positive safety perception score was protective for odds of work-related injury, and increased claim filing when injured. Positive psychological safety climate is associated with decreased likelihood of work-related injury and increased likelihood that a driver injured on the job files a workers' compensation claim. © 2017 Wiley Periodicals, Inc.

A New Method to Classify Injury Severity by Diagnosis: Validation using Workers' Compensation and Trauma Registry Data

PubMed Central

Sears, Jeanne M.; Bowman, Stephen M.; Rotert, Mary; Hogg-Johnson, Sheilah

2015-01-01

Purpose Acute work-related trauma is a leading cause of death and disability among U.S. workers. Existing methods to estimate injury severity have important limitations. This study assessed a severe injury indicator constructed from a list of severe traumatic injury diagnosis codes previously developed for surveillance purposes. Study objectives were to: (1) describe the degree to which the severe injury indicator predicts work disability and medical cost outcomes; (2) assess whether this indicator adequately substitutes for estimating Abbreviated Injury Scale (AIS)-based injury severity from workers' compensation (WC) billing data; and (3) assess concordance between indicators constructed from Washington State Trauma Registry (WTR) and WC data. Methods WC claims for workers injured in Washington State from 1998-2008 were linked to WTR records. Competing risks survival analysis was used to model work disability outcomes. Adjusted total medical costs were modeled using linear regression. Information content of the severe injury indicator and AIS-based injury severity measures were compared using Akaike Information Criterion and R2. Results Of 208,522 eligible WC claims, 5% were classified as severe. Among WC claims linked to the WTR, there was substantial agreement between WC-based and WTR-based indicators (kappa=0.75). Information content of the severe injury indicator was similar to some AIS-based measures. The severe injury indicator was a significant predictor of WTR inclusion, early hospitalization, compensated time loss, total permanent disability, and total medical costs. Conclusions Severe traumatic injuries can be directly identified when diagnosis codes are available. This method provides a simple and transparent alternative to AIS-based injury severity estimation. PMID:25900409

The consistency of experts' evaluation of obstetric claims for compensation.

PubMed

Andreasen, S; Backe, B; Lydersen, S; Øvrebø, K; Øian, P

2015-06-01

The aim of this study was to investigate the consistency of experts' evaluation of different types of obstetric claims for compensation. Inter-rater reliability study of obstetric claims for compensation. Medical experts' evaluation in The Norwegian System of Compensation to Patients, a no-blame system. The 15 most frequently used medical experts were asked to evaluate 12 obstetric claims applied for compensation. Inter-rater agreement was assessed by absolute agreement, Fleiss' kappa statistic and Gwet's AC1. Consistency in the evaluation of negligence (carelessness without intention to harm) and causality (relation between care and injury) between negligence and patient injury. The experts demonstrated moderate consistency in their evaluation of negligence (Fleiss' kappa = 0.53/AC1 = 0.54) and causality (Fleiss' kappa = 0.41/AC1 = 0.54). There was a higher level of agreement in clinical scenarios with well-documented diagnostic criteria and guidelines, including shoulder dystocia and asphyxia with low Apgar score and metabolic acidosis. We found a moderate level of agreement in experts' evaluation of negligence and causality between the injury and provided health care, the two most important questions to be answered in obstetric claims for compensation. © 2014 Royal College of Obstetricians and Gynaecologists.

Comparison of data sources for the surveillance of work injury

PubMed Central

Chambers, Andrea; McLeod, Christopher; Bielecky, Amber; Smith, Peter M

2012-01-01

Objective The objective of this study was to compare the incidence of work-related injury and illness presenting to Ontario emergency departments to the incidence of worker's compensation claims reported to the Ontario Workplace Safety & Insurance Board over the period 2004–2008. Methods Records of work-related injury were obtained from two administrative data sources in Ontario for the period 2004–2008: workers' compensation lost-time claims (N=435 336) and records of non-scheduled emergency department visits where the main problem was attributed to a work-related exposure (N=707 963). Denominator information required to compute the risk of work injury per 2 000 000 work hours, stratified by age and gender was estimated from labour force surveys conducted by Statistics Canada. Results The frequency of emergency department visits for all work-related conditions was approximately 60% greater than the incidence of accepted lost-time compensation claims. When restricted to injuries resulting in fracture or concussion, gender-specific age differences in injury incidence were similar in the two data sources. Between 2004 and 2008, there was a 14.5% reduction in emergency department visits attributed to work-related causes and a 17.8% reduction in lost-time compensation claims. There was evidence that younger workers were more likely than older workers to seek treatment in an emergency department for work-related injury. Conclusions In this setting, emergency department records available for the complete population of Ontario residents are a valid source of surveillance information on the incidence of work-related disorders. Occupational health and safety authorities should give priority to incorporating emergency department records in the routine surveillance of the health of workers. PMID:22267447

Risk of Depression Following Traumatic Brain Injury in a Large National Sample.

PubMed

Albrecht, Jennifer S; Barbour, Lauren; Abariga, Samuel A; Rao, Vani; Perfetto, Eleanor M

2018-05-29

Depression is associated with poorer recover following traumatic brain injury (TBI) yet awareness of depression risk post-TBI among providers and patients is low. The objective of this study was to estimate risk of depression post-TBI among adults aged 18 and older and to identify risk factors associated with developing depression following TBI. We conducted a retrospective, matched cohort study using claims data for privately insured and Medicare Advantage enrollees in a large U.S. health plan. Adults ≥18 years diagnosed with TBI (n= 207,354) with 12 months continuous insurance coverage pre-TBI and 24 months post-TBI were matched to controls without TBI (n=414,708). We identified the presence of depression on any inpatient or outpatient claim occurring during the study period (both before and after TBI). Of the initial 622,062 individuals, 62,963 (10%) had depression pre-TBI and were excluded from incidence calculations. Incidence of depression following TBI was 79.5 (95% confidence interval (CI) 78.5,80.5) per 1,000 person-years compared to 33.5 (95% CI 33.1,34.0) per 1,000 person-years for those without TBI. The adjusted hazard ratio for depression following TBI was 1.83 (95% CI 1.79,1.86). We observed effect modification by sex and age, with males and older adults at increased risk. History of neuropsychiatric disturbances pre-TBI was the strongest predictor of depression post-TBI. Risk of depression increases substantially after TBI. Groups at increased risk include those with a history of neuropsychiatric disturbances, older adults, and men. This study highlights the importance of long-term monitoring for depression following TBI.

The association between attributions of responsibility for motor vehicle accidents and patient satisfaction: a study within a no-fault injury compensation system.

PubMed

Thompson, Jason; Berk, Michael; O'Donnell, Meaghan; Stafford, Lesley; Nordfjaern, Trond

2015-05-01

This study set out to test the relationship between attributions of responsibility for motor vehicle accidents and satisfaction with personal injury compensation systems. The study analysed survey data from 1394 people injured in a motor vehicle accident who were compensated under a no-fault personal injury compensation system. Patients' ratings of satisfaction with the compensation system across five domains (resolves your issues, keeps you up-to-date, treats you as an individual, cares about you, and overall satisfaction) were analysed alongside patient attributions of responsibility for their accident (not responsible, partly responsible, totally responsible). Postaccident physical and mental health status, age, gender, and duration of compensation claim were controlled for in the analysis. A multivariate analysis of covariance indicated attributions of responsibility for accidents were significantly associated with levels of patient satisfaction across all five domains under study (F (10, 2084) = 3.7, p<0.001, η(2)  =0.02). Despite access to virtually indistinguishable services, patients who attributed responsibility for their accidents to others were significantly less satisfied with the injury compensation system than those who attributed responsibility to themselves. Satisfaction with no-fault motor vehicle injury compensation services are associated with patients' attributions of responsibility for their accident. Compensation systems and other rehabilitation services monitoring patient satisfaction should adjust for attributions of responsibility when assessing levels of patient satisfaction between time periods, services, or injured populations. Differences in levels of patient satisfaction observed between compensation or rehabilitation populations may reflect differences in attributions of responsibility for accidents rather than objective service quality. © The Author(s) 2014.

Obesity and workers' compensation: results from the Duke Health and Safety Surveillance System.

PubMed

Ostbye, Truls; Dement, John M; Krause, Katrina M

2007-04-23

Obese individuals have increased morbidity and use of health services. Less is known about the effect of obesity on workers' compensation. The objective of this study was to determine the relationship between body mass index (BMI) (calculated as weight in kilograms divided by height in meters squared) and number and types of workers' compensation claims, associated costs, and lost workdays. Retrospective cohort study. Participants included 11 728 health care and university employees (34 858 full-time equivalents [FTEs]) with at least 1 health risk appraisal between January 1, 1997, and December 31, 2004. The main outcome measures were stratified rates of workers' compensation claims, associated costs, and lost workdays, calculated by BMI, sex, age, race/ethnicity, smoking status, employment duration, and occupational group. The body part affected, nature of the illness or injury, and cause of the illness or injury were also investigated. Multivariate Poisson regression models examined the effects of BMI, controlling for demographic and work-related variables. There was a clear linear relationship between BMI and rate of claims. Employees in obesity class III (BMI >/=40) had 11.65 claims per 100 FTEs, while recommended-weight employees had 5.80; the effect on lost workdays (183.63 vs 14.19 lost workdays per 100 FTEs), medical claims costs ($51 091 vs $7503 per 100 FTEs), and indemnity claims costs ($59 178 vs $5396 per 100 FTEs) was even stronger. The claims most strongly affected by BMI were related to the following: lower extremity, wrist or hand, and back (body part affected); pain or inflammation, sprain or strain, and contusion or bruise (nature of the illness or injury); and falls or slips, lifting, and exertion (cause of the illness or injury). The combination of obesity and high-risk occupation was particularly detrimental. Maintaining healthy weight not only is important to workers but should also be a high priority for their employers given the strong effect of BMI on workers' injuries. Complementing general interventions to make all workplaces safer, work-based programs targeting healthy eating and physical activity should be developed and evaluated.

32 CFR 536.78 - Settlement authority for claims under the Military Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... satisfaction of the claim. (6) Authority to further delegate payment authority is set forth in § 536.3(g)(1) of... compensation of federal employees for job-related injuries (see § 536.44), or untimely filing, TJAG or TAJAG...

32 CFR 536.78 - Settlement authority for claims under the Military Claims Act.

Code of Federal Regulations, 2011 CFR

2011-07-01

... satisfaction of the claim. (6) Authority to further delegate payment authority is set forth in § 536.3(g)(1) of... compensation of federal employees for job-related injuries (see § 536.44), or untimely filing, TJAG or TAJAG...

Cognitive error as the most frequent contributory factor in cases of medical injury: a study on verdict's judgment among closed claims in Japan.

PubMed

Tokuda, Yasuharu; Kishida, Naoki; Konishi, Ryota; Koizumi, Shunzo

2011-03-01

Cognitive errors in the course of clinical decision-making are prevalent in many cases of medical injury. We used information on verdict's judgment from closed claims files to determine the important cognitive factors associated with cases of medical injury. Data were collected from claims closed between 2001 to 2005 at district courts in Tokyo and Osaka, Japan. In each case, we recorded all the contributory cognitive, systemic, and patient-related factors judged in the verdicts to be causally related to the medical injury. We also analyzed the association between cognitive factors and cases involving paid compensation using a multivariable logistic regression model. Among 274 cases (mean age 49 years old; 45% women), there were 122 (45%) deaths and 67 (24%) major injuries (incomplete recovery within a year). In 103 cases (38%), the verdicts ordered hospitals to pay compensation (median; 8,000,000 Japanese Yen). An error in judgment (199/274, 73%) and failure of vigilance (177/274, 65%) were the most prevalent causative cognitive factors, and error in judgment was also significantly associated with paid compensation (odds ratio, 1.9; 95% confidence interval [CI], 1.0-3.4). Systemic causative factors including poor teamwork (11/274, 4%) and technology failure (5/274, 2%) were less common. The closed claims analysis based on verdict's judgment showed that cognitive errors were common in cases of medical injury, with an error in judgment being most prevalent and closely associated with compensation payment. Reduction of this type of error is required to produce safer healthcare. 2010 Society of Hospital Medicine.

Insurance claims data: a possible solution for a national sports injury surveillance system? An evaluation of data information against ASIDD and consensus statements on sports injury surveillance.

PubMed

Aman, Malin; Forssblad, Magnus; Henriksson-Larsén, Karin

2014-06-12

Before preventive actions can be suggested for sports injuries at the national level, a solid surveillance system is required in order to study their epidemiology, risk factors and mechanisms. There are guidelines for sports injury data collection and classifications in the literature for that purpose. In Sweden, 90% of all athletes (57/70 sports federations) are insured with the same insurance company and data from their database could be a foundation for studies on acute sports injuries at the national level. To evaluate the usefulness of sports injury insurance claims data in sports injury surveillance at the national level. A database with 27 947 injuries was exported to an Excel file. Access to the corresponding text files was also obtained. Data were reviewed on available information, missing information and dropouts. Comparison with ASIDD (Australian Sports Injury Data Dictionary) and existing consensus statements in the literature (football (soccer), rugby union, tennis, cricket and thoroughbred horse racing) was performed in a structured manner. Comparison with ASIDD showed that 93% of the suggested data items were present in the database to at least some extent. Compliance with the consensus statements was generally high (13/18). Almost all claims (83%) contained text information concerning the injury. Relatively high-quality sports injury data can be obtained from a specific insurance company at the national level in Sweden. The database has the potential to be a solid base for research on acute sports injuries in different sports at the national level. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Analysis of workers' compensation disabling claims in Oregon's seafood preparation and packaging industry, 2007-2013.

PubMed

Syron, Laura N; Kincl, Laurel; Yang, Liu; Cain, Daniel T; Smit, Ellen

2017-05-01

Few occupational health and safety studies have focused on the US seafood preparation and packaging industry, and none on Oregon's seafood industry. Oregon workers' compensation (WC) disabling claims data were analyzed. Oregon Employment Department and US Census Bureau data were used as denominators for rates. During 2007-2013, there were 188 accepted disabling claims, with an average annual rate of 24 claims per 1000 workers. Men experienced a significantly higher rate (27.6 per 1000) than women. The most frequent incident characteristics and circumstances were: by nature-traumatic injuries to muscles, tendons, ligaments, joints (42%); by body part-upper extremities (44%); and by event-overexertion and bodily reaction (48%), and contact with objects and equipment (31%). Analyzing WC disabling claims data provides important preliminary information for understanding workplace hazards to develop control strategies. Reducing traumatic and cumulative injury risk among seafood workers is paramount. © 2017 Wiley Periodicals, Inc.

Prioritizing industries for occupational injury and illness prevention and research, Washington State Workers' compensation claims, 1999-2003.

PubMed

Bonauto, David; Silverstein, Barbara; Adams, Darrin; Foley, Michael

2006-08-01

The objective of this study was to identify high-risk industry groups for effective allocation of occupational safety and health prevention and research resources. We used all compensable Washington state workers' compensation claims to rank North American Industry Classification System (NAICS) industry groups by a "prevention index" (PI). The PI is the average of the rank orders of each industry group's claim count and claim incidence rate. Of the 274 industry groups ranked by PI for all compensable workers' compensation claims, the following industry groups ranked the highest: NAICS 2381 Foundation, Structure, and Building Exterior Contractors, NAICS 4841 General Freight Trucking, and NAICS 2361 Residential Building Construction. Industry group PI rankings are reported for the seven most common costly occupational injury types. Use of a PI can focus prevention and research resources where they can be of most benefit.

Does time off work after injury vary by jurisdiction? A comparative study of eight Australian workers' compensation systems

PubMed Central

Collie, Alex; Lane, Tyler J; Hassani-Mahmooei, Behrooz; Thompson, Jason; McLeod, Chris

2016-01-01

Objectives To determine whether the jurisdiction in which a work-related injury compensation claim is made is an independent predictor of duration of time off work following work injury, and if so, the magnitude of the effect. Setting Eight Australian state and territory workers' compensation systems, providing coverage for more than 90% of the Australian labour force. Administrative claims data from these systems were provided by government regulatory authorities for the study. Participants 95 976 Australian workers with workers' compensation claims accepted in 2010 and with at least 2 weeks of compensated time off work. Primary outcome measure Duration of time lost from work in weeks, censored at 104 weeks. Results After controlling for demographic, worker, injury and employer factors in a Cox regression model, significant differences in duration of time loss between state and territory of claim were observed. Compared with New South Wales, workers in Victoria, South Australia and Comcare had significantly longer durations of time off work and were more likely to be receiving income benefits at 104 weeks postinjury, while workers in Tasmania and Queensland had significantly shorter durations of time off work. Conclusions The jurisdiction in which an injured worker makes a compensation claim has a significant and independent impact on duration of time loss. Further research is necessary to identify specific compensation system policies and practices that promote timely and appropriate return to work and reduce duration of time off work. PMID:27150186

IIHS head restraint ratings and insurance injury claim rates.

PubMed

Trempel, Rebecca E; Zuby, David S; Edwards, Marcy A

2016-08-17

The Insurance Institute for Highway Safety (IIHS) rates front seat/head restraint designs using a combination of static and dynamic measurements following RCAR-IIWPG procedures. The purpose of this study was to determine whether vehicles with better IIHS-rated seats/head restraints had lower injury risk in rear-end collisions and how the effect of better rated seats interacted with driver gender and age. The presence of an associated insurance injury claim was determined for rear-impact crashes using 2001-2014 model year cars and SUVs. Logistic regression was used to compare injury risk for vehicles with good, acceptable, and marginal IIHS-rated seats/head restraints with poor-rated seats/head restraints. Analyses were run by gender and driver age and also by the rate of more severe injury claims. Injury rates were 11.2% lower for vehicles with seats/head restraints rated good compared to vehicles with seats/head restraints rated poor. The percentage reduction for good- versus poor-rated seats was greater for females (12.7%) than males (8.9%). Comparing good- with poor-rated seats, driver ages 15-24 had the largest reduction at 19.8%, followed by 10.7% for driver ages 45-64 and 10.4% for driver ages 25-44. Seats/head restraints with better IIHS ratings are associated with lower injury rates in rear-impact collisions than seats rated poor. The reductions in injury rates were strongest for females and for young-to-middle-age drivers. The strong reductions in injury rates for these groups are encouraging given their high initial injury rates.

76 FR 16039 - Agency Information Collection (Statement of Person Claiming To Have Stood in Relation of a Parent...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-22

... (Statement of Person Claiming To Have Stood in Relation of a Parent) Under OMB Review AGENCY: Veterans...: Statement of Person Claiming to Have Stood in Relation of a Parent, VA Form 21-524. OMB Control Number: 2900... relationship of the natural parent of a deceased veteran. The information is used to determine the claimant's...

Has the rolling uterus finally gathered moss? Somatization and malingering of cognitive deficit in six cases of "toxic mold" exposure.

PubMed

Stone, David C; Boone, Kyle B; Back-Madruga, Carla; Lesser, Ira M

2006-12-01

This article reports six cases of litigants claiming neuropsychiatric impairment due to toxic mold exposure. In spite of recent growth in personal injury claims due to mold, numerous reviews of the literature have failed to find an association between environmental exposure to mold and neuropsychiatric and/or neuropsychological damage. We report data on six patients claiming harm, 4 of whom revealed a long history of somatization by history and psychological testing, and 2 of whom were shown to be malingering based on multiple indicators of non-credible performance. Of the 6 patients, only the 2 somatoform patients who were also depressed showed credible evidence of neuropsychological dysfunction. We review two other studies that have examined the link between mold exposure and cognitive impairment and discuss their limitations in view of the presenting behaviors of these 6 patients. Until the literature has established a credible link between mold and neuropsychiatric/neuropsychological impairment, jurists and clinicians must consider the ethics and potential harm of exposing somatoform patients to multiple unwarranted medical evaluations. Principles for forensic evaluations in this special population are reviewed.

