scholarly journals On the Legal Application Dilemma of the Identification of Work Injury Caused by Infectious Diseases and Its Solutions

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Zhenggang Liu

Although the country has achieved leapfrog development in recent years, all walks of life have made great progress, but due to the short development time, there is still a certain gap in laws and systems compared with developed countries, and there is still a lot to improve the place. For example, the current legal concept of "work-related injury" is absent, and the concepts of "occupational infectious disease" and "occupational disease" have not been censored. Actually, there are no clear regulations and implementation when the identification is carried out. At this stage, the lack of general provisions for the identification of workrelated injuries and the closure of the identification of occupational infectious diseases have made the application of the law for the identification of work-related injuries of infectious diseases quite embarrassing. Based on this, this article elaborates on the legal application dilemma existing in the identification of work-related injuries of infectious diseases, and puts forward some opinions based on its own practical experience, hoping to have a certain reference significance for improving the legal application of workrelated injury identification of infectious diseases in my country.

2019 ◽  
pp. 103-123
Author(s):  
Joanna Wojciechowicz

This article discusses the practical aspects of recognizing an occurrence as a work-re­lated injury. The Act of 30 October 2002 on Social Insurance against Work-related Injuries and Occupational Diseases (consolidated text of 2018, item 1376) contains only a general definition of a ‘work-related injury.’ Moreover, it does not specify the meaning of the terms which are used in it, particularly of terms such as a ‘sud­den occurrence’ or an ‘external cause.’ Many problems stem from a lack of criteria which should be used while deciding whether a ‘considerable contribution to the injury’ due to being under the influence of alcohol or drugs as defined in Article 21 of the Act has occurred. Therefore, during a preliminary investigation, a dis­ability pension authority must determine whether the occurrence in question is a work-related injury. To that end it investigates whether the insured person has contributed to this occurrence to a considerable degree because if he has, such a conduct excludes the right to a work injury benefit. Accordingly, employees of the Social Insurance Company examine the accident scene and collect information in the workplace, from the prosecutor’s office, the police, or the healthcare centre, or by interviewing witnesses. Having documented the factual circumstances and explained all the existing doubts they are then able to define the terms and draw correct conclusions which result in a decision to award a benefit or to refuse it. Owing to the fact that the regulations concerning issues of recognizing an oc­currence as a work-related injury and rights to a benefit are general clauses, it is necessary to be familiar with the current case-law. Without following the trends in the case-law of the Supreme Court one is not able to interpret facts and occur­rences properly and hence the assessment of whether the insured is entitled to a work injury benefit is not possible.


1998 ◽  
Vol 3 (4) ◽  
pp. 6-6
Author(s):  
Marc T. Taylor

Abstract This article discusses two important cases that involve the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). First, in Vargas v Industrial Com’n of Arizona, a claimant had a pre-existing non–work-related injury to his right knee as well as a work-related injury, and the issue was apportionment of the pre-existing injury. The court held that, under Arizona's statute, the impairment from the pre-existing injury should be subtracted from the current work-related impairment. In the second case, Colorado courts addressed the issue of apportionment in a workers’ compensation claim in which the pre-existing injury was asymptomatic at the time of the work-related injury (Askey v Industrial Claim Appeals Office). In this case, the court held that the worker's benefits should not be reduced to account for an asymptomatic pre-existing condition that could not be rated accurately using the AMA Guides. The AMA Guides bases impairment ratings on anatomic or physiologic loss of function, and if an examinee presents with two or more sequential injuries and calculable impairments, the AMA Guides can be used to apportion between pre-existing and subsequent impairments. Courts often use the AMA Guides to decide statutorily determined benefits and are subject to interpretation by courts and administrative bodies whose interpretations may vary from state to state.


2011 ◽  
Vol 1 (2) ◽  
pp. 13-17
Author(s):  
Sanjith S ◽  
◽  
Ramesh Kumar P ◽  

Author(s):  
М. G. Vinnikov ◽  
R. N. Melnik ◽  
S. А. Grin ◽  
А. Ya. Samuylenko ◽  
N. V. Melnik ◽  
...  

The system of veterinary and sanitary measures in the CJSC "Makeevo" of the Zarayskiy municipal district of the Moscow region was studied during 2015-2016. The tests were carried out on 2232 cattle with age and sex composition: 965 cows, 206 heifers, 186 heifers (2014 year of birth), 52 bulls (2014 year of birth,) 426 heifers (2015 year of birth), 397 male calves (2015 year of birth). The system of veterinary and sanitary measures to prevent infectious diseases of cattle have been developed on the basis of modern scientific achievements, taking into account many years of practical experience in Russia, includes a set of measures: an analysis of the current situation in the farm; identification of urgent priority measures, specialists training on the farm, monitoring of the proposed measures implementation; elaboration of the farm development plan. The results of the recommendations production tests and the system of veterinary and sanitary measures on number of cattle in the dairy farm enterprise through the modernization of the production process are presented. Application of organizational-economic, sanitary, diagnostic, preventive and therapeutic measures was allowed to protect 99.25% of animals from necrobacteriosis.


