scholarly journals Study on Ways to Improve the 48 Hours Clause Concerning Work-related Injury

Author(s):  
Chengyu Zeng
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 ◽  

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

2021 ◽  
Vol 29 (2) ◽  
pp. 91-104
Author(s):  
Eun-Ju Jo ◽  
◽  
Dong-Hee Noh ◽  
Seung-Hyup Han ◽  
Kyung-Yoon Kam

2019 ◽  
Vol 76 (Suppl 1) ◽  
pp. A41.2-A41
Author(s):  
Helen Harcombe ◽  
Ari Samaranayaka ◽  
Emma H Wyeth ◽  
Gabrielle Davie ◽  
Ian D Cameron ◽  
...  

BackgroundWork-related injuries can have a large impact on employees, employers and wider society. Preventing subsequent work-related injuries from occurring among those who have already had a work-related injury has the potential to reduce the burden of work-related injuries. However, predictors of subsequent work injuries must first be understood.This study investigates New Zealand participants from the Prospective Outcomes of Injury Study (POIS) with a substantial work-related injury (the ‘sentinel’ injury) and examines subsequent work-related injury events occurring during the following 24 months. Objectives are to: 1) describe the nature of sentinel and subsequent work-related injuries, and 2) examine work-related predictors of subsequent work-related injuries.MethodsOf the 2856 POIS participants, 754 were recruited following a substantial work-related injury. Data were combined from: 1) participant interviews approximately 3 months following their sentinel injury, 2) administrative claims data from New Zealand’s universal no-fault injury insurer (the Accident Compensation Corporation), and 3) hospital discharge data to 24 months. Predictors of subsequent work-related injuries were examined using multivariable analyses.ResultsWork-related sentinel injury events most commonly involved spine dislocations/sprains/strains (25%) with ‘lifting/loading/pulling’ the most common work task involved. One third (34%; n=258) went on to have at least one subsequent work-related injury in the following 24 months. Of those whose sentinel work-related injury was related to ‘lifting/loading/pulling’, 19% had at least one subsequent work-related injury event also related to this type of task. Predictors examined included pre-sentinel injury job strain, social support from colleagues and supervisors, physical work tasks, job security and job satisfaction.ConclusionA substantial proportion of participants with a work-related sentinel injury had further work-related injuries in the following 24 months. The identification of factors that predict those at risk of subsequent work-related injuries could provide a useful focus for those involved in the rehabilitation of people with work-related injuries.


2020 ◽  
Vol 49 (1) ◽  
pp. 146-153
Author(s):  
Syed Mohammed Taif Rizvi ◽  
Mitchell Bishop ◽  
Patrick H. Lam ◽  
George A.C. Murrell

Background: Postoperative pain after arthroscopic rotator cuff repair (RCR) is difficult to predict and manage. The experience of pain is thought to be influenced by a range of different factors. Determining which patient factors contribute to the pain may help us to better understand and manage it. Purpose: To evaluate the preoperative patient characteristics that may be predictive of, and correlated with, postoperative pain after arthroscopic RCR. Study Design: Cohort study; Level of evidence, 3. Methods: The study evaluated 2172 patients who underwent an arthroscopic RCR between February 2004 and December 2015. Pain frequency and severity were measured preoperatively and at 6 weeks after surgery using a modified L’Insalata questionnaire with Likert scales. This 6-week time point was chosen as previous studies have shown patients rank this time point as high in terms of pain after RCR. Logistic regression analysis was conducted to examine the relationship between postoperative pain scores and preoperative pain scores, age, sex, tear size, strength, level of sporting and work activity, and work-related injury status. Results: The severity of preoperative pain at night ( r = 0.33; P < .001), preoperative pain at rest ( r = 0.32; P < .001), and frequency of extreme pain ( r = 0.31; P < .001) were the strongest independent associations with the frequency of pain at 6 weeks postoperatively. Other associations with postoperative pain frequency included reduced liftoff strength ( r = −0.21; P < .001), work-related injury status ( P < .001), younger age ( P = .001), and female sex ( P = .04). Tear size was inversely related with pain severity ( R2 = 0.85). The severity of preoperative pain had the strongest independent association with the severity of postoperative pain at 6 weeks after surgery ( r = 0.35; P < .001). Other associations with postoperative pain severity included increased patient-ranked preoperative stiffness ( P < .001), a poorer impression of one’s shoulder ( P < .001), reduced level of sporting activity ( P < .001), and work-related injury status ( P < .001). Conclusion: Multiple risk factors have been identified for postoperative pain after RCR, the strongest of which is preoperative pain. However, of note, the magnitude of the correlations between preoperative severity and frequency of pain and postoperative severity and frequency of pain were found to be weak to moderate ( r = 0.30-0.35). This suggests that while preoperative pain and its severity are associated with postoperative pain, other factors are likely involved in predicting pain. Smaller tear size, younger age, female sex, and work-related injuries were also associated with postoperative pain at 6 weeks after surgery.


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