Data linkage of inpatient hospitalization and workers' claims data sets to characterize occupational falls.

PubMed

Bunn, Terry L; Slavova, Svetla; Bathke, Arne

2007-07-01

The identification of industry, occupation, and associated injury costs for worker falls in Kentucky have not been fully examined. The purpose of this study was to determine the associations between industry and occupation and 1) hospitalization length of stay; 2) hospitalization charges; and 3) workers' claims costs in workers suffering falls, using linked inpatient hospitalization discharge and workers' claims data sets. Hospitalization cases were selected with ICD-9-CM external cause of injury codes for falls and payer code of workers' claims for years 2000-2004. Selection criteria for workers'claims cases were International Association of Industrial Accident Boards and Commissions Electronic Data Interchange Nature (IAIABCEDIN) injuries coded as falls and/or slips. Common data variables between the two data sets such as date of birth, gender, date of injury, and hospital admission date were used to perform probabilistic data linkage using LinkSolv software. Statistical analysis was performed with non-parametric tests. Construction falls were the most prevalent for male workers and incurred the highest hospitalization and workers' compensation costs, whereas most female worker falls occurred in the services industry. The largest percentage of male worker falls was from one level to another, while the largest percentage of females experienced a fall, slip, or trip (not otherwise classified). When male construction worker falls were further analyzed, laborers and helpers had longer hospital stays as well as higher total charges when the worker fell from one level to another. Data linkage of hospitalization and workers' claims falls data provides additional information on industry, occupation, and costs that are not available when examining either data set alone.

Injuries to volunteer fire fighters in West Virginia.

PubMed

Magnetti, S M; Wyant, W D; Greenwood, J; Roder, N J; Linton, J C; Ducatman, A M

1999-02-01

The distribution and characteristics of workplace injuries for West Virginia volunteer fire fighters (VFFs) are described using 1992 workers' compensation data. Most of the injuries occurred in VFFs who were less than 30 years of age (62%). The most common type of injuries were those in the category of lacerations and contusions (28.9%), with a notable percentage of injuries due to smoke inhalation and respiratory problems (13.7%). The proportional rates related to falls in VFFs were almost twice the national figures for the same year (39.3% versus 22.3%). County population density was found to be directly associated with injury rates, even when adjusted for number of responses. Claims statistics mirror a similar geographical trend in overall workers' compensation claims for all injuries in West Virginia. The results of this study provide a foundation for additional follow-up studies in order to develop improved occupational safety policies and target educational programs aimed at the prevention of injuries in volunteer fire fighters. Several findings have already resulted in programmatic recommendations.

Exploring the relationship between employer recordkeeping and underreporting in the BLS Survey of Occupational Injuries and Illnesses.

PubMed

Wuellner, Sara E; Bonauto, David K

2014-10-01

Little empirical data exist to identify the reasons for underreporting in the US Bureau of Labor Statistics (BLS) non-fatal occupational injury and illness data. We interviewed occupational injury and illness record keepers from Washington State establishments that participated in the 2008 BLS Survey of Occupational Injuries and Illnesses (SOII). Qualitative and quantitative methods were used to explore recordkeeping and business practices that may explain SOII's incomplete case capture compared with WC claims data. Most participants (90%) did not comply with OSHA recordkeeping regulations. Other factors including using workplace injury data to evaluate supervisors' or SOII respondent's job performance, recording injuries for a worksite that operates multiple shifts, and failing to follow SOII instructions were more common among establishments with unreported WC claims. Business practices that incentivize low injury rates, disorganized recordkeeping, and limited communication between BLS and survey respondents are barriers to accurate employer reports of work-related injuries and illnesses. © 2014 The Authors. American Journal of Industrial Medicine published by Wiley Periodicals, Inc.

Posttraumatic stress disorder in tort actions: forensic minefield.

PubMed

Sparr, L F; Boehnlein, J K

1990-01-01

The authors discuss posttraumatic stress disorder (PTSD) as a basis for personal injury litigation. Three case examples raise issues related to: (1) the controversy surrounding expansion of tort liability, (2) the courtroom use of psychiatric nomenclature as represented in the DSM (e.g., PTSD), and (3) ethical concerns regarding psychiatric expert witnesses. Psychiatrists became easy targets when problems related to personal injury "stress" cases developed. A careful analysis, however, demonstrates that the issues are complex and multifaceted. For example, tort liability expansion was primarily instituted to compel a greater provision of liability insurance, not to reward stress claims. The increasing use of psychiatry's DSM in the courtroom has occurred despite explicit precautions against forensic application. Finally, the need for psychiatric expert witnesses has increased because courts have gradually usurped some psychiatric clinical prerogatives and because there has been a trend toward greater consideration of emotional pain and suffering. Although psychiatric expert witnesses have not been beyond reproach, critics have attempted to impeach the entire psychiatric profession for the questionable actions of the minority. The authors provide a detailed analysis of current problems, offer suggestions for improvement, and provide an educational counterpoint to the "hysterical invective" that often greets psychiatric testimony.

Work-related ladder fall fractures: identification and diagnosis validation using narrative text.

PubMed

Smith, Gordon S; Timmons, Robert A; Lombardi, David A; Mamidi, Dheeresh K; Matz, Simon; Courtney, Theodore K; Perry, Melissa J

2006-09-01

To identify ladder-related fracture injuries and determine how ladder fall fractures differ from other ladder-related injuries. Ladder-related fracture cases were identified using narrative text and coded data from workers' compensation claims. Potential cases were identified by text searches and verified with claim records. Injury characteristics were compared using proportionate injury ratios. Of 9826 ladder-related injuries, 7% resulted in fracture cases. Falls caused 89% of fractures and resulted in more medical costs and disability days than other injuries. Frequent mechanisms were ladder instability (22%) and lost footing (22%). Narrative text searches identified 17% more fractures than injury codes alone. Males were more likely to sustain a fall fracture than other injuries; construction workers were most likely, and retail workers were the least likely to sustain fractures. Fractures are an important injury from ladder falls, resulting more serious consequences than other ladder-related injuries. Text analysis can improve the quality and utility of workers compensation data by identifying and understanding injury causes. Proportionate injury ratios are also useful for making cross-group comparisons of injury experience when denominator data are not available. Greater attention to risk factors for ladder falls is needed for targeting interventions.

Development of an algorithm to identify fall-related injuries and costs in Medicare data.

PubMed

Kim, Sung-Bou; Zingmond, David S; Keeler, Emmett B; Jennings, Lee A; Wenger, Neil S; Reuben, David B; Ganz, David A

2016-12-01

Identifying fall-related injuries and costs using healthcare claims data is cost-effective and easier to implement than using medical records or patient self-report to track falls. We developed a comprehensive four-step algorithm for identifying episodes of care for fall-related injuries and associated costs, using fee-for-service Medicare and Medicare Advantage health plan claims data for 2,011 patients from 5 medical groups between 2005 and 2009. First, as a preparatory step, we identified care received in acute inpatient and skilled nursing facility settings, in addition to emergency department visits. Second, based on diagnosis and procedure codes, we identified all fall-related claim records. Third, with these records, we identified six types of encounters for fall-related injuries, with different levels of injury and care. In the final step, we used these encounters to identify episodes of care for fall-related injuries. To illustrate the algorithm, we present a representative example of a fall episode and examine descriptive statistics of injuries and costs for such episodes. Altogether, we found that the results support the use of our algorithm for identifying episodes of care for fall-related injuries. When we decomposed an episode, we found that the details present a realistic and coherent story of fall-related injuries and healthcare services. Variation of episode characteristics across medical groups supported the use of a complex algorithm approach, and descriptive statistics on the proportion, duration, and cost of episodes by healthcare services and injuries verified that our results are consistent with other studies. This algorithm can be used to identify and analyze various types of fall-related outcomes including episodes of care, injuries, and associated costs. Furthermore, the algorithm can be applied and adopted in other fall-related studies with relative ease.

Does hot weather affect work-related injury? A case-crossover study in Guangzhou, China.

PubMed

Sheng, Rongrong; Li, Changchang; Wang, Qiong; Yang, Lianping; Bao, Junzhe; Wang, Kaiwen; Ma, Rui; Gao, Chuansi; Lin, Shao; Zhang, Ying; Bi, Peng; Fu, Chuandong; Huang, Cunrui

2018-04-01

Despite increasing concerns about the health effects of climate change, the extent to which workers are affected by hot weather is not well documented. This study aims to investigate the association between high temperatures and work-related injuries using data from a large subtropical city in China. We used workers' compensation claims to identify work-related injuries in Guangzhou, China during 2011-2012. To feature the heat effect, the study period was restricted to the warm seasons in Guangzhou (1 May-31 October). We conducted a time-stratified case-crossover study to examine the association between ambient outdoor temperatures, including daily maximum and minimum temperatures, and cases of work-related injury. The relationships were assessed using conditional Poisson regression models. Overall, a total of 5418 workers' compensation claims were included over the study period. Both maximum and minimum temperatures were significantly associated with work-related injuries, but associations varied by subgroup. One °C increase in maximum temperature was associated with a 1.4% (RR = 1.014, 95%CIs 1.012-1.017) increase in daily injury claims. Significant associations were seen for male and middle-aged workers, workers in small and medium-sized enterprises, and those working in manufacturing sector. And 1 °C increase in minimum temperature was associated with 1.7% (RR = 1.017, 95%CIs 1.012-1.021) increase in daily injury claims. Significant associations were observed for female and middle-aged workers, workers in large-sized enterprises, and those working in transport and construction sectors. We found a higher risk of work-related injuries due to hot weather in Guangzhou, China. This study provides important epidemiological evidence for policy-makers and industry that may assist in the formulation of occupational safety and climate adaptation strategies. Copyright © 2018 Elsevier GmbH. All rights reserved.

A nationwide descriptive study of obstetric claims for compensation in Norway.

PubMed

Andreasen, Stine; Backe, Bjørn; Jørstad, Rolf Gunnar; Oian, Pål

2012-10-01

To describe causes of substandard care in obstetric compensation claims. A nationwide descriptive study in Norway. All obstetric patients who believed themselves inflicted with injuries by the Health Service and applying for compensation. Data were collected from 871 claims to The Norwegian System of Compensation to Patients during 1994-2008, of which 278 were awarded compensation. Type of injury and cause of substandard care. Of 871 cases, 278 (31.9%) resulted in compensation. Of those, asphyxia was the most common type of injury to the child (83.4%). Anal sphincter tear (29.9%) and infection (23.0%) were the most common types of injury to the mother. Human error, both by midwives (37.1% of all cases given compensation) and obstetricians (51.2%), was an important contributing factor in inadequate obstetric care. Neglecting signs of fetal distress (28.1%), more competent health workers not being called when appropriate (26.3%) and inadequate fetal monitoring (17.3%) were often observed. System errors such as time conflicts, neglecting written guidelines and poor organization of the department were infrequent causes of injury (8.3%). Fetal asphyxia is the most common reason for compensation, resulting in large financial expenses to society. Human error contributes to inadequate health care in 92% of obstetric compensation claims, although underlying system errors may also be present. © 2012 The Authors Acta Obstetricia et Gynecologica Scandinavica© 2012 Nordic Federation of Societies of Obstetrics and Gynecology.

Subpersonalities with dreaming functions in a patient with multiple personalities.

PubMed

Salley, R D

1988-02-01

A case report of the hypnotherapy and unusual dream work of a patient with multiple personality disorder is described. Two of his 13 personalities claimed a dream production function. These personalities claimed the ability to organize and create dreams in order to communicate with the host personality. In the course of therapy, clinical data are described that tend to support this claim. The data of this case are then briefly applied to some current models of dream function. Some dream theories with an information-processing and reprogramming emphasis are particularly supported by this case material.

Bad medicine: prescription drugs, preemption, and the potential for a no-fault fix.

PubMed

Smirniotopoulos, Amalea

2012-01-01

For decades, federal regulation of pharmaceutical drugs and medical devices has worked hand in hand with state tort claims to protect the health and safety of the American public. Now, a new trend toward preemption endangers this scheme. In recent years, the Supreme Court has given increasing deference to agency assertions about their preemptive authority and has found preemption in an increasing number of cases. In the process, the Supreme Court has preempted claims for medical device injuries and left claims for pharmaceutical harms in a precarious position. The elimination of common law claims for drug and device harms will leave holes in the FDA's regulatory scheme, endangering the health and safety of Americans. It will also prevent ordinary Americans from seeking compensation for their injuries--even those injuries caused by manufacturer malfeasance. This Article proposes that Congress create a no-fault compensation scheme for drugs and medical devices to close these gaps. Such a scheme could be both practical and politically possible, satisfying manufacturers, tort reformers, patients, and plaintiffs' lawyers alike.

32 CFR 751.8 - Adjudicating authorities.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual... claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims... $100,000: (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant...

32 CFR 751.8 - Adjudicating authorities.

Code of Federal Regulations, 2013 CFR

2013-07-01

..., Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual... claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims... $100,000: (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant...

32 CFR 751.8 - Adjudicating authorities.

Code of Federal Regulations, 2014 CFR

2014-07-01

..., Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual... claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims... $100,000: (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant...

32 CFR 751.8 - Adjudicating authorities.

Code of Federal Regulations, 2012 CFR

2012-07-01

..., Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual... claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims... $100,000: (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant...

32 CFR 751.8 - Adjudicating authorities.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., Military Personnel Services Branch; (v) Head, Personal Property Claims Section; and (vi) Any individual... claims up to any delegated amount not to exceed $40,000. (2) The Assistant Head, Personal Property Claims... $100,000: (i) The Judge Advocate General; (ii) The Deputy Judge Advocate General; (iii) Any Assistant...

From mobsters to managers. RIC0 (Racketeer Influenced and Corrupt Organizations Act) extends its reach beyond the underworld.

PubMed

Scott, J S

1989-10-01

The federal Racketeer influenced and Corrupt Organizations Act (RICO) was enacted in 1970 to combat the infiltration of organized crime into legitimate businesses operating in interstate commerce. During the first 10 years of its existence, the statute was applied almost exclusively in charges requiring criminal penalties. Section 1964 of RICO, however, allows civil remedies for injuries resulting from certain defined criminal activities. These civil remedies authorize treble damages and a reasonable attorney's fee. The Supreme Court has upheld the extension of this law to apply to general business activities, including hospitals. Hospitals risk involvement in civil RICO litigation as they become increasingly active in alternative healthcare businesses--medical supply operations real estate ventures, etc.--that involve public participation and the sale of securities, partnership units, and other equity interests. A disgruntled investor in a failed venture may initiate litigation. Other areas where hospitals are vulnerable to RICO claims include medical staff grievances, involvement in health maintenance organizations, and profile protest activities. The RICO civil provisions contain five basic elements: injury, person, enterprise, pattern of racketeering activity, and interstate or foreign commerce. Basically, this means that any person injured by the unlawful conduct of a person who is employed by or associated with any enterprise that engages in a pattern of activity which affects interstate commerce is entitled to civil RICO damages.

Manual handling incident claims in the healthcare sector: Factors and outcomes.

PubMed

Dockrell, Sara; Johnson, Muriel; Ganly, Joe; Bennett, Kathleen

2011-01-01

Manual handling (MH) incidents may result in injury, absenteeism and/or compensation claim. This study investigated the factors associated with MH incidents among healthcare workers who had made a claim, and the management and outcome of those workers. A national sample of healthcare sector MH incident claim files (n=247) were accessed and 35~files met the inclusion criteria. Data were collected and presented graphically or descriptively using percentages (and 95% Confidence intervals, CI). Chi-square (χ2) tests were used for comparing proportions between groups. SPSS (v14.0) was used for analysis. Significance at p<0.05 is assumed. Attendants accounted for the highest number of claimants. The majority of claims (74%, 95% CI 68%, 81%) were for back injury; 11% (8%, 15%) for neck injury. Fifty-one percent (43%, 60%) involved patient-handling tasks at the time of incident; 46% (37%, 54%) involved inanimate handling. Ninety-one percent (89%, 94%) took sick leave, with 52% (43%, 60%) taking > 52 weeks. Only 58% (49%, 65%) returned to work. Claimants who had been in communication with employers were significantly more likely to return to work than those who did not (χ2 test, p=0.017). Improved management of MH incidents and injured workers are recommended.

New EEOC guidance seen as helpful, but not decisive.

PubMed

1997-03-21

The Equal Employment Opportunity Commission (EEOC) concluded that a person who applies for disability benefits does not forfeit his rights to claim employment discrimination under the Americans with Disabilities Act (ADA). Judges are not obligated to follow the EEOC opinion and are likely to continue to dismiss ADA claims if patients said they were disabled when applying for benefits. To be eligible for Social Security benefits, a person must claim to be unable to work. To be a qualified individual with a disability under the ADA, the person must be able to work with or without reasonable accommodation. The EEOC states that an application for benefits is not necessarily inconsistent with a claim that a person is a qualified individual with a disability under the ADA because the statute's standards are fundamentally different from those of disability benefits programs. Because of these differences, courts should not summarily dismiss ADA claims, but should instead conduct individual analyses.

[The National Vaccine Injury Compensation Program in Japan].

PubMed

Ihara, Toshiaki

2011-09-01

Two vaccination systems have been employed in Japan, the routine vaccination and the voluntary vaccination. The National Vaccine Injury Compensation Program in Japan is no-fault system. Claims after the routine vaccination are demanded to the Ministry of Health, Labour and Welfare through local governments, and compensation is more expenses. Meanwhile, claims after the voluntary vaccination are demanded to the Pharmaceuticals and Medical Device Agency directly, and compensation is less compared with the routine vaccination.

Update on the National Vaccine Injury Compensation Program.

PubMed

Edlich, Richard F; Olson, Dana M; Olson, Brianna M; Greene, Jill Amanda; Gubler, K Dean; Winters, Kathryne L; Kelley, Angela R; Britt, L D; Long, William B

2007-08-01

The National Childhood Vaccine Injury Act of 1986, as amended, established the Vaccine Injury Compensation Program (VICP). The VICP went into effect on October 1, 1988 and is a Federal "no-fault" system designed to compensate individuals, or families of individuals, who have been injured by covered vaccines. From 1988 until July 2006, a total of 2531 non-autism/thimerosal and 5030 autism/thimerosal claims were made to the VICP. The compensation paid for the non-autism/thimerosal claims from 1988 until 2006 was $902,519,103.37 for 2542 awards. There was no compensation for any of the autism/thimerosal claims. On the basis of the deaths and extensive suffering to patients and families from the adverse reactions to vaccines, all physicians must provide detailed information in the Vaccine Information Statement to the patient or the parent or legal guardian of the child about the potential dangers of vaccines as well as the VICP.

44 CFR 11.76 - Claims procedures.

Code of Federal Regulations, 2010 CFR

2010-10-01

... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

44 CFR 11.76 - Claims procedures.

Code of Federal Regulations, 2011 CFR

2011-10-01

... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

44 CFR 11.76 - Claims procedures.

Code of Federal Regulations, 2014 CFR

2014-10-01

... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

44 CFR 11.76 - Claims procedures.

Code of Federal Regulations, 2012 CFR

2012-10-01

... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

44 CFR 11.76 - Claims procedures.

Code of Federal Regulations, 2013 CFR

2013-10-01

... applicable case enumerated in § 11.73(c)(8). (h) Money. Claims for loss of money deposited for safekeeping... person or persons who received money and any others involved; (2) Name and designation of the authority... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or mobile...

77 FR 65631 - Retrospective Review Under E.O. 13563: Seamen's Claims; Admiralty Extension Act Claims; and...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-30

... and all other penalty provisions for making false, fictitious, or fraudulent claims, statements or...'s knowledge, information, and belief. If the person's signature does not include the first name... the claimant's knowledge, information, and belief. If the person's signature does not include the...