2018 ◽  
Vol 25 (1) ◽  
Author(s):  
Rhett J Stoney ◽  
Douglas H Esposito ◽  
Phyllis Kozarsky ◽  
Davidson H Hamer ◽  
Martin P Grobusch ◽  
...  

Abstract Background Estimates of travel-related illness have focused predominantly on populations from highly developed countries visiting low- or middle-income countries, yet travel to and within high-income countries is very frequent. Despite being a top international tourist destination, few sources describe the spectrum of infectious diseases acquired among travellers to the USA. Methods We performed a descriptive analysis summarizing demographic and travel characteristics, and clinical diagnoses among non-US-resident international travellers seen during or after travel to the USA at a GeoSentinel clinic from 1 January 1997 through 31 December 2016. Results There were 1222 ill non-US-resident travellers with 1393 diagnoses recorded during the 20-year analysis period. Median age was 40 (range 0–86 years); 52% were female. Patients visited from 63 countries and territories, most commonly Canada (31%), Germany (14%), France (9%) and Japan (7%). Travellers presented with a range of illnesses; skin and soft tissue infections of unspecified aetiology were the most frequently reported during travel (29 diagnoses, 14% of during-travel diagnoses); arthropod bite/sting was the most frequently reported after travel (173 diagnoses, 15% after-travel diagnoses). Lyme disease was the most frequently reported arthropod-borne disease after travel (42, 4%). Nonspecific respiratory, gastrointestinal and systemic infections were also among the most frequently reported diagnoses overall. Low-frequency illnesses (<2% of cases) made up over half of diagnoses during travel and 41% of diagnoses after travel, including 13 cases of coccidioidomycosis and mosquito-borne infections like West Nile, dengue and Zika virus diseases. Conclusions International travellers to the USA acquired a diverse array of mostly cosmopolitan infectious diseases, including nonspecific respiratory, gastrointestinal, dermatologic and systemic infections comparable to what has been reported among travellers to low- and middle-income countries. Clinicians should consider the specific health risks when preparing visitors to the USA and when evaluating and treating those who become ill.


2017 ◽  
Vol 53 (3) ◽  
pp. 325-325
Author(s):  
Wan-Ju Cheng ◽  
Ming-Chyi Huang ◽  
Yawen Cheng ◽  
Chun-Hsin Chen ◽  
Chiou-Jung Chen

Work ◽  
2019 ◽  
Vol 61 (4) ◽  
pp. 537-549 ◽  
Author(s):  
Rebecca E. Gewurtz ◽  
Stephanie Premji ◽  
D. Linn Holness

2015 ◽  
Vol 1 (1) ◽  
pp. 17-20
Author(s):  
TR Tanusha ◽  
Mamatha B Patil

ABSTRACT Chylous ascites (CA) is the extravasation of milky chyle into the peritoneal cavity. Chylous ascites commonly affects adults in 50 to 60 years of age but can also occur in pediatric population. In adults, the most common causes are abdominal malignancies and cirrhosis which account for more than two-third of the cases in developed countries, whereas infectious diseases, such as tuberculosis and filariasis, are prevalent in developing countries. Other causes include congenital, inflammatory, postoperative, traumatic and miscellaneous disorders. We hereby report two atypical cases of chylous ascites and also briefly discuss the causes and treatment. How to cite this article Tanusha TR, Patil MB. An Atypical Presentation of Chylous Ascites. J Med Sci 2015;1(1):17-20.


2016 ◽  
Vol 10 (05) ◽  
pp. 537-543 ◽  
Author(s):  
Giulia Bertoli ◽  
Marco Mannazzu ◽  
Giordano Madeddu ◽  
Riccardo Are ◽  
Alberto Muredda ◽  
...  

Since the onset of the worst epidemic of Ebola virus disease in December 2013, 28,637 cases were reported as confirmed, probable, or suspected. Since the week of 3 January 2016, no more cases have been reported. The total number of deaths have amounted to 11,315 (39.5%). In developed countries, seven cases have been diagnosed: four in the United States, one in Spain, one in the United Kingdom, and one in Italy. On 20 July 2015, Italy was declared Ebola-free. On 9 May 2015, an Italian health worker came back to Italy after a long stay in Sierra Leone working for a non-governmental organization. Forty-eight hours after his arrival, he noticed headache, weakness, muscle pains, and slight fever. The following day, he was safely transported to the Infectious Diseases Unit of University Hospital of Sassari. The patient was hospitalized for 19 hours until an Italian Air Force medical division transferred him to Rome, to the Lazzaro Spallanzani Institute. Nineteen people who had contacts with the patient were monitored daily for 21 days by the Public Health Office of Sassari and none presented any symptoms. So far, neither vaccine nor treatment is available to be proposed on an international scale. Ebola is considered a re-emerging infectious disease which, unlike in the past, has been a worldwide emergency. This case study aimed to establish a discussion about the operative and logistic difficulties to be faced and about the discrepancy arising when protocols clash with the reality of facts.


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