75 FR 63425 - Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-15

...) Traumatic injury. If the individual claims compensation for a traumatic injury, the date of injury is the... vessels may be excluded from the definition of ``employee'' when: (1) The individual's date of injury is before February 17, 2009, the injury is covered under a State workers' compensation law, and the...

The cost and distribution of firefighter injuries in a large Canadian Fire Department.

PubMed

Frost, D M; Beach, T A C; Crosby, I; McGill, S M

2016-11-22

There is limited data available regarding the cost of firefighter injuries. This information is necessary to develop targeted injury prevention strategies. To categorize the cost of injuries filed in 2012 by firefighters from a from a large department by job duty, injury type, body part affected, and the general motion pattern employed at the time of injury. Data were taken from reports filed by CFD personnel and claims filed with the Workers' Compensation Board (WCB) of Alberta between January 1, 2012 and December 31, 2012. Of the 244 injuries reported, 65% were categorized as sprains and strains, the most frequent of which affected the back (32%). The total cost of all claims was $555,955; 77% were sprain/strain-related. Knee and back injuries were most costly ($157,383 and $100,459). Categorized by job duty, most sprains/strains (31%) were sustained while attending to fire station responsibilities, although physical training was associated with the highest costs (34%). Fireground operations were attributed to 18% of sprains/strains and 16% of costs. Lifting injuries were more frequent (23%) and costly (20%) than all injuries. The most common and costly injuries occurred while attending to fire station-related responsibilities and during physical training.

The relationship between worker, occupational and workplace characteristics and whether an injury requires time off work: a matched case-control analysis in Ontario, Canada.

PubMed

Smith, Peter; Chen, Cynthia; Mustard, Cameron; Hogg-Johnson, Sheilah; Tompa, Emile

2015-04-01

The objective of this study was to examine individual, occupational, and workplace level factors associated with time loss following a similar injury. Seven thousand three hundred and forty-eight workers' compensation claims that did not require time off work were matched with up to four claims that required time off work on the event, nature, and part of body injured as well as injury year. Conditional logistic regression models examined individual, occupational, and workplace level factors that were associated with the likelihood of not requiring time off work. Employees from firms with higher premium rates were more likely to report no time loss from work and workers in more physically demanding occupations were less likely to report no time loss from work. We observed no association between age or gender and the probability of a time loss claim submission. Our results suggest that insurance costs are an incentive for workplaces to adopt policies and practices that minimize time loss following a work injury. © 2015 Wiley Periodicals, Inc.

Concordance with a STOPP (Screening Tool of Older Persons' Potentially Inappropriate Prescriptions) Criterion in Nova Scotia, Canada: Benzodiazepine and Zoplicone Prescription Claims by Older Adults with Fall-related Hospitalizaions.

PubMed

Hill-Taylor, B; Sketris, I S; Gardner, D M; Thompson, K

2016-01-01

Optimization of prescribing in older adults is needed. The STOPP criteria provide a systematic way of identifying potentially inappropriate prescribing in this population. Previous research indicates poor concordance between benzodiazepine prescribing and STOPP. To determine the extent and predictors of benzodiazepine and zopiclone (BZD-Z) pharmacy dispensations in older adults with a history of a recent fall, in concordance with STOPP. Prescription claims data from the Nova Scotia Seniors' Phamacare Program were linked with fall-related injury data from the CIHI Discharge Abstract Database. Adults aged ≥ 66 years making a claim for a BZD-Z in the 100 days prior to fall-related hospitalization were identified. Their BZD-Z claims in the 100 days following discharge were also identified. Descriptive statistics, trend tests and logistical regression modelling were performed to examine predictors for continued use of BZD-Z post-fall. Over 5 years, from a pool of 8,271 older adults discharged following a fall-related hospitalization, 1,789 (21.6%) had made a claim for a BZD-Z in the 100 days prior to admission. Of these, 82% were women. Younger age and female sex were predictors of continuing BZD-Z dispensations post-fall. In the 100 days following discharge, 74.2% (n=1327) made a claim for at least one BZD-Z. BZD-Z use continued in 74% of patients following discharge from a fall-related hospitalization, representing limited concordance with the STOPP criterion. Such hospitalizations and follow-up care present an opportunity to address an ongoing modifiable risk factor.

20 CFR 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after...

Code of Federal Regulations, 2011 CFR

2011-04-01

... occupational disease claims which become manifest after retirement. 702.603 Section 702.603 Employees' Benefits...' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Occupational Disease Which Does Not... disease claims which become manifest after retirement. (a) If the time of injury occurs within the first...

76 FR 54112 - James Zadroga 9/11 Health and Compensation Act of 2010

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-31

... in the smoke cloud were most intense within and very near Ground Zero. By the time the smoke cloud... to eliminate consumption deductions when computing economic loss for injury claims. Accordingly, no... will consider such information in the context of the full claim. IV. Funding and Payment of Claims A...

20 CFR 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after...

Code of Federal Regulations, 2012 CFR

2012-04-01

... occupational disease claims which become manifest after retirement. 702.603 Section 702.603 Employees' Benefits...' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Occupational Disease Which Does Not... disease claims which become manifest after retirement. (a) If the time of injury occurs within the first...

20 CFR 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after...

Code of Federal Regulations, 2014 CFR

2014-04-01

... occupational disease claims which become manifest after retirement. 702.603 Section 702.603 Employees' Benefits...' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Occupational Disease Which Does Not... disease claims which become manifest after retirement. (a) If the time of injury occurs within the first...

20 CFR 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after...

Code of Federal Regulations, 2013 CFR

2013-04-01

... occupational disease claims which become manifest after retirement. 702.603 Section 702.603 Employees' Benefits...' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Occupational Disease Which Does Not... disease claims which become manifest after retirement. (a) If the time of injury occurs within the first...

32 CFR 1659.1 - Claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... from the date on which the expenses were incurred. (e) No such claim shall be allowed in case it is determined that the cause of injury, illness, or death was due to negligence or misconduct of the registrant... Service Act in any one case. (g) Payment of such claims when allowed shall be made only: (1) Directly to...

Development of methods for using workers' compensation data for surveillance and prevention of occupational injuries among State-insured private employers in Ohio.

PubMed

Wurzelbacher, Steven J; Al-Tarawneh, Ibraheem S; Meyers, Alysha R; Bushnell, P Timothy; Lampl, Michael P; Robins, David C; Tseng, Chih-Yu; Wei, Chia; Bertke, Stephen J; Raudabaugh, Jill A; Haviland, Thomas M; Schnorr, Teresa M

2016-12-01

Workers' compensation (WC) claims data may be useful for identifying high-risk industries and developing prevention strategies. WC claims data from private-industry employers insured by the Ohio state-based workers' compensation carrier from 2001 to 2011 were linked with the state's unemployment insurance (UI) data on the employer's industry and number of employees. National Labor Productivity and Costs survey data were used to adjust UI data and estimate full-time equivalents (FTE). Rates of WC claims per 100 FTE were computed and Poisson regression was used to evaluate differences in rates. Most industries showed substantial claim count and rate reductions from 2001 to 2008, followed by a leveling or slight increase in claim count and rate from 2009 to 2011. Despite reductions, there were industry groups that had consistently higher rates. WC claims data linked to employment data could be used to prioritize industries for injury research and prevention activities among State-insured private employers. Am. J. Ind. Med. 59:1087-1104, 2016. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

Development and evaluation of a Naïve Bayesian model for coding causation of workers’ compensation claims☆

PubMed Central

Bertke, S. J.; Meyers, A. R.; Wurzelbacher, S. J.; Bell, J.; Lampl, M. L.; Robins, D.

2015-01-01

Introduction Tracking and trending rates of injuries and illnesses classified as musculoskeletal disorders caused by ergonomic risk factors such as overexertion and repetitive motion (MSDs) and slips, trips, or falls (STFs) in different industry sectors is of high interest to many researchers. Unfortunately, identifying the cause of injuries and illnesses in large datasets such as workers’ compensation systems often requires reading and coding the free form accident text narrative for potentially millions of records. Method To alleviate the need for manual coding, this paper describes and evaluates a computer auto-coding algorithm that demonstrated the ability to code millions of claims quickly and accurately by learning from a set of previously manually coded claims. Conclusions The auto-coding program was able to code claims as a musculoskeletal disorders, STF or other with approximately 90% accuracy. Impact on industry The program developed and discussed in this paper provides an accurate and efficient method for identifying the causation of workers’ compensation claims as a STF or MSD in a large database based on the unstructured text narrative and resulting injury diagnoses. The program coded thousands of claims in minutes. The method described in this paper can be used by researchers and practitioners to relieve the manual burden of reading and identifying the causation of claims as a STF or MSD. Furthermore, the method can be easily generalized to code/classify other unstructured text narratives. PMID:23206504

Consumer understanding, interpretation and perceived levels of personal responsibility in relation to satiety-related claims.

PubMed

Bilman, Els M; Kleef, Ellen van; Mela, David J; Hulshof, Toine; van Trijp, Hans C M

2012-12-01

The aim of this study was to explore (a) whether and how consumers may (over-) interpret satiety claims, and (b) whether and to what extent consumers recognize that personal efforts are required to realize possible satiety-related or weight loss benefits. Following means-end chain theory, we explored for a number of satiety claims the extent of inference-making to higher-level benefits than actually stated in the claim, using internet-based questions and tasks. Respondents (N=1504) in U.K., France, Italy and Germany participated in the study. The majority of these respondents correctly interpret satiety-related claims; i.e. they largely limit their interpretation to what was actually stated. They do not expect a "magic bullet" effect, but understand that personal efforts are required to translate product attributes into potential weight control benefits. Less-restrained eaters were at lower risk for over-interpreting satiety-related claims, whilst respondents with a stronger belief that their weight is something that they can control accept more personal responsibility, and better understand that personal efforts are required to be effective in weight control. Overall, these results indicate there is likely to be a relatively low level of consumer misinterpretation of satiety-related claims on food products. Copyright © 2012 International Life Sciences Institute. Published by Elsevier Ltd.. All rights reserved.

Early predictors of occupational back reinjury: results from a prospective study of workers in Washington State.

PubMed

Keeney, Benjamin J; Turner, Judith A; Fulton-Kehoe, Deborah; Wickizer, Thomas M; Chan, Kwun Chuen Gary; Franklin, Gary M

2013-01-15

Prospective population-based cohort study. To identify early predictors of self-reported occupational back reinjury within 1 year after work-related back injury. Back injuries are the costliest and most prevalent disabling occupational injuries in the United States. A substantial proportion of workers with back injuries have reinjuries after returning to work, yet there are few studies of risk factors for occupational back reinjuries. We aimed to identify the incidence and early (in the claim) predictors of self-reported back reinjury by approximately 1 year after the index injury among Washington State workers with new work disability claims for back injuries. The Washington Workers' Compensation Disability Risk Identification Study Cohort provided a large, population-based sample with information on variables in 7 domains: sociodemographic, employment-related, pain and function, clinical status, health care, health behavior, and psychological. We conducted telephone interviews with workers 3 weeks and 1 year after submission of a time-loss claim for the injury. We first identified predictors (P < 0.10) of self-reported reinjury within 1 year in bivariate analyses. Those variables were then included in a multivariate logistic regression model predicting occupational back reinjury. A total of 290 (25.8%) of 1123 (70.0% response rate) workers who completed the 1-year follow-up interview and had returned to work reported having reinjured their back at work. Baseline variables significantly associated with reinjury (P < 0.05) in the multivariate model included male sex, constant whole-body vibration at work, previous similar injury, 4 or more previous claims of any type, possessing health insurance, and high fear-avoidance scores. Baseline obesity was associated with reduced odds of reinjury. No other employment-related or psychological variables were significant. One-fourth of the workers who received work disability compensation for a back injury self-reported reinjury after returning to work. Baseline variables in multiple domains predicted occupational back reinjury. Increased knowledge of early risk factors for reinjury may help to lead to interventions, such as efforts to reduce fear avoidance and graded activity to promote recovery, effective in lowering the risk of reinjury.

Factors predisposing to claims and compensations for patient injuries following total hip and knee arthroplasty

PubMed Central

2012-01-01

Background and purpose Factors associated with malpractice claims are poorly understood. Knowledge of these factors could help to improve patient safety. We investigated whether patient characteristics and hospital volume affect claims and compensations following total hip arthroplasty (THA) and knee arthroplasty (TKA) in a no-fault scheme. Methods A retrospective registry-based study was done on 16,646 THAs and 17,535 TKAs performed in Finland from 1998 through 2003. First, the association between patient characteristics—e.g., age, sex, comorbidity, prosthesis type—and annual hospital volume with filing of a claim was analyzed by logistic regression. Then, multinomial logistic regression was applied to analyze the association between these same factors and receipt of compensation. Results For THA and TKA, patients over 65 years of age were less likely to file a claim than patients under 65 (OR = 0.57, 95% CI: 0.46–0.72 and OR = 0.65, CI: 0.53–0.80, respectively), while patients with increased comorbidity were more likely to file a claim (OR = 1.17, CI: 1.04–1.31 and OR = 1.14, CI: 1.03-1.26, respectively). Following THA, male sex and cemented prosthesis reduced the odds of a claim (OR = 0.74, CI: 0.60–0.91 and OR = 0.77, CI: 0.60–0.99, respectively) and volume of between 200 and 300 operations increased the odds of a claim (OR = 1.29, CI: 1.01–1.64). Following TKA, a volume of over 300 operations reduced the probability of compensation for certain injury types (RRR = 0.24, CI: 0.08–0.72). Interpretation Centralization of TKA to hospitals with higher volume may reduce the rate of compensable patient injuries. Furthermore, more attention should be paid to equal opportunities for patients to file a claim and obtain compensation. PMID:22401679

The National Childhood Vaccine Injury Act: A Chance for Families.

ERIC Educational Resources Information Center

Gage, Jack; And Others

1989-01-01

The article describes the National Childhood Vaccine Injury Act which provides for recovery awards for vaccine-related injuries caused by diphtheria, pertussis, tetanus, polio, measles, mumps, and rubella vaccines. A Vaccine Injury Table lists types of disabilities covered and time periods for first symptoms. The claims process, legal assistance,…

The health of California's immigrant hired farmworkers.

PubMed

Villarejo, Don; McCurdy, Stephen A; Bade, Bonnie; Samuels, Steve; Lighthall, David; Williams, Daniel

2010-04-01

Hispanic immigrant workers dominate California's hired farm workforce. Little is known about their health status; even less is known about those lacking employment authorization. The California Agricultural Workers Health Survey (CAWHS) was a statewide cross-sectional household survey conducted in 1999. Six hundred fifty-four workers completed in-person interviews, comprehensive physical examinations, and personal risk behavior interviews. The CAWHS PE Sample is comprised mostly of young Mexican men who lack health insurance and present elevated prevalence of indicators of chronic disease: overweight, obesity, high blood pressure, and high serum cholesterol. The self-reported, cumulative, farm work career incidence of paid claims for occupational injury under workers compensation was 27% for males and 11% for females. The survey finds elevated prevalence of indicators of chronic disease but lack of health care access. Participants without employment authorization reported a greater prevalence of high-risk behaviors, such as binge drinking, and were less knowledgeable about workplace protections. (c) 2010 Wiley-Liss, Inc.

Exploring the relationship between employer recordkeeping and underreporting in the BLS Survey of Occupational Injuries and Illnesses

PubMed Central

Wuellner, Sara E; Bonauto, David K

2014-01-01

Background Little empirical data exist to identify the reasons for underreporting in the US Bureau of Labor Statistics (BLS) non-fatal occupational injury and illness data. Methods We interviewed occupational injury and illness record keepers from Washington State establishments that participated in the 2008 BLS Survey of Occupational Injuries and Illnesses (SOII). Qualitative and quantitative methods were used to explore recordkeeping and business practices that may explain SOII's incomplete case capture compared with WC claims data. Results Most participants (90%) did not comply with OSHA recordkeeping regulations. Other factors including using workplace injury data to evaluate supervisors' or SOII respondent's job performance, recording injuries for a worksite that operates multiple shifts, and failing to follow SOII instructions were more common among establishments with unreported WC claims. Conclusion Business practices that incentivize low injury rates, disorganized recordkeeping, and limited communication between BLS and survey respondents are barriers to accurate employer reports of work-related injuries and illnesses. Am. J. Ind. Med. 57:1133–1143, 2014. © 2014 The Authors. American Journal of Industrial Medicine published by Wiley Periodicals, Inc. PMID:25099477

The effect of trampoline parks on presentations to the Christchurch Emergency Department.

PubMed

Roffe, Lloyd; Pearson, Scott; Sharr, Johnathan; Ardagh, Michael

2018-01-19

To analyse trampoline-related injuries suffered after the opening of two new trampoline parks in Christchurch. Data was collected from three 90-day periods. All trampoline-related injuries were collected from electronic documentation and coding. Those injured after both arenas opened were contacted and a semi-structured interview performed. In the 90 days after both parks opened there were 602 claims for trampoline-related injuries with 106 hospital presentations (55% male). This was a significant increase (p<0.01) from one year earlier (333 claims, 37 hospital presentations) and the 90 days prior to their opening (201 claims, 15 hospital presentations). Most injuries affected an older group of children, aged between 10-14 years (26%, n=28), compared to the other two periods (p<0.01). There was also a greater proportion of lower-limb injuries (52%, n=55) compared to the other two periods (p<0.01). Thirty-six required hospital admission, with 29 operations and an average length of stay of 2.11 days. One trampoline park allowed two or more people to use the same trampoline at the same time, and had over twice as many presentations (33%, n=35) than the other trampoline park (14%, n=15). Christchurch saw a significant increase in trampoline-related injuries after the opening of two new parks. These injuries involved an older group of children, affected predominantly the lower limbs and were more severe than those reported from the use of domestic trampolines. Consistent with past research, the trampoline park allowing multiple users had a higher proportion of presentations and more injuries requiring operative intervention.

Quality of life following road traffic injury: A systematic literature review.

PubMed

Rissanen, Ritva; Berg, Hans-Yngve; Hasselberg, Marie

2017-11-01

To assess and provide a systematic overview of current knowledge about the relationship between quality of life (QoL) and road traffic injury, and to appraise how QoL is affected by road traffic injury. A systematic review of the literature published since 1990 on QoL after a road traffic injury, including adult and paediatric populations, from three databases (Pubmed, PsychInfo and SafetyLit) was undertaken. The methodological quality was assessed according to the Newcastle-Ottawa Quality Assessment Scale. Thirty articles were included and assessed for quality. The QoL scores of those injured were similar to population norms at the first assessment, followed by a drop at the second assessment. An increase of QoL from the second to third assessment was reported, but participants never reached the population norms at the last follow-up (range six weeks to two years), with an exception of those claiming compensation and those with lower extremity fractures. Age, gender, socioeconomic status, injury severity, injury type and post-traumatic stress disorder were associated with reduced QoL. Available literature regarding QoL among injured in road traffic crashes is heterogeneous with regard to aims and tools used for assessment. Our review confirmed that independent of measure, the overall QoL was significantly reduced after a road traffic injury compared to the general population norms. Persons who are older, of female gender, lower socioeconomic status, diagnosed with post-traumatic stress disorder, with more severe injuries or injuries to the lower limbs are more vulnerable to loss of QoL following road traffic injury compared to other patient groups injured in road traffic crashes. Copyright © 2017 Elsevier Ltd. All rights reserved.

20 CFR 701.504 - When does the recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009...

Code of Federal Regulations, 2013 CFR

2013-04-01

.... The following rules apply to determining the date of injury: (1) Traumatic injury. If the individual claims compensation for a traumatic injury, the date of injury is the date the employee suffered harm... recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009 apply? (a) Date of injury...

20 CFR 701.504 - When does the recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009...

Code of Federal Regulations, 2014 CFR

2014-04-01

.... The following rules apply to determining the date of injury: (1) Traumatic injury. If the individual claims compensation for a traumatic injury, the date of injury is the date the employee suffered harm... recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009 apply? (a) Date of injury...

20 CFR 701.504 - When does the recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009...

Code of Federal Regulations, 2012 CFR

2012-04-01

.... The following rules apply to determining the date of injury: (1) Traumatic injury. If the individual claims compensation for a traumatic injury, the date of injury is the date the employee suffered harm... recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009 apply? (a) Date of injury...

Economic benefit of the PHLAME wellness programme on firefighter injury.

PubMed

Kuehl, K S; Elliot, D L; Goldberg, L; Moe, E L; Perrier, E; Smith, J

2013-04-01

Work-related injuries and illness are prevalent and costly. Firefighting is especially hazardous and many firefighters sustain work-related injuries. Workplace health promotion programmes have shown positive return on investment (ROI). Little is known about how similar programmes would impact injury and cost among firefighters. To evaluate the impact of a workplace health promotion intervention on workers' compensation (WC) claims and medical costs among Oregon fire departments participating in the PHLAME (Promoting Healthy Lifestyles: Alternative Models' Effects) health promotion programme compared with Oregon fire departments not participating in PHLAME. Data from firefighters from four large urban fire departments in Oregon were evaluated using a retrospective quasi-experimental study design. Outcomes were (i) total annual firefighter WC claims, (ii) total annual incurred medical costs prior to and after implementation of the PHLAME firefighter worksite health promotion programme (iii) and an ROI analysis. Data were obtained from 1369 firefighters (mean age of 42 years, 91% white, 93% male). WC claims (P < 0.001) and medical costs (P < 0.01) were significantly lower among PHLAME fire departments compared with Oregon fire departments not participating in the programme. Fire departments participating in the PHLAME TEAM programme demonstrated a positive ROI of 4.61-1.00 (TEAM is used to indicate the 12-session peer-led health promotion programme). Fire department WC claims and medical costs were reduced after implementation of the PHLAME workplace health promotion programme. This is a low cost, team-based, peer-led, wellness programme that may provide a feasible, cost-effective means to reduce firefighter injury and illness rates.

Economic benefit of the PHLAME wellness programme on firefighter injury

PubMed Central

2013-01-01

Background Work-related injuries and illness are prevalent and costly. Firefighting is especially hazardous and many firefighters sustain work-related injuries. Workplace health promotion programmes have shown positive return on investment (ROI). Little is known about how similar programmes would impact injury and cost among firefighters. Aims To evaluate the impact of a workplace health promotion intervention on workers’ compensation (WC) claims and medical costs among Oregon fire departments participating in the PHLAME (Promoting Healthy Lifestyles: Alternative Models’ Effects) health promotion programme compared with Oregon fire departments not participating in PHLAME. Methods Data from firefighters from four large urban fire departments in Oregon were evaluated using a retrospective quasi-experimental study design. Outcomes were (i) total annual firefighter WC claims, (ii) total annual incurred medical costs prior to and after implementation of the PHLAME firefighter worksite health promotion programme (iii) and an ROI analysis. Results Data were obtained from 1369 firefighters (mean age of 42 years, 91% white, 93% male). WC claims (P < 0.001) and medical costs (P < 0.01) were significantly lower among PHLAME fire departments compared with Oregon fire departments not participating in the programme. Fire departments participating in the PHLAME TEAM programme demonstrated a positive ROI of 4.61–1.00 (TEAM is used to indicate the 12-session peer-led health promotion programme). Conclusions Fire department WC claims and medical costs were reduced after implementation of the PHLAME workplace health promotion programme. This is a low cost, team-based, peer-led, wellness programme that may provide a feasible, cost-effective means to reduce firefighter injury and illness rates. PMID:23416849

The impact of heatwaves on workers' health and safety in Adelaide, South Australia

DOE Office of Scientific and Technical Information (OSTI.GOV)

Xiang, Jianjun; Bi, Peng, E-mail: peng.bi@adelaide.edu.au; Pisaniello, Dino

This study aims to investigate the impact of heatwaves on worker's health and safety; to identify workers at higher risk of prevalent illnesses and injuries due to heatwaves; and to provide evidence for policy-makers and service providers. South Australian workers' compensation claims data for 2001–2010 were transformed into time series format, merged with meteorological data and analysed using generalized estimating equation (GEE) models. For total injury claims there was no significant difference detected between heatwave and non-heatwave periods. However, for outdoor industries, daily claims increased significantly by 6.2% during heatwaves. Over-represented in hot weather were male labourers and tradespersons agedmore » ≥55 years, and those employed in ‘agriculture, forestry and fishing’ and ‘electricity, gas and water’. Occupational burns, wounds, lacerations, and amputations as well as heat illnesses were significantly associated with heatwaves. Similarly, moving objects, contact with chemicals, and injuries related to environmental factors increased significantly during heatwaves, especially among middle-aged and older male workers. With the predicted increase of extremely hot weather, there is a need for relevant adaptation and prevention measures at both practice and policy levels for vulnerable work groups. - Highlights: • We investigate the impacts of heatwaves on workers' health and safety. • We identify workers at higher risk of illnesses and injuries during heatwaves. • The differences between two heatwave definitions on effect estimates are compared. • Daily injury claims for outdoor industries increased by 6.2% during heatwaves. • Relevant heat prevention measures are required for vulnerable workers.« less

14 CFR 1261.304 - Place of filing claim.

Code of Federal Regulations, 2011 CFR

2011-01-01

... United States should be submitted to the Chief Counsel of the NASA Installation whose activities are believed to have given rise to the claimed injury, loss, or death. If the identity of such installation is...

41 CFR 102-41.135 - How much reimbursement do we pay the former owner when he or she files a claim for unclaimed...

Code of Federal Regulations, 2011 CFR

2011-01-01

... do we pay the former owner when he or she files a claim for unclaimed personal property that we no... Management Regulations System (Continued) FEDERAL MANAGEMENT REGULATION PERSONAL PROPERTY 41-DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY Unclaimed Personal Property...

41 CFR 102-41.135 - How much reimbursement do we pay the former owner when he or she files a claim for unclaimed...

Code of Federal Regulations, 2010 CFR

2010-07-01

... do we pay the former owner when he or she files a claim for unclaimed personal property that we no... Management Regulations System (Continued) FEDERAL MANAGEMENT REGULATION PERSONAL PROPERTY 41-DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY Unclaimed Personal Property...

Targeting a high-risk group for fall prevention: strategies for health plans.

PubMed

Jennings, Lee A; Reuben, David B; Kim, Sung-Bou; Keeler, Emmett; Roth, Carol P; Zingmond, David S; Wenger, Neil S; Ganz, David A

2015-09-01

Although Medicare has implemented incentives for health plans to reduce fall risk, the best way to identify older people at high risk of falling and to use screening results to target fall prevention services remains unknown. We evaluated 4 different strategies using a combination of administrative data and patient-reported information that health plans could easily obtain. Observational study. We used data from 1776 patients 75 years or older in 4 community-based primary care practices who screened positive for a fear of falling and/or a history of falls. For these patients, we predicted fall-related injuries in the 24 months after the date of screening using claims/encounter data. After controlling for age and gender, we predicted the number of fall-related injuries by adding Elixhauser comorbidity count, any claim for a fall-related injury during the 12 months prior to screening, and falls screening question responses in a sequential fashion using negative binomial regression models. Basic patient characteristics, including age and Elixhauser comorbidity count, were strong predictors of fall-related injury. Among falls screening questions, a positive response to, "Have you fallen 2 or more times in the past year?" was the most predictive of a fall-related injury (incidence rate ratio [IRR], 1.56; 95% CI, 1.25-1.94). Prior claim for a fall-related injury also independently predicted this type of injury (IRR, 1.41; 95% CI, 1.05-1.89). The best model for predicting fall-related injuries combined all of these approaches. The combination of administrative data and a simple screening item can be used by health plans to target patients at high risk for future fall-related injuries.

A report on 15 years of clinical negligence claims in rhinology.

PubMed

Geyton, Thomas; Odutoye, Tunde; Mathew, Rajeev

2014-01-01

This study was designed to determine the characteristics of medical negligence claims in rhinology. In 2010-2011 the National Health Service (NHS) litigation bill surpassed 1 billion Great British Pounds (GBP; 1.52 billion U.S. dollars [US$]). Systematic analysis of malpractice complaints allows for the identification of errors and can thereby improve patient safety and reduce the burden of litigation claims on health services. Claims relating to ear, nose, and throat between 1995 and 2010 were obtained from the NHS Litigation Authority and were analyzed. The series contains 65 closed claims that resulted in payment totaling 3.1 million GBP (US$4.7 million). Fifty claims were related to surgical complications. Functional endoscopic sinus surgery and septoplasty were the procedures most commonly associated with successful claims. There were 11 cases of orbital injury including 6 cases of visual loss and 5 cases of diplopia. The most common cause of a claim was failure to recognize the complication or manage it appropriately. Lack of informed consent was claimed in eight cases. Other claims arose because of errors in outpatient procedures (two), diagnosis (six), delayed surgery (one), and errors in medical management (three). This is the first study to report the outcomes of negligence claims in rhinology in the United Kingdom. Claims in rhinology are associated with a high success rate. Steps that can be taken to reduce litigation include careful patient workup and ensuring adequate informed consent. Where there is a suspicion of orbital damage early recognition and intervention is needed to reduce long-term injury to the patient.

Industrial distributions of severe occupational injuries among workers in Thailand.

PubMed

Yamakawa, Michiyo; Sithisarankul, Pornchai; Yorifuji, Takashi; Hengpraprom, Sarunya; Hiransuthikul, Narin; Doi, Hiroyuki; Takao, Soshi

2014-01-01

In industrializing countries, occupational safety and health have been affected by globalization. However, a lack of reliable data prevents evaluation of this situation. Therefore, we examined industrial distributions and risks of severe occupational injuries among workers in Thailand, which is one of the few industrializing countries that compiles nationwide data. Data on workers who made claims for occupational injuries from 2007 to 2009 were extracted from the Workmen's Compensation Fund records in Thailand. Among 501,334 claimants, we evaluated the industrial distributions of severe occupational injuries (i.e., permanent disability and death). We then examined the associations between industry and those injuries, using proportionate ratios (PRs) between each industrial category and the overall distribution of occupational injuries. The number of workers in manufacturing making claims for severe occupational injuries was the largest among all industrial categories (319,114/501,334 injuries), although the total number of occupational injuries recently declined. Additionally, workers in manufacturing experienced severe occupational injuries more often compared with the overall distribution of occupational injuries. The PRs (95% confidence interval) for manufacturing were 1.17 (1.14-1.20) in men and 1.33 (1.27-1.38) in women. After adjusting for individual characteristics, the results did not substantially change. Manufacturing seems to have the largest burden of occupational injuries in industrializing countries like Thailand.

22 CFR 21.1 - Policy.

Code of Federal Regulations, 2013 CFR

2013-04-01

... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

22 CFR 21.1 - Policy.

Code of Federal Regulations, 2012 CFR

2012-04-01

... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

22 CFR 21.1 - Policy.

Code of Federal Regulations, 2014 CFR

2014-04-01

... decision. (h) Personal services contractors of the Department are considered employees for purposes of the... Department of State may settle or compromise a personal damages claim against an employee by the payment of available funds at any time, provided the alleged conduct giving rise to the personal damages claim was...

Effectiveness of OSHA Outreach Training on carpenters' work-related injury rates, Washington State 2000-2008.

PubMed

Schoenfisch, Ashley L; Lipscomb, Hester; Sinyai, Clayton; Adams, Darrin

2017-01-01

Despite the size and breadth of OSHA's Outreach Training program for construction, information on its impact on work-related injury rates is limited. In a 9-year dynamic cohort of 17,106 union carpenters in Washington State, the effectiveness of OSHA Outreach Training on workers' compensation claims rate was explored. Injury rates were calculated by training status overall and by carpenters' demographic and work characteristics using Poisson regression. OSHA Outreach Training resulted in a 13% non-significant reduction in injury claims rates overall. The protective effect was more pronounced for carpenters in their apprenticeship years, drywall installers, and with increasing time since training. In line with these observed effects and prior research, it is unrealistic to expect OSHA Outreach Training alone to have large effects on union construction workers' injury rates. Standard construction industry practice should include hazard awareness and protection training, coupled with more efficient approaches to injury control. Am. J. Ind. Med. 60:45-57, 2017. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

42 CFR 456.722 - Electronic claims management system.

Code of Federal Regulations, 2011 CFR

2011-10-01

... verifications, claims data capture, adjudication of claims, and to assist pharmacists and other authorized... pharmacist (or other authorized person, such as the dispensing physician) about the claim status. (iii...

42 CFR 456.722 - Electronic claims management system.

Code of Federal Regulations, 2010 CFR

2010-10-01

... verifications, claims data capture, adjudication of claims, and to assist pharmacists and other authorized... pharmacist (or other authorized person, such as the dispensing physician) about the claim status. (iii...

42 CFR 456.722 - Electronic claims management system.

Code of Federal Regulations, 2014 CFR

2014-10-01

... verifications, claims data capture, adjudication of claims, and to assist pharmacists and other authorized...) Notifying the pharmacist (or other authorized person, such as the dispensing physician) about the claim...

42 CFR 456.722 - Electronic claims management system.

Code of Federal Regulations, 2012 CFR

2012-10-01

... verifications, claims data capture, adjudication of claims, and to assist pharmacists and other authorized...) Notifying the pharmacist (or other authorized person, such as the dispensing physician) about the claim...

42 CFR 456.722 - Electronic claims management system.

Code of Federal Regulations, 2013 CFR

2013-10-01

... verifications, claims data capture, adjudication of claims, and to assist pharmacists and other authorized...) Notifying the pharmacist (or other authorized person, such as the dispensing physician) about the claim...

32 CFR 751.10 - Form of claim.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Claims Against the United States § 751.10 Form of claim. The claim should be submitted on DD Form 1842 (Claim for Personal Property) accompanied by DD Form 1844 (List of Property). If DD Forms 1842 and 1844 1...

Lawsuits After Primary and Revision Total Hip Arthroplasties: A Malpractice Claims Analysis.

PubMed

Patterson, Diana C; Grelsamer, Ronald P; Bronson, Michael J; Moucha, Calin S

2017-10-01

As the prevalence of total hip arthroplasty (THA) expands, so too will complications and patient dissatisfaction. The goal of this study was to identify the common etiologies of malpractice suits and costs of claims after primary and revision THAs. Analysis of 115 malpractice claims filed for alleged neglectful primary and revision THA surgeries by orthopedic surgeons insured by a large New York state malpractice carrier between 1983 and 2011. The incidence of malpractice claims filed for negligent THA procedures is only 0.15% per year in our population. In primary cases, nerve injury ("foot drop") was the most frequent allegation with 27 claims. Negligent surgery causing dislocation was alleged in 18 and leg length discrepancy in 14. Medical complications were also reported, including 3 thromboembolic events and 6 deaths. In revision cases, dislocation and infection were the most common source of suits. The average indemnity payment was $386,153 and the largest single settlement was $4.1 million for an arterial injury resulting in amputation after a primary hip replacement. The average litigation cost to the insurer was $61,833. Nerve injury, dislocation, and leg length discrepancy are the most common reason for malpractice after primary THA. Orthopedic surgeons should continue to focus on minimizing the occurrence of these complications while adequately incorporating details about the risks and limitations of surgery into their preoperative education. Copyright © 2017 Elsevier Inc. All rights reserved.

Priorities for injury prevention in women's Australian football: a compilation of national data from different sources.

PubMed

Fortington, Lauren V; Finch, Caroline F

2016-01-01

Participation in Australian football (AF) has traditionally been male dominated and current understanding of injury and priorities for prevention are based solely on reports of injuries in male players. There is evidence in other sports that indicates that injury types differ between males and females. With increasing participation in AF by females, it is important to consider their specific injury and prevention needs. This study aimed to provide a first injury profile from existing sources for female AF. Compilation of injury data from four prospectively recorded data sets relating to female AF: (1) hospital admissions in Victoria, 2008/09-13/14, n=500 injuries; (2) emergency department (ED) presentations in Victoria, 2008/09-2012/13, n=1,879 injuries; (3) insurance claims across Australia 2004-2013, n=522 injuries; (4) West Australian Women's Football League (WAWFL), 2014 season club data, n=49 injuries. Descriptive results are presented as injury frequencies, injury types and injury to body parts. Hospital admissions and ED presentations were dominated by upper limb injuries, representing 47% and 51% of all injuries, respectively, primarily to the wrist/hand at 32% and 40%. Most (65%) insurance claim injuries involved the lower limb, 27% of which were for knee ligament damage. A high proportion of concussions (33%) were reported in the club-collected data. The results provide the first compilation of existing data sets of women's AF injuries and highlight the need for a rigorous and systematic injury surveillance system to be instituted.

Translating and Transforming Care: People With Brain Injury and Caregivers Filling in a Disability Claim Form.

PubMed

Gillespie, Alex; Moore, Helen

2016-03-01

This article examines how the Disability Living Allowance claim form, used in the United Kingdom to allocate £13 billion of disability benefits, translates and transforms disability and care. Twenty-two people with acquired brain injury and their main informal caregivers (n = 44) were video-recorded filling in the disability claim form. Participants disagreed on 26% of the questions, revealing two types of problems. Translation problems arose as participants struggled to provide categorical responses to ambiguous questions and were unable to report contextual variability in care needs or divergences of perception. Transformation problems arose as participants resisted the way in which the form positioned them, forcing them to conceptualize their relationship in terms of dependency and burden. The disability claim form co-opts claimants to translate care and disability into bureaucratically predefined categories, and it transforms the care relationship that it purports to document. © The Author(s) 2015.

14 CFR 1261.107 - Evidence in support of claim.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Evidence in support of claim. 1261.107 Section 1261.107 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PROCESSING OF... statement from the claimant's supervisor or other person or persons having personal knowledge of the facts...

14 CFR 1261.107 - Evidence in support of claim.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Evidence in support of claim. 1261.107 Section 1261.107 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PROCESSING OF... statement from the claimant's supervisor or other person or persons having personal knowledge of the facts...

40 CFR 303.20 - Eligibility to file a claim for award.

Code of Federal Regulations, 2010 CFR

2010-07-01

... officers and persons convicted in the case giving rise to the award claim and any persons identified in.... (b) No person who was an employee of or contractor for the United States Environmental Protection... employee, agent or representative of the United States Environmental Protection Agency. ...

40 CFR 303.20 - Eligibility to file a claim for award.

Code of Federal Regulations, 2011 CFR

2011-07-01

... officers and persons convicted in the case giving rise to the award claim and any persons identified in.... (b) No person who was an employee of or contractor for the United States Environmental Protection... employee, agent or representative of the United States Environmental Protection Agency. ...

20 CFR 10.220 - When is an employer not required to pay COP?

Code of Federal Regulations, 2011 CFR

2011-04-01

... caused by a traumatic injury; (b) The employee is not a citizen of the United States or Canada; (c) No written claim was filed within 30 days from the date of injury; (d) The injury was not reported until after employment has been terminated; (e) The injury occurred off the employing agency's premises and...

20 CFR 10.220 - When is an employer not required to pay COP?

Code of Federal Regulations, 2013 CFR

2013-04-01

... caused by a traumatic injury; (b) The employee is not a citizen of the United States or Canada; (c) No written claim was filed within 30 days from the date of injury; (d) The injury was not reported until after employment has been terminated; (e) The injury occurred off the employing agency's premises and...

20 CFR 10.220 - When is an employer not required to pay COP?

Code of Federal Regulations, 2010 CFR

2010-04-01

... caused by a traumatic injury; (b) The employee is not a citizen of the United States or Canada; (c) No written claim was filed within 30 days from the date of injury; (d) The injury was not reported until after employment has been terminated; (e) The injury occurred off the employing agency's premises and...

20 CFR 10.220 - When is an employer not required to pay COP?

Code of Federal Regulations, 2014 CFR

2014-04-01

... caused by a traumatic injury; (b) The employee is not a citizen of the United States or Canada; (c) No written claim was filed within 30 days from the date of injury; (d) The injury was not reported until after employment has been terminated; (e) The injury occurred off the employing agency's premises and...

20 CFR 10.220 - When is an employer not required to pay COP?

Code of Federal Regulations, 2012 CFR

2012-04-01

... caused by a traumatic injury; (b) The employee is not a citizen of the United States or Canada; (c) No written claim was filed within 30 days from the date of injury; (d) The injury was not reported until after employment has been terminated; (e) The injury occurred off the employing agency's premises and...

45 CFR 505.1 - Persons eligible to file claims.

Code of Federal Regulations, 2010 CFR

2010-10-01

... TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED PROVISIONS OF GENERAL APPLICATION § 505.1 Persons... sections 5(i) and 6(f) of the War Claims Act of 1948, as amended, are: (a) Civilian American citizens... the Act; and (b) Members of the Armed Forces of the United States held as prisoners of war during the...

45 CFR 505.1 - Persons eligible to file claims.

Code of Federal Regulations, 2014 CFR

2014-10-01

... TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED PROVISIONS OF GENERAL APPLICATION § 505.1 Persons... sections 5(i) and 6(f) of the War Claims Act of 1948, as amended, are: (a) Civilian American citizens... the Act; and (b) Members of the Armed Forces of the United States held as prisoners of war during the...

45 CFR 505.1 - Persons eligible to file claims.

Code of Federal Regulations, 2012 CFR

2012-10-01

... TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED PROVISIONS OF GENERAL APPLICATION § 505.1 Persons... sections 5(i) and 6(f) of the War Claims Act of 1948, as amended, are: (a) Civilian American citizens... the Act; and (b) Members of the Armed Forces of the United States held as prisoners of war during the...

45 CFR 505.1 - Persons eligible to file claims.

Code of Federal Regulations, 2013 CFR

2013-10-01

... TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED PROVISIONS OF GENERAL APPLICATION § 505.1 Persons... sections 5(i) and 6(f) of the War Claims Act of 1948, as amended, are: (a) Civilian American citizens... the Act; and (b) Members of the Armed Forces of the United States held as prisoners of war during the...

45 CFR 505.1 - Persons eligible to file claims.

Code of Federal Regulations, 2011 CFR

2011-10-01

... TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED PROVISIONS OF GENERAL APPLICATION § 505.1 Persons... sections 5(i) and 6(f) of the War Claims Act of 1948, as amended, are: (a) Civilian American citizens... the Act; and (b) Members of the Armed Forces of the United States held as prisoners of war during the...

Health courts: an alternative to traditional tort law.

PubMed

Miller, Lisa A

2011-01-01

The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety.

Barefoot running claims and controversies: a review of the literature.

PubMed

Jenkins, David W; Cauthon, David J

2011-01-01

Barefoot running is slowly gaining a dedicated following. Proponents of barefoot running claim many benefits, such as improved performance and reduced injuries, whereas detractors warn of the imminent risks involved. Multiple publications were reviewed using key words. A review of the literature uncovered many studies that have looked at the barefoot condition and found notable differences in gait and other parameters. These findings, along with much anecdotal information, can lead one to extrapolate that barefoot runners should have fewer injuries, better performance, or both. Several athletic shoe companies have designed running shoes that attempt to mimic the barefoot condition and, thus, garner the purported benefits of barefoot running. Although there is no evidence that either confirms or refutes improved performance and reduced injuries in barefoot runners, many of the claimed disadvantages to barefoot running are not supported by the literature. Nonetheless, it seems that barefoot running may be an acceptable training method for athletes and coaches who understand and can minimize the risks.

45 CFR 504.4 - Place of filing claims.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Place of filing claims. 504.4 Section 504.4 Public... WAR CLAIMS ACT OF 1948, AS AMENDED FILING OF CLAIMS AND PROCEDURES THEREFOR § 504.4 Place of filing claims. Claims must be mailed or delivered in person to the Foreign Claims Settlement Commission, 600 E...

A methodology for the extraction of quantitative risk indexes from medical injuries compensation claims.

PubMed

Dalle Carbonare, Simona; Folli, Fulvia; Patrini, Emanuele; Bellazzi, Riccardo

2009-01-01

The prevention of adverse events and medical injuries due to malpractice or suboptimal delivery of health care services is one of the major concerns of citizens and Health Care Organizations. One way to understand adverse events is to analyze the compensation requests for medical injuries that are claimed to hospital or health care services. In this paper we describe the results obtained by applying a probabilistic model, called the actuarial model, to analyze 317 cases of injuries with compensation requests collected from 1999 to the first semester of 2007 by the Azienda Ospedaliera (A.O.) of Lodi, in the Northern part of Italy. The approach, adapted from operational and financial risk management, proved to be useful to understand the risk structure in terms of frequency, severity, expected and unexpected loss related to adverse events.

A probabilistic method for computing quantitative risk indexes from medical injuries compensation claims.

PubMed

Dalle Carbonare, S; Folli, F; Patrini, E; Giudici, P; Bellazzi, R

2013-01-01

The increasing demand of health care services and the complexity of health care delivery require Health Care Organizations (HCOs) to approach clinical risk management through proper methods and tools. An important aspect of risk management is to exploit the analysis of medical injuries compensation claims in order to reduce adverse events and, at the same time, to optimize the costs of health insurance policies. This work provides a probabilistic method to estimate the risk level of a HCO by computing quantitative risk indexes from medical injury compensation claims. Our method is based on the estimate of a loss probability distribution from compensation claims data through parametric and non-parametric modeling and Monte Carlo simulations. The loss distribution can be estimated both on the whole dataset and, thanks to the application of a Bayesian hierarchical model, on stratified data. The approach allows to quantitatively assessing the risk structure of the HCO by analyzing the loss distribution and deriving its expected value and percentiles. We applied the proposed method to 206 cases of injuries with compensation requests collected from 1999 to the first semester of 2007 by the HCO of Lodi, in the Northern part of Italy. We computed the risk indexes taking into account the different clinical departments and the different hospitals involved. The approach proved to be useful to understand the HCO risk structure in terms of frequency, severity, expected and unexpected loss related to adverse events.

18 CFR 367.9250 - Account 925, Injuries and damages.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Account 925, Injuries and damages. 367.9250 Section 367.9250 Conservation of Power and Water Resources FEDERAL ENERGY... company against injuries and damages claims of employees or others, losses of such character not covered...

20 CFR 61.4 - Definitions and use of terms.

Code of Federal Regulations, 2010 CFR

2010-04-01

... INJURY, DISABILITY, DEATH, OR ENEMY DETENTION OF EMPLOYEES OF CONTRACTORS WITH THE UNITED STATES CLAIMS...) The collision of vessels in convoy or the operation of vessels or aircraft without running lights or... District of Columbia. (j) Injury means injury resulting from a war-risk hazard, as defined in this section...

20 CFR 10.110 - What should the employer do when an employee files a notice of traumatic injury or occupational...

Code of Federal Regulations, 2011 CFR

2011-04-01

... files a notice of traumatic injury or occupational disease? 10.110 Section 10.110 Employees' Benefits...; Submitting Evidence Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.110 What should the employer do when an employee files a notice of traumatic injury or occupational disease? (a) The...

20 CFR 10.110 - What should the employer do when an employee files a notice of traumatic injury or occupational...

Code of Federal Regulations, 2010 CFR

2010-04-01

... files a notice of traumatic injury or occupational disease? 10.110 Section 10.110 Employees' Benefits...; Submitting Evidence Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.110 What should the employer do when an employee files a notice of traumatic injury or occupational disease? (a) The...

20 CFR 10.100 - How and when is a notice of traumatic injury filed?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false How and when is a notice of traumatic injury..., Disease, and Death-Employee Or Survivor's Actions § 10.100 How and when is a notice of traumatic injury filed? (a) To claim benefits under the FECA, an employee who sustains a work-related traumatic injury...

20 CFR 10.100 - How and when is a notice of traumatic injury filed?

Code of Federal Regulations, 2012 CFR

2012-04-01

... 20 Employees' Benefits 1 2012-04-01 2012-04-01 false How and when is a notice of traumatic injury..., Disease, and Death-Employee Or Survivor's Actions § 10.100 How and when is a notice of traumatic injury filed? (a) To claim benefits under the FECA, an employee who sustains a work-related traumatic injury...

20 CFR 10.100 - How and when is a notice of traumatic injury filed?

Code of Federal Regulations, 2014 CFR

2014-04-01

... 20 Employees' Benefits 1 2014-04-01 2012-04-01 true How and when is a notice of traumatic injury..., Disease, and Death-Employee Or Survivor's Actions § 10.100 How and when is a notice of traumatic injury filed? (a) To claim benefits under the FECA, an employee who sustains a work-related traumatic injury...

20 CFR 10.100 - How and when is a notice of traumatic injury filed?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false How and when is a notice of traumatic injury..., Disease, and Death-Employee Or Survivor's Actions § 10.100 How and when is a notice of traumatic injury filed? (a) To claim benefits under the FECA, an employee who sustains a work-related traumatic injury...

20 CFR 10.100 - How and when is a notice of traumatic injury filed?

Code of Federal Regulations, 2013 CFR

2013-04-01

... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true How and when is a notice of traumatic injury..., Disease, and Death-Employee Or Survivor's Actions § 10.100 How and when is a notice of traumatic injury filed? (a) To claim benefits under the FECA, an employee who sustains a work-related traumatic injury...

44 CFR 11.74 - Claims not allowed.

Code of Federal Regulations, 2014 CFR

2014-10-01

... business. Claims are not payable for property normally used for business or profit. (9) Unserviceable... arose during the conduct of personal business are not payable. (2) Subrogation claims. Claims based upon..., insurance policies, money orders, and traveler's checks. (12) Government property. Claims are not payable...

Trial by fire: a multivariate examination of the relation between job tenure and work injuries.

PubMed

Breslin, F C; Smith, P

2006-01-01

This study examined the relation between months on the job and lost-time claim rates, with a particular focus on age related differences. Workers' compensation records and labour force survey data were used to compute claim rates per 1000 full time equivalents. To adjust for potential confounding, multivariate analyses included age, sex, occupation, and industry, as well job tenure as predictors of claim rates. At any age, the claim rates decline as time on the job increases. For example, workers in the first month on the job were over four times more likely to have a lost-time claim than workers with over one year in their current job. The job tenure injury associations were stronger among males, the goods industry, manual occupations, and older adult workers. The present results suggest that all worker subgroups examined show increased risk when new on the job. Recommendations for improving this situation include earlier training, starting workers in low hazard conditions, reducing job turnover rates in firms, and improved monitoring of hazard exposures that new workers encounter.

Pain and suffering disability index.

PubMed

Brown, Melissa M; Brown, Gary C; Brown, Heidi; Sharma, Sanjay; Wagner, Thomas; Kraushar, Marvin

2006-06-01

This report summarizes the increasing financial resources required to deal with personal injury tort cases and medical malpractice. The largest single component in personal injury torts is noneconomic damages, which encompasses 'pain and suffering' and punitive damage, the latter of which comprises only a small percentage. Overall, noneconomic damages account for 24% of the greater than US$250 billion spent annually on personal injury torts. A pain and suffering disability index has been developed that quantifies the loss of life's value attributable to personal injury. Based upon time-tradeoff utility analysis, the value loss is predicated upon the values of people who have experienced the same degree of disability or injury as the plaintiff, only outside the courtroom environs. It is believed that the pain and suffering disability index will readily identify frivolous, personal injury torts, decrease the number of frivolous, personal injury torts, markedly decrease the variance of noneconomic tort settlements, facilitate the earlier settlement of personal injury tort cases, and decrease the proportion of personal injury tort cases progressing to jury trial. The pain and suffering disability index is a novel instrument that quantifies the 'pain and suffering' associated with a personal injury tort according to the values of patients who have experienced a similar injury outside the courtroom environs.

Priorities for injury prevention in women's Australian football: a compilation of national data from different sources

PubMed Central

Fortington, Lauren V; Finch, Caroline F

2016-01-01

Background/aim Participation in Australian football (AF) has traditionally been male dominated and current understanding of injury and priorities for prevention are based solely on reports of injuries in male players. There is evidence in other sports that indicates that injury types differ between males and females. With increasing participation in AF by females, it is important to consider their specific injury and prevention needs. This study aimed to provide a first injury profile from existing sources for female AF. Methods Compilation of injury data from four prospectively recorded data sets relating to female AF: (1) hospital admissions in Victoria, 2008/09–13/14, n=500 injuries; (2) emergency department (ED) presentations in Victoria, 2008/09–2012/13, n=1,879 injuries; (3) insurance claims across Australia 2004–2013, n=522 injuries; (4) West Australian Women's Football League (WAWFL), 2014 season club data, n=49 injuries. Descriptive results are presented as injury frequencies, injury types and injury to body parts. Results Hospital admissions and ED presentations were dominated by upper limb injuries, representing 47% and 51% of all injuries, respectively, primarily to the wrist/hand at 32% and 40%. Most (65%) insurance claim injuries involved the lower limb, 27% of which were for knee ligament damage. A high proportion of concussions (33%) were reported in the club-collected data. Conclusions The results provide the first compilation of existing data sets of women's AF injuries and highlight the need for a rigorous and systematic injury surveillance system to be instituted. PMID:27900171

Pathology-related cases in the Norwegian System of Patient Injury Compensation in the period 2010-2015.

PubMed

Alfsen, G Cecilie; Chen, Ying; Kähler, Hanne; Bukholm, Ida Rashida Khan

2016-12-01

The Norwegian System of Patient Injury Compensation (NPE) processes compensation claims from patients who complain about malpractice in the health services. A wrong diagnosis in pathology may cause serious injury to the patient, but the incidence of compensation claims is unknown, because pathology is not specified as a separate category in NPE’s statistics. Knowledge about errors is required to assess quality-enhancing measures. We have therefore searched through the NPE records to identify cases whose background stems from errors committed in pathology departments and laboratories. We have searched through the NPE records for cases related to pathology for the years 2010 – 2015. During this period the NPE processed a total of 26 600 cases, of which 93 were related to pathology. The compensation claim was upheld in 66 cases, resulting in total compensation payments amounting to NOK 63 million. False-negative results in the form of undetected diagnoses were the most frequent grounds for compensation claims (63 cases), with an undetected malignant melanoma (n = 23) or atypia in cell samples from the cervix uteri (n = 16) as the major groups. Sixteen cases involved non-diagnostic issues such as mix-up of samples (n = 8), contamination of samples (n = 4) or delayed responses (n = 4). The number of compensation claims caused by errors in pathology diagnostics is low in relative terms. The errors may, however, be of a serious nature, especially if malignant conditions are overlooked or samples mixed up.

20 CFR 10.112 - What should the employer do when an employee files a claim for continuing compensation due to...

Code of Federal Regulations, 2013 CFR

2013-04-01

... files a claim for continuing compensation due to disability? 10.112 Section 10.112 Employees' Benefits... the employer do when an employee files a claim for continuing compensation due to disability? (a) If the employee continues in a leave-without-pay status due to a work-related injury after the period of...

20 CFR 10.112 - What should the employer do when an employee files a claim for continuing compensation due to...

Code of Federal Regulations, 2012 CFR

2012-04-01

... files a claim for continuing compensation due to disability? 10.112 Section 10.112 Employees' Benefits... the employer do when an employee files a claim for continuing compensation due to disability? (a) If the employee continues in a leave-without-pay status due to a work-related injury after the period of...

20 CFR 10.112 - What should the employer do when an employee files a claim for continuing compensation due to...

Code of Federal Regulations, 2010 CFR

2010-04-01

... files a claim for continuing compensation due to disability? 10.112 Section 10.112 Employees' Benefits... the employer do when an employee files a claim for continuing compensation due to disability? (a) If the employee continues in a leave-without-pay status due to a work-related injury after the period of...

20 CFR 10.112 - What should the employer do when an employee files a claim for continuing compensation due to...

Code of Federal Regulations, 2011 CFR

2011-04-01

... files a claim for continuing compensation due to disability? 10.112 Section 10.112 Employees' Benefits... the employer do when an employee files a claim for continuing compensation due to disability? (a) If the employee continues in a leave-without-pay status due to a work-related injury after the period of...

20 CFR 10.112 - What should the employer do when an employee files a claim for continuing compensation due to...

Code of Federal Regulations, 2014 CFR

2014-04-01

... files a claim for continuing compensation due to disability? 10.112 Section 10.112 Employees' Benefits... the employer do when an employee files a claim for continuing compensation due to disability? (a) If the employee continues in a leave-without-pay status due to a work-related injury after the period of...

Medical malpractice in Taiwan: injury types, compensation, and specialty risk.

PubMed

Chen, Kuan-Yu; Yang, Che-Ming; Tsai, Shin-Han; Chiou, Hung-Yi; Lin, Mau-Roung; Chiu, Wen-Ta

2012-05-01

The authors analyzed all medical malpractice claims from 2000 to 2008 using cases from the national database of the judicial system of Taiwan. The objective was to describe the factors associated with malpractice claims in Taiwan, a non-Western country that does not have a common law heritage. Emergency physicians (EPs) were the most likely to be sued and made the highest median payments. Most lawsuits involved death or permanent injury. Eighty-two percent of the cases were settled in the physician's favor. © 2012 by the Society for Academic Emergency Medicine.

Financial and recovery worry one year after traumatic injury: A prognostic, registry-based cohort study.

PubMed

Ioannou, L; Cameron, P A; Gibson, S J; Ponsford, J; Jennings, P A; Georgiou-Karistianis, N; Giummarra, M J

2018-05-01

Levels of stress post-injury, especially after compensable injury, are known to be associated with worse long-term recovery. It is therefore important to identify how, and in whom, worry and stress manifest post-injury. This study aimed to identify demographic, injury, and compensation factors associated with worry about financial and recovery outcomes 12 months after traumatic injury. Participants (n = 433) were recruited from the Victorian Orthopaedic Trauma Outcomes Registry and Victorian State Trauma Registry after admission to a major trauma hospital in Melbourne, Australia. Participants completed questionnaires about pain, compensation experience and psychological wellbeing as part of a registry-based observational study. Linear regressions showed that demographic and injury factors accounted for 11% and 13% of variance in financial and recovery worry, respectively. Specifically, lower education, discharge to inpatient rehabilitation, attributing fault to another and having a compensation claim predicted financial worry. Worry about recovery was only predicted by longer hospital stay and attributing fault to another. In all participants, financial and recovery worry were associated with worse pain (severity, interference, catastrophizing, kinesiophobia, self-efficacy), physical (disability, functioning) and psychological (anxiety, depression, PTSD, perceived injustice) outcomes 12 months post-injury. In participants who had transport (n = 135) or work (n = 22) injury compensation claims, both financial and recovery worry were associated with sustaining permanent impairments, and reporting negative compensation system experience 12 months post-injury. Financial worry 12 months post-injury was associated with not returning to work by 3-6 months post-injury, whereas recovery worry was associated with attributing fault to another, and higher healthcare use at 6-12 months post-injury. These findings highlight the important contribution of factors other than injury severity, to worry about finances and recovery post-injury. Having a compensation claim, failure to return to work and experiencing pain and psychological symptoms also contribute to elevated worry. As these factors explained less than half of the variance in worry, however, other factors not measured in this study must play a role. As worry may increase the risk of developing secondary mental health conditions, timely access to financial, rehabilitation and psychological supports should be provided to people who are not coping after injury. Copyright © 2018 Elsevier Ltd. All rights reserved.

20 CFR 10.210 - What are the employee's responsibilities in COP cases?

Code of Federal Regulations, 2012 CFR

2012-04-01

... responsibilities in COP cases? An employee who sustains a traumatic injury which he or she considers disabling, or... possible, but no later than 30 days from the date the traumatic injury occurred. (b) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to...

20 CFR 10.210 - What are the employee's responsibilities in COP cases?

Code of Federal Regulations, 2013 CFR

2013-04-01

... responsibilities in COP cases? An employee who sustains a traumatic injury which he or she considers disabling, or... possible, but no later than 30 days from the date the traumatic injury occurred. (b) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to...

20 CFR 10.210 - What are the employee's responsibilities in COP cases?

Code of Federal Regulations, 2010 CFR

2010-04-01

... responsibilities in COP cases? An employee who sustains a traumatic injury which he or she considers disabling, or... possible, but no later than 30 days from the date the traumatic injury occurred. (b) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to...

20 CFR 10.210 - What are the employee's responsibilities in COP cases?

Code of Federal Regulations, 2011 CFR

2011-04-01

... responsibilities in COP cases? An employee who sustains a traumatic injury which he or she considers disabling, or... possible, but no later than 30 days from the date the traumatic injury occurred. (b) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to...

20 CFR 10.210 - What are the employee's responsibilities in COP cases?

Code of Federal Regulations, 2014 CFR

2014-04-01

... responsibilities in COP cases? An employee who sustains a traumatic injury which he or she considers disabling, or... possible, but no later than 30 days from the date the traumatic injury occurred. (b) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to...

Counting the cost of negligence in neurosurgery: Lessons to be learned from 10 years of claims in the NHS.

PubMed

Hamdan, Alhafidz; Strachan, Roger D; Nath, Fredrick; Coulter, Ian C

2015-04-01

Despite substantial progress in modernising neurosurgery, the specialty still tops the list of medico-legal claims. Understanding the factors associated with negligence claims is vital if we are to identify areas of underperformance and subsequently improve patient safety. Here we provide data on trends in neurosurgical negligence claims over a 10-year period in England. We used data provided by the National Health Service Litigation Authority to analyse negligence claims related to neurosurgery from the financial years 2002/2003 to 2011/2012. Using the abstracts provided, we extracted information pertaining to the underlying pathology, injury severity, nature of misadventure and claim value. Over the 10-year period, the annual number of claims increased significantly. In total, there were 794 negligence claims (range 50-117/year); of the 613 closed cases, 405 (66.1%) were successful. The total cost related to claims during the 10 years was £65.7 million, with a mean claim per successful case of £0.16 million (total damages, defence and claimant costs of £45.1, £6.36 and £14.3 million, respectively). Claims related to emergency cases were more costly compared to those of elective cases (£209,327 vs. £112,627; P=0.002). Spinal cases represented the most frequently litigated procedures (350; 44.1% of total), inadequate surgical performance the most common misadventure (231; 29.1%) and fatality the commonest injury implicated in claims (102; 12.8%). Negligence claims related to wrong-site surgery and cauda equina syndrome were frequently successful (26/26; 100% and 14/16; 87.5% of closed cases, respectively). In England, the number of neurosurgical negligence claims is increasing, the financial cost substantial, and the burden significant. Lessons to be learned from the study are of paramount importance to reduce future cases of negligence and improve patient care.

20 CFR 10.113 - What should the employer do when an employee dies from a work-related injury or disease?

Code of Federal Regulations, 2010 CFR

2010-04-01

... dies from a work-related injury or disease? 10.113 Section 10.113 Employees' Benefits OFFICE OF WORKERS... Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.113 What should the employer do when an employee dies from a work-related injury or disease? (a) The employer shall immediately report...

20 CFR 10.113 - What should the employer do when an employee dies from a work-related injury or disease?

Code of Federal Regulations, 2011 CFR

2011-04-01

... dies from a work-related injury or disease? 10.113 Section 10.113 Employees' Benefits OFFICE OF WORKERS... Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.113 What should the employer do when an employee dies from a work-related injury or disease? (a) The employer shall immediately report...

20 CFR 10.113 - What should the employer do when an employee dies from a work-related injury or disease?

Code of Federal Regulations, 2013 CFR

2013-04-01

... a death due to a work-related traumatic injury or occupational disease to OWCP by telephone... dies from a work-related injury or disease? 10.113 Section 10.113 Employees' Benefits OFFICE OF WORKERS... Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.113 What should the employer do...

20 CFR 10.113 - What should the employer do when an employee dies from a work-related injury or disease?

Code of Federal Regulations, 2012 CFR

2012-04-01

... a death due to a work-related traumatic injury or occupational disease to OWCP by telephone... dies from a work-related injury or disease? 10.113 Section 10.113 Employees' Benefits OFFICE OF WORKERS... Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.113 What should the employer do...

20 CFR 702.212 - Notice; when given; when given for certain occupational diseases.

Code of Federal Regulations, 2014 CFR

2014-04-01

... within thirty (30) days of the date of the injury or death. For this purpose the date of injury or death is: (1) The day on which a traumatic injury occurs; (2) The date on which the employee or claimant is... a relationship between the injury or death and the employment; or (3) In the case of claims for loss...

20 CFR 10.113 - What should the employer do when an employee dies from a work-related injury or disease?

Code of Federal Regulations, 2014 CFR

2014-04-01

... a death due to a work-related traumatic injury or occupational disease to OWCP by telephone... dies from a work-related injury or disease? 10.113 Section 10.113 Employees' Benefits OFFICE OF WORKERS... Notices and Claims for Injury, Disease, and Death-Employer's Actions § 10.113 What should the employer do...

20 CFR 702.212 - Notice; when given; when given for certain occupational diseases.

Code of Federal Regulations, 2012 CFR

2012-04-01

... within thirty (30) days of the date of the injury or death. For this purpose the date of injury or death is: (1) The day on which a traumatic injury occurs; (2) The date on which the employee or claimant is... a relationship between the injury or death and the employment; or (3) In the case of claims for loss...

20 CFR 702.212 - Notice; when given; when given for certain occupational diseases.

Code of Federal Regulations, 2013 CFR

2013-04-01

... within thirty (30) days of the date of the injury or death. For this purpose the date of injury or death is: (1) The day on which a traumatic injury occurs; (2) The date on which the employee or claimant is... a relationship between the injury or death and the employment; or (3) In the case of claims for loss...

Work-Related Injury and Management Strategies Among Certified Athletic Trainers.

PubMed

Kucera, Kristen L; Lipscomb, Hester J; Roos, Karen G; Dement, John M; Hootman, Jennifer M

2018-06-13

  Health care workers have high rates of musculoskeletal injuries, but many of these injuries go unreported to workers' compensation and national surveillance systems. Little is known regarding the work-related injuries of certified athletic trainers (ATs).   To determine the 12-month incidence and prevalence of work-related injuries and describe injury-reporting and -management strategies.   Cross-sectional study.   Population-based online survey.   Of the 29 051 ATs currently certified by the Board of Certification, Inc, who "opted in" to research studies, we randomly selected 10 000. Of these, 1826 (18.3%) ATs currently working in the clinical setting were eligible and participated in the baseline survey.   An online survey was e-mailed in May of 2012. We assessed self-reported work-related injuries in the previous 12 months and management strategies including medical care, work limitations or modifications, and time off work. Statistics (frequencies and percentages) were calculated to describe injury rates per 200 000 work hours, injury prevalence, injury characteristics, and injury-reporting and -management strategies.   A total of 247 ATs reported 419 work-related injuries during the previous 12 months, for an incidence rate of 21.6 per 200 000 hours (95% confidence interval [CI] = 19.6, 23.7) and injury prevalence of 13.5% (95% CI = 12.0%, 15.1%). The low back (26%), hand/fingers (9%), and knee (9%) were frequently affected body sites. Injuries were most often caused by bodily motion/overexertion/repetition (52%), contact with objects/equipment/persons (24%), or slips/trips/falls (15%). More than half of injured ATs (55.5%) sought medical care; 25% missed work, and most (77%) did not file a workers' compensation claim for their injury. Half of injured ATs were limited at work (n = 125), and 89% modified or changed their athletic training work as a result of the injury.   More than half of AT work-related injuries required medical care or work limitations and were not reported for workers' compensation. Understanding how ATs care for and manage their work-related injuries is important given that few take time off work.

Sex differences in work-related traumatic brain injury due to assault.

PubMed

Mollayeva, Tatyana; Mollayeva, Shirin; Lewko, John; Colantonio, Angela

2016-06-16

To examine the etiology, prevalence and severity of assault-precipitated work-related traumatic brain injury (wrTBI) in Ontario, Canada through a sex lens. Cross-sectional study using data abstracted from the Ontario Workplace Safety and Insurance Board (WSIB) claims files in 2004. Descriptive analyses were conducted to determine the distribution of worker/employment/incident characteristics. Workplace physical violence that resulted in a TBI accounted for 6.6% percent of all TBI injury claims. Female workers, primarily in the health care/social services sector, accounted for over half of all TBIs. Most workers were assaulted by consumers/clients. Forty five percent of injuries occurred among workers with less than 3 years of employment. This paper identifies profiles of workers and workplaces for targeted preventive efforts. Future studies are needed to further address risk factors by sex and outcomes, such as length of disability and health care cost.

Evaluating the effectiveness of a participatory ergonomics approach in reducing the risk and severity of injuries from manual handling.

PubMed

Carrivick, Philip J W; Lee, Andy H; Yau, Kelvin K W; Stevenson, Mark R

2005-06-22

Manual handling is the greatest contributor to non-fatal injury and disease in the workplace, commonly accounting for one-third of national injury counts. Interventional strategies that have focused on selecting or modifying the worker have been ineffective in reducing injury risk. In recent times, participatory ergonomics has been widely adopted as a process to reduce the risk of injury from manual handling but it is not well validated as an intervention. This study evaluated the effectiveness of a participatory ergonomics risk assessment approach in reducing the rate and severity of injuries from manual and non-manual handling sustained by a cohort of 137 cleaners within a hospital setting. The date of injury and the workers' compensation claim cost and hours lost from work were obtained for each injury incurred during the 4-year pre-intervention and 3-year intervention period. The age, gender and hours worked were ascertained for every cleaner whether injured or not. Using generalized linear mixed modelling analysis, reductions of rate of injury by two-thirds, workers' compensation claim costs by 62% and hours lost by 35% for manual handling injuries were found to be associated with the intervention period. Although the cleaners experienced a significant intervention period reduction in non-manual handling injury rate, the corresponding changes in severity of injury were not significant. The success of the intervention supports the adoption of a participatory ergonomics approach in reducing the rate and consequence of injuries in the workplace.

A Seven-Year Longitudinal Claim Analysis to Assess the Factors Contributing to the Increased Severity of Work-Related Injuries.

PubMed

Kalia, Nimisha; Lavin, Robert A; Yuspeh, Larry; Bernacki, Edward J; Tao, Xuguang Grant

2016-09-01

In recent decades, the frequency of Medical Only (MO) and Lost Time (LT) workers' compensation claims has decreased, while average severity (medical and indemnity costs) has increased. The aim of this study was to compare claim frequency, mix, and severity (cost) over two periods using a claim cohort follow-up method. Sixty-two thousand five hundred thirty-three claims during two periods (1999 to 2002 and 2003 to 2006) were followed seven years postinjury. Descriptive analysis and significant testing methods were used to compare claim frequency and costs. The number of claims per $1 M of premium decreased 50.4% for MO claims and 35.6% for LT claims, consequently increasing the LT claim proportion. The average cost of LT claims did not increase. The severity increase is attributable to the proportional change in LT and MO claims. While the number of LT claims decreased, the inflation-adjusted average cost of LT claims did not increase.

Musculoskeletal injuries among hospital patient care staff before and after implementation of patient lift and transfer equipment.

PubMed

Schoenfisch, Ashley L; Lipscomb, Hester J; Pompeii, Lisa A; Myers, Douglas J; Dement, John M

2013-01-01

Using an observational research design and robust surveillance data, we evaluated rates of musculoskeletal (MS) injuries, days away from work, and restricted work days among patient care staff at a medical center and community hospital in the United States over 13 years, during which time a "minimal manual lift" policy and mechanical lift equipment were implemented. Workers' compensation claims data were linked to human resources data to define outcomes of interest and person-time at risk to calculate rates. Poisson and negative binomial regression with lagging were used to compare outcome rates in different windows of time surrounding the intervention. Patterns of MS injuries associated with patient-handling were contrasted to patterns of other MS injuries that would not be affected by the use of mechanical lift equipment. At the medical center, no change in the patient-handling MS injury rate followed the intervention. A 44% decrease was observed at the community hospital. At both hospitals, the rate of days away declined immediately - before it was reasonable for the intervention to have been adopted. Institutional-level changes at the time of the intervention likely influenced observed results with findings only partially consistent with an intervention effect. Observational studies can be useful in assessing effectiveness of safety interventions in complex work environments. Such studies should consider the process of intervention implementation, the time needed for intervention adoption, and the dynamic nature of work environments.

High Rate of Awarding Compensation for Claims of Injuries Related to Clinical Trials by Pharmaceutical Companies in Japan: A Questionnaire Survey

PubMed Central

Kurihara, Chieko; Kusuoka, Hideo; Ono, Shunsuke; Kakee, Naoko; Saito, Kazuyuki; Takehara, Kenji; Tsujide, Kiyokazu; Nabeoka, Yuzo; Sakuhiro, Takuya; Aoki, Hiroshi; Morishita, Noriko; Suzuki, Chieko; Kachi, Shigeo; Kondo, Emiko; Komori, Yukiko; Isobe, Tetsu; Kageyama, Shigeru; Watanabe, Hiroshi

2014-01-01

Introduction International norms and ethical standards have suggested that compensation for research-related injury should be provided to injured research volunteers. However, statistical data of incidence of compensation claims and the rate of awarding them have been rarely reported. Method Questionnaire surveys were sent to pharmaceutical companies and medical institutions, focusing on industry-initiated clinical trials aiming at new drug applications (NDAs) on patient volunteers in Japan. Results With the answers from pharmaceutical companies, the incidence of compensation was 0.8%, including 0.06% of monetary compensation. Of the cases of compensation claims, 99% were awarded. In turn, with the answers from medical institutions, the incidence of compensation was 0.6%, including 0.4% of serious but not death cases, and 0.04% of death cases. Furthermore, most claims for compensation were initiated by medical institutions, rather than by the patients. On the other hand, with the answers from clinical trial volunteers, 3% of respondents received compensations. These compensated cases were 25% of the injuries which cannot be ruled out from the scope of compensation. Conclusion Our study results demonstrated that Japanese pharmaceutical companies have provided a high rate of compensation for clinical trial-related injuries despite the possibility of overestimation. In the era of global clinical development, our study indicates the importance of further surveys to find each country's compensation policy by determining how it is being implemented based on a survey of the actual status of compensation coming from statistical data. PMID:24416332

20 CFR 362.3 - Who may file a claim.

Code of Federal Regulations, 2010 CFR

2010-04-01

...' PERSONAL PROPERTY CLAIMS § 362.3 Who may file a claim. A claim may be filed by an employee, by his spouse... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Who may file a claim. 362.3 Section 362.3... or sister, or both, may file the claim and be entitled to payment in that order of priority. ...

20 CFR 362.3 - Who may file a claim.

Code of Federal Regulations, 2011 CFR

2011-04-01

...' PERSONAL PROPERTY CLAIMS § 362.3 Who may file a claim. A claim may be filed by an employee, by his spouse... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false Who may file a claim. 362.3 Section 362.3... or sister, or both, may file the claim and be entitled to payment in that order of priority. ...

40 CFR 14.7 - Where to file a claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 1 2011-07-01 2011-07-01 false Where to file a claim. 14.7 Section 14.7 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL EMPLOYEE PERSONAL PROPERTY CLAIMS § 14.7 Where to file a claim. An employee or his/her representative may file a claim with his/her...

40 CFR 14.7 - Where to file a claim.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Where to file a claim. 14.7 Section 14.7 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL EMPLOYEE PERSONAL PROPERTY CLAIMS § 14.7 Where to file a claim. An employee or his/her representative may file a claim with his/her...

Compensation patterns for healthcare workers in British Columbia, Canada.

PubMed

Alamgir, H; Siow, S; Yu, S; Ngan, K; Guzman, J

2009-06-01

This report examines relationships between the acceptance of compensation claims, and employee and workplace characteristics for healthcare workers in British Columbia, Canada to determine suitability of using only accepted claims for occupational epidemiology research. A retrospective cohort of full-time healthcare workers was constructed from an active incident surveillance database. Incidents filed for compensation over a 1-year period were examined for initial claim decision within a 6-month window relative to sub-sector of employment, age, sex, seniority, occupation of workers, and injury category. Compensation costs and duration of time lost for initially accepted claims were also investigated. Multiple logistic regression models with generalised estimating equations (GEEs) were used to calculate adjusted relative odds (ARO) of claims decision accounting for confounding factors and clustering effects. Employees of three health regions in British Columbia filed 2274 work-related claims in a year, of which 1863 (82%) were initially accepted for compensation. Proportion of claims accepted was lowest in community care (79%) and corporate office settings (79%) and highest in long-term care settings (86%). Overall, 46% of claims resulting from allergy/irritation were accepted, in contrast to 98% acceptance of claims from cuts and puncture wounds. Licensed practical nurses had the lowest odds of claims not accepted compared with registered nurses (ARO (95% CI) = 0.55 (0.33 to 0.91)), whereas management/administrative staff had the highest odds (ARO = 2.91 (1.25 to 6.79)) of claims not accepted. A trend was observed with higher seniority of workers associated with lower odds of non-acceptance of claims. Analysis from British Columbia's healthcare sector suggests variation in workers' compensation acceptance exists across sub-sectors, occupations, seniority of workers, and injury categories. The patterns observed, however, were independent of age and sex of workers. Results suggest that when using workers' compensation datasets, local adjudication regulations and factors associated with acceptance of claims should be taken into consideration.

32 CFR 536.15 - Claims policies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... payable claims nor did it intend that small non-meritous claims be paid. Practically any claim, regardless... fair analysis should be paramount. Personal contact with claimants or their representatives is... will publish written interpretations of this part. Interpretations will have the same force and effect...

32 CFR 536.15 - Claims policies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... payable claims nor did it intend that small non-meritous claims be paid. Practically any claim, regardless... fair analysis should be paramount. Personal contact with claimants or their representatives is... will publish written interpretations of this part. Interpretations will have the same force and effect...

32 CFR 536.15 - Claims policies.

Code of Federal Regulations, 2012 CFR

2012-07-01

... payable claims nor did it intend that small non-meritous claims be paid. Practically any claim, regardless... fair analysis should be paramount. Personal contact with claimants or their representatives is... will publish written interpretations of this part. Interpretations will have the same force and effect...

Cost of work-related injuries in insured workplaces in Lebanon.

PubMed Central

Fayad, Rim; Nuwayhid, Iman; Tamim, Hala; Kassak, Kassem; Khogali, Mustafa

2003-01-01

OBJECTIVE: To estimate the medical and compensation costs of work-related injuries in insured workplaces in Lebanon and to examine cost distributions by worker and injury characteristics. METHODS: A total of 3748 claims for work injuries processed in 1998 by five major insurance companies in Lebanon were reviewed. Medical costs (related to emergency room fees, physician consultations, tests, and medications) and wage and indemnity compensation costs were identified from the claims. FINDINGS: The median cost per injury was US dollars 83 (mean, US dollars 198; range, US dollars 0-16,401). The overall cost for all 3748 injuries was US dollars 742,100 (76% of this was medical costs). Extrapolated to all injuries within insured workplaces, the overall cost was US dollars 4.5 million a year; this increased to US dollars 10 million-13 million when human value cost (pain and suffering) was accounted for. Fatal injuries (three, 0.1%) and those that caused permanent disabilities (nine, 0.2%) accounted for 10.4% of the overall costs and hospitalized injuries (245, 6.5%) for 45%. Cost per injury was highest among older workers and for injuries that involved falls and vehicle incidents. Medical, but not compensation, costs were higher among female workers. CONCLUSION: The computed costs of work injuries--a fraction of the real burden of occupational injuries in Lebanon--represent a considerable economic loss. This calls for a national policy to prevent work injuries, with a focus on preventing the most serious injuries. Options for intervention and research are discussed. PMID:12973643

38 CFR 3.154 - Injury due to hospital treatment, etc.

Code of Federal Regulations, 2010 CFR

2010-07-01

... communication in writing indicating an intent to file a claim for disability compensation or dependency and... due to VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program, whether such communication is contained in a formal claim...

Metaphysical accounts of the zygote as a person and the veto power of facts.

PubMed

Bole, T J

1989-12-01

That the soul of a human person is infused at conception is a metaphysical claim. But given its traditional articulation, it has the empirical consequence that the zygote must have a substantial continuity with the adult person, a continuity which is already determined at conception. This empirical consequence is contradicted by the fact that the zygote may become a hydatidiform mole, or several persons. The metaphysical claim is falsified by the facts.

Work-related injuries among commercial janitors in Washington State, comparisons by gender.

PubMed

Smith, Caroline K; Anderson, Naomi J

2017-09-01

We analyzed workers' compensation (WC) data to identify characteristics related to workers' compensation claim outcomes among janitorial service workers in Washington State. We analyzed WC data from the Washington State Department of Labor & Industries (L&I) State Fund (SF) from January 1, 2003 through December 31, 2013, for janitorial service workers employed in the National Occupational Research Agenda (NORA) Services Sector. We constructed multivariable models to identify factors associated with higher medical costs and increased time lost from work. There were 2,390 janitorial service compensable claims available for analysis. There were significant differences in injury type and other factors by gender, age, and language preference. Linguistic minority status was associated with longer time loss and higher median medical costs. Women were estimated to account for 35% of janitorial service workers but made up 55% of the compensable claims in this study. Janitorial service workers comprise a large vulnerable occupational group in the U.S. workforce. Identifying differences by injury type and potential inequitable outcomes by gender and language is important to ensuring equal treatment in the workers' compensation process. There were significant differences in injury and individual characteristics between men and women in this study. Women had twice the estimated rate of injury to men, and were more likely to require Spanish language materials. Improving communication for training and knowledge about the workers' compensation system appear to be high priorities in this population of injured janitorial service workers. Copyright © 2017 Elsevier Ltd and National Safety Council. All rights reserved.

Liability of Colleges and Universities for Injuries during Extracurricular Activities.

ERIC Educational Resources Information Center

Miyamoto, Tia

1988-01-01

The extent to which college and universities can be held liable for student injuries during extracurricular activities is discussed based on negligence claims. Court reluctance to impose liability on institutions and the underlying policy considerations are examined. (MSE)

Predicting time on prolonged benefits for injured workers with acute back pain.

PubMed

Steenstra, Ivan A; Busse, Jason W; Tolusso, David; Davilmar, Arold; Lee, Hyunmi; Furlan, Andrea D; Amick, Ben; Hogg-Johnson, Sheilah

2015-06-01

Some workers with work-related compensated back pain (BP) experience a troubling course of disability. Factors associated with delayed recovery among workers with work-related compensated BP were explored. This is a cohort study of workers with compensated BP in 2005 in Ontario, Canada. Follow up was 2 years. Data was collected from employers, employees and health-care providers by the Workplace Safety and Insurance Board (WSIB). Exclusion criteria were: (1) no-lost-time claims, (2) >30 days between injury and claim filing, (3) <4 weeks benefits duration, and (4) age >65 years. Using proportional hazard models, we examined the prognostic value of information collected in the first 4 weeks after injury. Outcome measures were time on benefits during the first episode and time until recurrence after the first episode. Of 6,657 workers, 1,442 were still on full benefits after 4 weeks. Our final model containing age, physical demands, opioid prescription, union membership, availability of a return-to-work program, employer doubt about work-relatedness of injury, worker's recovery expectations, participation in a rehabilitation program and communication of functional ability was able to identify prolonged claims to a fair degree [area under the curve (AUC) = .79, 95% confidence interval (CI) .74-.84]. A model containing age, sex, physical demands, opioid prescription and communication of functional ability was less successful at predicting time until recurrence (AUC = .61, 95% CI .57, .65). Factors contained in information currently collected by the WSIB during the first 4 weeks on benefits can predict prolonged claims, but not recurrent claims.

40 CFR 14.5 - Who may file a claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 1 2011-07-01 2011-07-01 false Who may file a claim. 14.5 Section 14.5 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL EMPLOYEE PERSONAL PROPERTY CLAIMS § 14.5 Who may file a claim. A claim may be filed by an employee or by his/her authorized agent or legal...

40 CFR 14.5 - Who may file a claim.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Who may file a claim. 14.5 Section 14.5 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL EMPLOYEE PERSONAL PROPERTY CLAIMS § 14.5 Who may file a claim. A claim may be filed by an employee or by his/her authorized agent or legal...

40 CFR 307.22 - Preauthorization of response actions.

Code of Federal Regulations, 2013 CFR

2013-07-01

..., AND LIABILITY ACT (CERCLA) CLAIMS PROCEDURES Eligible Claimants; Allowable Claims; Preauthorization § 307.22 Preauthorization of response actions. (a) No person may submit a claim to the Fund for a... intending to submit a claim to the Fund must fulfill the following requirements before commencing a response...

5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2014 CFR

2014-01-01

... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2012 CFR

2012-01-01

... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2011 CFR

2011-01-01

... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

5 CFR 177.105 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2013 CFR

2013-01-01

... information to be submitted. 177.105 Section 177.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... such expenses. (7) If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain...

32 CFR 842.50 - Claims not payable.

Code of Federal Regulations, 2011 CFR

2011-07-01

... National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... naval forces, or the Coast Guard, during time of war. (n) Arises from activities of the Tennessee Valley... injury or death of a member of the Armed Forces of the United States, including the Coast Guard, incurred...

Physical injuries and fatalities resulting from the Oklahoma City bombing.

PubMed

Mallonee, S; Shariat, S; Stennies, G; Waxweiler, R; Hogan, D; Jordan, F

1996-08-07

To provide an epidemiologic description of physical injuries and fatalities resulting from the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Descriptive epidemiologic study of all persons injured by the bombing and of all at-risk occupants of the federal building and 4 adjacent buildings. Data were gathered from hospital emergency and medical records departments, medical examiner records, and surveys of area physicians, building occupants, and survivors. All persons known to have been exposed to the blast. Characteristics of fatalities and injuries, injury maps, and injury rates by building location. A total of 759 persons sustained injuries, 167 persons died, 83 survivors were hospitalized, and 509 persons were treated as outpatients. Of the 361 persons who were in the federal building, 319 (88%) were injured, of whom 163 (45%) died, including 19 children. Persons in the collapsed part of the federal building were significantly more likely to die (153/175, 87%) than those in other parts of the building (10/186, 5%) (risk ratio [RR], 16.3; 95% confidence interval [CI], 8.9-29.8). In 4 adjacent buildings, injury rates varied from 38% to 100%; 3 persons in these buildings and 1 person in an outdoor location died. The most frequent cause of death was multiple injuries. Among survivors, soft tissue injuries, fractures, sprains, strains, and head injuries were most common; these injuries were most often caused by flying glass and other debris and collapsed ceilings. The Oklahoma City bombing resulted in the largest number of fatalities of any terrorist act in the United States, and there were 4 times as many nonfatal injuries as fatalities. Disaster management plans should include the possibility of terrorist bombing, and medical preparedness should anticipate that most injuries will be nonfatal. The role of building collapse in fatal injuries should be considered in the design of buildings at high risk of being bombed so as to reduce injuries.

Impact of a Safe Resident Handling Program in Nursing Homes on Return-to-Work and Re-injury Outcomes Following Work Injury.

PubMed

Kurowski, Alicia; Pransky, Glenn; Punnett, Laura

2018-05-21

Purpose This study examined the impact of a Safe Resident Handling Program (SRHP) on length of disability and re-injury, following work-related injuries of nursing home workers. Resident handling-related injuries and back injuries were of particular interest. Methods A large national nursing home corporation introduced a SRHP followed by three years of training for 136 centers. Lost-time workers' compensation claims (3 years pre-SRHP and 6 years post-SRHP) were evaluated. For each claim, length of first episode of disability and recurrence of disabling injury were evaluated over time. Differences were assessed using Chi square analyses and a generalized linear model, and "avoided" costs were projected. Results The SRHP had no impact on length of disability, but did appear to significantly reduce the rate of recurrence among resident handling-related injuries. As indemnity and medical costs were three times higher for claimants with recurrent disabling injuries, the SRHP resulted in significant "avoided" costs due to "avoided" recurrence. Conclusions In addition to reducing overall injury rates, SRHPs appear to improve long-term return-to-work success by reducing the rate of recurrent disabling injuries resulting in work disability. In this study, the impact was sustained over years, even after a formal training and implementation program ended. Since back pain is inherently a recurrent condition, results suggest that SRHPs help workers remain at work and return-to-work.

Employment of persons with spinal cord lesions injured more than 20 years ago.

PubMed

Lidal, Ingeborg Beate; Hjeltnes, Nils; Røislien, Jo; Stanghelle, Johan Kvalvik; Biering-Sørensen, Fin

2009-01-01

The primary objective was to study factors influencing post-injury employment and withdrawal from work in persons who sustained traumatic spinal cord injury (SCI) more than 20 years ago. A secondary objective was to study life satisfaction in the same patients. A cross-sectional study with retrospective data of 165 SCI-patients admitted to Sunnaas Rehabilitation Hospital 1961-1982. Multiple logistic regression was used to identify predictors for obtaining work post-injury. A Cox proportional hazards regression model was used to study factors influencing early withdrawal from work, i.e. time from injury until discontinuing employment. Sixty-five percent of the participants were employed at some point after the injury. Thirty-five percent still had work at the time of the survey. The odds of obtaining work after injury were higher in persons of younger age at injury, higher in males versus females, higher for persons with paraplegia versus tetraplegia, and for persons classified as Frankel D-E compared to a more severe SCI. Factors associated with shorter time from injury until discontinuing employment were higher age at injury, incidence of injury after 1975 versus before, and a history of pre-injury medical condition(s). Life satisfaction was better for currently employed participants. The study indicates a low employment-rate in persons with SCI, even several years after injury. From the results, we suggest more support, especially to persons of older age at injury and/or with a history of pre-injury medical condition(s), to help them to obtain work and sustain employed for more years after injury.

Analysis of new workers' compensation claims in the Department of Defense civilian workforce, 2000-2012.

PubMed

Nelson, Cameron J L; Bigley, Daniel P; Mallon, Timothy M

2015-03-01

This study of Department of Defense (DoD) civilian employees Workers' Compensation (WC) claims for chargeback year 2000 through 2012 aimed to analyze the frequency, rates, and costs of WC claims representing 5% of the DoD annual personnel budget. A multiyear cross-sectional study of WC claims data identified the top five most frequent causes, natures, and anatomical sites; changes in frequency, worker age, costs, and time were evaluated for trends. The annual frequency and rate of new DoD WC claims decreased over time, whereas costs per new claim have increased. New claim frequencies, rates, and costs aggregated in older age groups. The increasing trend in costs of each claim and the overall program costs presents a need for case management. Analysis of WC claims data is necessary to help target injury prevention efforts and reduce program costs.

University Liability for Sports Injuries.

ERIC Educational Resources Information Center

Rieder, Robert W.; Woodruff, William B., Jr.

1993-01-01

Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

7 CFR 160.71 - Delinquent claims.

Code of Federal Regulations, 2010 CFR

2010-01-01

... thereof shall be brought to the attention of the interested person. After a claim becomes delinquent, the... pay his claim after issuance of such notice of delinquency. [11 FR 14665, Dec. 27, 1946, as amended at...

7 CFR 160.71 - Delinquent claims.

Code of Federal Regulations, 2013 CFR

2013-01-01

... thereof shall be brought to the attention of the interested person. After a claim becomes delinquent, the... pay his claim after issuance of such notice of delinquency. [11 FR 14665, Dec. 27, 1946, as amended at...

7 CFR 160.71 - Delinquent claims.

Code of Federal Regulations, 2014 CFR

2014-01-01

... thereof shall be brought to the attention of the interested person. After a claim becomes delinquent, the... pay his claim after issuance of such notice of delinquency. [11 FR 14665, Dec. 27, 1946, as amended at...

7 CFR 160.71 - Delinquent claims.

Code of Federal Regulations, 2012 CFR

2012-01-01

... thereof shall be brought to the attention of the interested person. After a claim becomes delinquent, the... pay his claim after issuance of such notice of delinquency. [11 FR 14665, Dec. 27, 1946, as amended at...

7 CFR 160.71 - Delinquent claims.

Code of Federal Regulations, 2011 CFR

2011-01-01

... thereof shall be brought to the attention of the interested person. After a claim becomes delinquent, the... pay his claim after issuance of such notice of delinquency. [11 FR 14665, Dec. 27, 1946, as amended at...

43 CFR 3830.3 - Who may locate mining claims?

Code of Federal Regulations, 2011 CFR

2011-10-01

... 43 Public Lands: Interior 2 2011-10-01 2011-10-01 false Who may locate mining claims? 3830.3... MANAGEMENT, DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT (3000) LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR SITES; GENERAL PROVISIONS Introduction § 3830.3 Who may locate mining claims? Persons qualified...

27 CFR 72.32 - Interest claimed.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 27 Alcohol, Tobacco Products and Firearms 2 2013-04-01 2013-04-01 false Interest claimed. 72.32 Section 72.32 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT... Remission or Mitigation of Forfeitures § 72.32 Interest claimed. Any person claiming an interest in property...

27 CFR 72.32 - Interest claimed.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 27 Alcohol, Tobacco Products and Firearms 2 2014-04-01 2014-04-01 false Interest claimed. 72.32 Section 72.32 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT... Remission or Mitigation of Forfeitures § 72.32 Interest claimed. Any person claiming an interest in property...

27 CFR 72.32 - Interest claimed.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 27 Alcohol, Tobacco Products and Firearms 2 2012-04-01 2011-04-01 true Interest claimed. 72.32 Section 72.32 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT... Remission or Mitigation of Forfeitures § 72.32 Interest claimed. Any person claiming an interest in property...

38 CFR 3.358 - Compensation for disability or death from hospitalization, medical or surgical treatment...

Code of Federal Regulations, 2012 CFR

2012-07-01

... VA's failure to exercise reasonable skill and care in the diagnosis or treatment of the disease or... disability resulting from a disease or injury or aggravation of an existing disease or injury suffered as a... to the disease or injury on which the claim for compensation is based will be compared with the...

38 CFR 3.358 - Compensation for disability or death from hospitalization, medical or surgical treatment...

Code of Federal Regulations, 2010 CFR

2010-07-01

... VA's failure to exercise reasonable skill and care in the diagnosis or treatment of the disease or... disability resulting from a disease or injury or aggravation of an existing disease or injury suffered as a... to the disease or injury on which the claim for compensation is based will be compared with the...

38 CFR 3.358 - Compensation for disability or death from hospitalization, medical or surgical treatment...

Code of Federal Regulations, 2014 CFR

2014-07-01

... VA's failure to exercise reasonable skill and care in the diagnosis or treatment of the disease or... disability resulting from a disease or injury or aggravation of an existing disease or injury suffered as a... to the disease or injury on which the claim for compensation is based will be compared with the...

38 CFR 3.358 - Compensation for disability or death from hospitalization, medical or surgical treatment...

Code of Federal Regulations, 2011 CFR

2011-07-01

... VA's failure to exercise reasonable skill and care in the diagnosis or treatment of the disease or... disability resulting from a disease or injury or aggravation of an existing disease or injury suffered as a... to the disease or injury on which the claim for compensation is based will be compared with the...

38 CFR 3.358 - Compensation for disability or death from hospitalization, medical or surgical treatment...

Code of Federal Regulations, 2013 CFR

2013-07-01

... VA's failure to exercise reasonable skill and care in the diagnosis or treatment of the disease or... disability resulting from a disease or injury or aggravation of an existing disease or injury suffered as a... to the disease or injury on which the claim for compensation is based will be compared with the...

Medical care surrounding work-related back injury claims among Washington State Union Carpenters, 1989-2003.

PubMed

Kucera, Kristen L; Lipscomb, Hester J; Silverstein, Barbara

2011-01-01

We describe medical care received through workers' compensation (WC) and union-provided insurance surrounding work-related back injuries and examine relationships between care provided and time off work among a large cohort of carpenters. Union records identified a cohort of 20,642 carpenters working in Washington State from 1989-2003 and their private health insurance claims. These data were linked to workers' compensation files from this state-run program including records of medical care. Over 74,000 WC medical encounters resulted from 2959 work-related back injuries. Eleven percent received private care for musculoskeletal back pain within 90 days of work-related injury; this proportion increased with increasing lost days. Delay to physical therapy was more prevalent among those out of work longest. The proportion of claimants with care from both systems and from private utilization only increased after the first 90 days and, for the subset with at least one paid lost work day, after return to work. Examination of medical care through both systems versus solely in workers' compensation provides a more complete understanding of back injury care while also demonstrating complexity. Differences in outcomes based upon treatment shortly after injury are worthy of further exploration.

39 CFR 777.28 - Claims and appeals.

Code of Federal Regulations, 2012 CFR

2012-07-01

... relocation representative with the displaced person, to preclude technical difficulties in processing the... displaced person will be fully informed in writing that his or her final claim will then be subject to... because of untimely filing or other grounds, it must promptly notify the claimant in writing of the...

39 CFR 777.28 - Claims and appeals.

Code of Federal Regulations, 2014 CFR

2014-07-01

... relocation representative with the displaced person, to preclude technical difficulties in processing the... displaced person will be fully informed in writing that his or her final claim will then be subject to... because of untimely filing or other grounds, it must promptly notify the claimant in writing of the...

39 CFR 777.28 - Claims and appeals.

Code of Federal Regulations, 2011 CFR

2011-07-01

... relocation representative with the displaced person, to preclude technical difficulties in processing the... displaced person will be fully informed in writing that his or her final claim will then be subject to... because of untimely filing or other grounds, it must promptly notify the claimant in writing of the...

39 CFR 777.28 - Claims and appeals.

Code of Federal Regulations, 2013 CFR

2013-07-01

... relocation representative with the displaced person, to preclude technical difficulties in processing the... displaced person will be fully informed in writing that his or her final claim will then be subject to... because of untimely filing or other grounds, it must promptly notify the claimant in writing of the...

31 CFR 4.1 - Procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Procedures. 4.1 Section 4.1 Money and Finance: Treasury Office of the Secretary of the Treasury EMPLOYEES' PERSONAL PROPERTY CLAIMS § 4.1 Procedures. The procedures for filing a claim with the Treasury Department for personal property that is lost...

38 CFR 14.664 - Scope of authority and effective date.

Code of Federal Regulations, 2010 CFR

2010-07-01

... personal property incident to such person's service. Authority is delegated by § 2.6(e)(5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group... LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS Personnel Claims § 14.664 Scope of authority...

38 CFR 14.664 - Scope of authority and effective date.

Code of Federal Regulations, 2013 CFR

2013-07-01

... personal property incident to such person's service. Authority is delegated by § 2.6(e)(5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group... LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS Personnel Claims § 14.664 Scope of authority...

38 CFR 14.664 - Scope of authority and effective date.

Code of Federal Regulations, 2014 CFR

2014-07-01

... personal property incident to such person's service. Authority is delegated by § 2.6(e)(5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group... LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS Personnel Claims § 14.664 Scope of authority...

38 CFR 14.664 - Scope of authority and effective date.

Code of Federal Regulations, 2012 CFR

2012-07-01

... personal property incident to such person's service. Authority is delegated by § 2.6(e)(5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group... LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS Personnel Claims § 14.664 Scope of authority...

38 CFR 14.664 - Scope of authority and effective date.

Code of Federal Regulations, 2011 CFR

2011-07-01

... personal property incident to such person's service. Authority is delegated by § 2.6(e)(5) of this chapter to the General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group... LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS Personnel Claims § 14.664 Scope of authority...

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases decided during 1981 that involved some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. The cases are organized according to the particular type of tort involved.…

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school…

31 CFR 4.1 - Procedures.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Procedures. 4.1 Section 4.1 Money and Finance: Treasury Office of the Secretary of the Treasury EMPLOYEES' PERSONAL PROPERTY CLAIMS § 4.1 Procedures. The procedures for filing a claim with the Treasury Department for personal property that is lost...

31 CFR 4.1 - Procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Procedures. 4.1 Section 4.1 Money and Finance: Treasury Office of the Secretary of the Treasury EMPLOYEES' PERSONAL PROPERTY CLAIMS § 4.1 Procedures. The procedures for filing a claim with the Treasury Department for personal property that is lost...

31 CFR 4.1 - Procedures.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Procedures. 4.1 Section 4.1 Money and Finance: Treasury Office of the Secretary of the Treasury EMPLOYEES' PERSONAL PROPERTY CLAIMS § 4.1 Procedures. The procedures for filing a claim with the Treasury Department for personal property that is lost...

31 CFR 4.1 - Procedures.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Procedures. 4.1 Section 4.1 Money and Finance: Treasury Office of the Secretary of the Treasury EMPLOYEES' PERSONAL PROPERTY CLAIMS § 4.1 Procedures. The procedures for filing a claim with the Treasury Department for personal property that is lost...

16 CFR 437.3 - Severability.

Code of Federal Regulations, 2012 CFR

2012-01-01

..., stuffing envelopes from the purchaser's home. (d) Designated person means any person, other than the seller... be made directly or indirectly through a third party. A required payment does not include payments...: (1) Has a reasonable basis for its claim at the time the claim is made; (2) Has in its possession...

Validation of a risk stratification tool for fall-related injury in a state-wide cohort.

PubMed

McCoy, Thomas H; Castro, Victor M; Cagan, Andrew; Roberson, Ashlee M; Perlis, Roy H

2017-02-06

A major preventable contributor to healthcare costs among older individuals is fall-related injury. We sought to validate a tool to stratify such risk based on readily available clinical data, including projected medication adverse effects, using state-wide medical claims data. Sociodemographic and clinical features were drawn from health claims paid in the state of Massachusetts for individuals aged 35-65 with a hospital admission for a period spanning January-December 2012. Previously developed logistic regression models of hospital readmission for fall-related injury were refit in a testing set including a randomly selected 70% of individuals, and examined in a training set comprised of the remaining 30%. Medications at admission were summarised based on reported adverse effect frequencies in published medication labelling. The Massachusetts health system. A total of 68 764 hospitalised individuals aged 35-65 years. Hospital readmission for fall-related injury defined by claims code. A total of 2052 individuals (3.0%) were hospitalised for fall-related injury within 90 days of discharge, and 3391 (4.9%) within 180 days. After recalibrating the model in a training data set comprised of 48 136 individuals (70%), model discrimination in the remaining 30% test set yielded an area under the receiver operating characteristic curve (AUC) of 0.74 (95% CI 0.72 to 0.76). AUCs were similar across age decades (0.71 to 0.78) and sex (0.72 male, 0.76 female), and across most common diagnostic categories other than psychiatry. For individuals in the highest risk quartile, 11.4% experienced fall within 180 days versus 1.2% in the lowest risk quartile; 57.6% of falls occurred in the highest risk quartile. This analysis of state-wide claims data demonstrates the feasibility of predicting fall-related injury requiring hospitalisation using readily available sociodemographic and clinical details. This translatable approach to stratification allows for identification of high-risk individuals in whom interventions are likely to be cost-effective. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Frequency of medical malpractice claims: The effects of volumes and specialties.

PubMed

Buzzacchi, Luigi; Scellato, Giuseppe; Ughetto, Elisa

2016-12-01

A medical malpractice occurs when a physician or healthcare personnel, because of lack of skill or negligence, causes injury to a patient, who can decide to claim for the damages suffered by suing the facility and/or healthcare personnel. In this paper we analyze the frequency of medical malpractice insurance claims in an Italian region, in order to estimate the presence of significant trends and to identify volume effects at both department and healthcare organization levels. We rely on a unique dataset reporting the universe of 2144 injuries caused by medical or surgical errors that resulted in a request to the insurer for coverage over the years 2004-2010 in ten public healthcare organizations. Results show the presence of positive volume effects, as the number of malpractice claims grows less than proportionally with respect to department volumes. Volume effects are particularly relevant for orthopedics and general surgery. We also find the presence of significant positive volume effects at the level of healthcare organizations. Finally, the joint observation of the results on the frequency of malpractice claims and on the time lag between the occurrence of the malpractice event and the filing of the related claim, suggests that the number of malpractice claims has increased over time. Results indicate that organizational and managerial actions concerning the increase in volumes of specific departments or health organizations are context specific and must be specifically tailored. Copyright © 2016 Elsevier Ltd. All rights reserved.

Declining rates of work-related overexertion back injuries among union drywall installers in Washington State, 1989-2008: Improved work safety or shifting of care?

PubMed

Schoenfisch, Ashley L; Lipscomb, Hester J; Marshall, Stephen W; Casteel, Carri; Richardson, David B; Brookhart, M Alan; Cameron, Wilfrid

2014-02-01

Construction workers are at high risk of work-related musculoskeletal back disorders, and research suggests medical care and costs associated with these conditions may be covered by sources other than workers' compensation (WC). Little is known about the back injury experience and care seeking behavior among drywall installers, a high-risk workgroup regularly exposed to repetitive activities, awkward postures, and handling heavy building materials. Among a cohort of 24,830 Washington State union carpenters (1989-2008), including 5,073 drywall installers, we identified WC claims, visits for health care covered through union-provided health insurance and time at risk. Rates of work-related overexertion back injuries (defined using WC claims data) and health care utilization for musculoskeletal back disorders covered by private health insurance were examined and contrasted over time and by worker characteristics, stratified by type of work (drywall installation, other carpentry). Drywall installers' work-related overexertion back injury rates exceeded those of other carpenters (adjusted IRR 1.63, 95% CI 1.48-1.78). For both carpentry groups, rates declined significantly over time. In contrast, rates of private healthcare utilization for musculoskeletal back disorders were similar for drywall installers compared to other carpenters; they increased over time (after the mid-1990s), with increasing years in the union, and with increasing numbers of work-related overexertion back injuries. Observed declines over time in the rate of work-related overexertion back injury, as based on WC claims data, is encouraging. However, results add to the growing literature suggesting care for work-related conditions may be being sought outside of the WC system. © 2013 Wiley Periodicals, Inc.

Effectiveness of employer financial incentives in reducing time to report worker injury: an interrupted time series study of two Australian workers' compensation jurisdictions.

PubMed

Lane, Tyler J; Gray, Shannon; Hassani-Mahmooei, Behrooz; Collie, Alex

2018-01-05

Early intervention following occupational injury can improve health outcomes and reduce the duration and cost of workers' compensation claims. Financial early reporting incentives (ERIs) for employers may shorten the time between injury and access to compensation benefits and services. We examined ERI effect on time spent in the claim lodgement process in two Australian states: South Australia (SA), which introduced them in January 2009, and Tasmania (TAS), which introduced them in July 2010. Using administrative records of 1.47 million claims lodged between July 2006 and June 2012, we conducted an interrupted time series study of ERI impact on monthly median days in the claim lodgement process. Time periods included claim reporting, insurer decision, and total time. The 18-month gap in implementation between the states allowed for a multiple baseline design. In SA, we analysed periods within claim reporting: worker and employer reporting times (similar data were not available in TAS). To account for external threats to validity, we examined impact in reference to a comparator of other Australian workers' compensation jurisdictions. Total time in the process did not immediately change, though trend significantly decreased in both jurisdictions (SA: -0.36 days per month, 95% CI -0.63 to -0.09; TAS: 0.35, -0.50 to -0.20). Claim reporting time also decreased in both (SA: -1.6 days, -2.4 to -0.8; TAS: -5.4, -7.4 to -3.3). In TAS, there was a significant increase in insurer decision time (4.6, 3.9 to 5.4) and a similar but non-significant pattern in SA. In SA, worker reporting time significantly decreased (-4.7, -5.8 to -3.5), but employer reporting time did not (-0.3, -0.8 to 0.2). The results suggest that ERIs reduced claim lodgement time and, in the long-term, reduced total time in the claim lodgement process. However, only worker reporting time significantly decreased in SA, indicating that ERIs may not have shortened the process through the intended target of employer reporting time. Lack of similar data in Tasmania limited our ability to determine whether this was a result of ERIs or another component of the legislative changes. Further, increases in insurer decision time highlight possible unintended negative effects.

Evaluating the effectiveness of a logger safety training program.

PubMed

Bell, Jennifer L; Grushecky, Shawn T

2006-01-01

Logger safety training programs are rarely, if ever, evaluated as to their effectiveness in reducing injuries. Workers' compensation claim rates were used to evaluate the effectiveness of a logger safety training program, the West Virginia Loggers' Safety Initiative (LSI). There was no claim rate decline detected in the majority (67%) of companies that participated in all 4 years of the LSI. Furthermore, their rate did not differ from the rest of the WV logging industry that did not participate in the LSI. Worker turnover was significantly related to claim rates; companies with higher turnover of employees had higher claim rates. Companies using feller bunchers to harvest trees at least part of the time had a significantly lower claim rate than companies not using them. Companies that had more inspections per year had lower claim rates. High injury rates persist even in companies that receive safety training; high employee turnover may affect the efficacy of training programs. The logging industry should be encouraged to facilitate the mechanization of logging tasks, to address barriers to employee retention, and to increase the number of in-the-field performance monitoring inspections. Impact on industry There are many states whose logger safety programs include only about 4-8 hours of safe work practices training. These states may look to West Virginia's expanded training program (the LSI) as a model for their own programs. However, the LSI training may not be reaching loggers due to the delay in administering training to new employees and high levels of employee turnover. Regardless of training status, loggers' claim rates decline significantly the longer they work for a company. It may be that high injury rates in the state of West Virginia would be best addressed by finding ways to encourage and facilitate companies to become more mechanized in their harvesting practices, and to increase employee tenure. Increasing the number of yearly performance inspections may also be a venue to reduce claim rates. Future research could investigate in better detail the working conditions of West Virginia loggers and identify barriers to job tenure, particularly for workers whose primary job task is chainsaw operation. A larger-scale study of the effect of performance monitoring inspections on claim rates is also warranted.

The risks and costs of multiple-generic substitution of topiramate.

PubMed

Duh, M S; Paradis, P E; Latrémouille-Viau, D; Greenberg, P E; Lee, S P; Durkin, M B; Wan, G J; Rupnow, M F T; LeLorier, J

2009-06-16

To investigate clinical and economic consequences following generic substitution of one vs multiple generics of topiramate (Topamax; Ortho-McNeil Neurologics, Titusville, NJ). Medical and pharmacy claims data of Régie de l'Assurance-Maladie du Québec from January 2006 to October 2007 were used. Patients with epilepsy treated with topiramate were selected. An open-cohort design was used to classify the observation period into periods of brand, single-generic, and multiple-generic use. One-year generic-switch and switchback-to-brand rates were estimated using Kaplan-Meier methodology. Medical resource utilization and costs were compared among the three periods using multivariate regression analysis. In total, 948 patients were observed during 1,105 person-years of brand use, 233 person-years of single-generic use, and 92 person-years of multiple-generic use. A total of 23% of generic users received at least two different generic versions. Compared to brand use, multiple-generic use was associated with higher utilization of other prescription drugs (incidence rate ratio [IRR] = 1.27, 95% confidence interval [CI] = 1.24-1.31), higher hospitalization rates (0.48 vs 0.83 visit/person-year, IRR = 1.65, 95% CI = 1.28-2.13), and longer hospital stays (2.6 vs 3.9 days/person-year, IRR = 1.43, 95% CI = 1.27-1.60), but the effect was less pronounced in single-generic use (hospitalization: IRR = 1.08, 95% CI = 0.88-1.34, length of stay: IRR = 1.12, 95% CI = 1.03-1.23). The risk of head injury or fracture was nearly three times higher (hazard ratio = 2.84, 95% CI = 1.24-6.48) following a generic-to-generic switch compared to brand use. The total annualized health care cost per patient was higher in the multiple-generic than brand periods by C$1,716 (cost ratio = 1.21, p = 0.0420). Multiple-generic substitution of topiramate was significantly associated with negative outcomes, such as hospitalizations and injuries, and increased health care costs.

19 CFR 181.48 - Person entitled to receive drawback.

Code of Federal Regulations, 2010 CFR

2010-04-01

..., Canadian or Mexican customs manifest, cargo manifest, or certified copies of these documents, shall be... reserve the right to claim drawback. The manufacturer or producer who reserves this right may claim... right to claim drawback. ...

The benefits of data linkage for firefighter injury surveillance

PubMed Central

Widman, Shannon A; LeVasseur, Michael T; Tabb, Loni P

2018-01-01

Background While survey data are available for national estimates of fire events and firefighter fatalities, data on firefighter injury at the national and local levels remain incomplete and unreliable. Data linkage provides a vehicle to maximise case detection and deepen injury description for the US fire service. Methods By linking departmental Human Resources records, despatch data, workers' compensation and first reports of injury, researchers were able to describe reported non-fatal injuries to 3063 uniformed members of the Philadelphia Fire Department (PFD), for the period of 2005 through 2013. Results Among all four databases, the overall linkage rate was 56%. Among three of the four databases, the linkage rate was 88%. Because there was duplication of some variables among the datasets, we were able to deeply describe all the linked injuries in the master database. 45.5% of uniformed PFD members reported at least one injury during the study period. Strains, falls, burns and struck-by injuries were the most common causes. Burns resulted in the highest lost time claim payout, and strains accounted for the highest medical claim cost. More than 70% of injuries occurred in the first 15 years of experience. Discussion Data linkage provided three new benefits: (1) creation of a new variable—years of experience, (2) reduction of misclassification bias when determining cause of injury, leading to more accurate estimates of cost and (3) visualisation of injury rates when controlling for the number of fire department responses, allowing for the generation of hypotheses to investigate injury hot spots. PMID:28196830

State Trauma Registries as a Resource for Occupational Injury Surveillance and Research

PubMed Central

Bowman, Stephen M.

2016-01-01

Objectives: Work-related traumatic injury is a leading cause of death and disability among US workers. Occupational injury surveillance is necessary for effective prevention planning and assessing progress toward Healthy People 2020 objectives. Our objectives were to (1) describe the Washington State Trauma Registry (WTR) as a resource for occupational injury surveillance and research, (2) compare the WTR with 2 population-based data sources more widely used for these purposes, and (3) compare the number of injuries ascertained by the WTR with other data sources. Methods: We linked WTR records to hospital discharge records in the Comprehensive Hospital Abstract Reporting System for 2009 and to workers’ compensation claims from the Washington State Department of Labor and Industries for 1998 to 2008. We assessed the 3 data sources for overlap, concordance, and case ascertainment. Results: Of 9185 work-related injuries in the WTR, 3380 (37%) did not link to workers’ compensation claims. Use of payer information in hospital discharge records along with the WTR work-relatedness field identified 20% more linked injuries as work related (n = 720) than did use of payer information alone (n = 602). The WTR identified substantial numbers of work-related injuries that were not identified through workers’ compensation or hospital discharge records. Conclusions: Workers’ compensation and hospital discharge databases are important but incomplete data sources for work-related injuries; many work-related injuries are not billed to, reported to, or covered by workers’ compensation. Trauma registries are well positioned to capture severe work-related injuries and should be included in comprehensive injury surveillance efforts. PMID:28123225

Workers' compensation claims for musculoskeletal disorders among wholesale and retail trade industry workers--Ohio, 2005-2009.

PubMed

2013-06-07

Work-related musculoskeletal disorders (WMSDs) resulting from ergonomic hazards are common in the United States. Recent data from the Bureau of Labor Statistics (BLS) indicate that in 2011, one third of occupational injuries and illnesses resulting in lost time from work were WMSDs. Based on data from the 2010 BLS Survey of Occupational Injuries and Illnesses, a higher rate of WMSDs resulting in lost time from work occurred in the Wholesale and Retail Trade (WRT) industry compared with most other industries. To assess trends and identify WRT subsectors and subgroups associated with high rates of WMSD workers' compensation claims, the Ohio Bureau of Workers' Compensation (OBWC) and CDC analyzed OBWC claims data for single-location WRT employers in Ohio for the period 2005-2009. From 2005 to 2009, the rate of WMSD claims declined from 86.3 to 52.8 per 10,000 employees. The three WRT industry subsectors with the highest rates of WMSD claims were Merchant Wholesalers, Nondurable Goods; Furniture and Home Furnishings Stores; and Merchant Wholesalers, Durable Goods. Within those three WRT subsectors, the highest rates of WMSD claims were noted in five subgroups: furniture stores and wholesalers of alcoholic beverages, groceries and related products, metal and minerals, and motor vehicle parts. Providing recommendations for WMSD prevention is particularly important for these WRT subgroups.

Updates in medical malpractice: an otology perspective.

PubMed

Ruhl, Douglas S; Littlefield, Philip D

2015-10-01

Most surgeons at some point are involved in a medical malpractice case. There has been an increase in the number of manuscripts that analyse malpractice databases and insurance claims, as well as commentaries on the current medicolegal climate recently. This manuscript broadly reviews articles of interest to all providers and then focuses on malpractice in otology. Medical malpractice articles (particularly topics related to otologic surgery published within the last 1-2 years) were searched. The growing body of literature can be divided into the themes of general negligence, mitigating injuries and the use of clinical practice guidelines in the courtroom as guidance for expert witnesses. Recent findings suggest that the frequency of malpractice claims may be decreasing. Hearing loss and facial nerve injury are the most common injuries associated with otologic surgery. These injuries can be costly when negligence is found. Clinic practice guidelines are slowly being used as evidence in the courtroom and there are established guidelines that an expert witness must follow should a surgeon be called to give testimony.

Common causes of injury and legal action in laser surgery.

PubMed

Jalian, H Ray; Jalian, Chris A; Avram, Mathew M

2013-02-01

To identify common causes of legal action, injuries, claims, and decisions related to medical professional liability claims stemming from cutaneous laser surgery. Search of online public legal documents using a national database. Frequency and nature of cases, including year of litigation, location and certification of provider, injury sustained, cause of legal action, verdict, and indemnity payment. From 1985 to 2012, the authors identified 174 cases related to injury stemming from cutaneous laser surgery. The incidence of litigation related to laser surgery shows an increasing trend, with peak occurrence in 2010. Laser hair removal was the most common litigated procedure. Nonphysician operators accounted for a substantial subset of these cases, with their physician supervisors named as defendants, despite not performing the procedure. Plastic surgery was the specialty most frequently litigated against. Of the preventable causes of action, the most common was failure to obtain an informed consent. Of the 120 cases with public decisions, 61 (50.8%) resulted in decisions in favor of the plaintiff. The mean indemnity payment was $380 719. Claims related to cutaneous laser surgery are increasing and result in indemnity payments that exceed the previously reported average across all medical specialties. Nonphysicians performing these procedures will be held to a standard of care corresponding to an individual with appropriate training; thus, physicians are ultimately responsible for the actions of their nonphysician agents.

49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...

49 CFR 579.28 - Due date of reports and other miscellaneous provisions.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 2003 (including any vehicle designated as a 2004 model); (ii) Each manufacturer of child restraint... reports, that it received in each calendar quarter from July 1, 2000, to June 30, 2003, for child... claim or notice involving injury, a claim involving property damage, a consumer complaint, a warranty...