Implementation of Compensation Claim's Mechanism through Pretrial for Error in Persona in the Criminal Justice System

An error in persona in the implementation of the criminal justice system is a type of destructive action by law enforcement officers that can cause harm to someone. The use of authority by investigators to arrest and detain and detention and prosecution by public prosecutors is a concrete form of persona error. This study focused on the mechanism of a compensation claim through pre-trial due to a persona error in implementing the criminal justice system and an impediment to the implementation of the pre-trial judge's decision on the granting of the compensation claim. The method used is normative and empirical juridical research. The results showed that the mechanism of a claim for compensation through pre-trial due to an error in person in implementing the criminal justice system was carried out fundamentally at the formulation stage. These formulations outlined in the Code Of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana/ KUHAP) and Government Regulation Concerning Implementation of The Book of Criminal Procedure Law as a basis for the implementation of pre-trial and the application stage. The statutory factors of Decree of the Minister of Finance of the Republic of Indonesia Number: 983 / KMK.01 / 1983 (Keputusan Menteri Keuangan RI Nomor 983/KMK.01/1983) are an impediment in implementing the pre-trial judge's determination of the compensation claim because the regulation governs administrative procedures that are lengthy and involve government agencies.

Union, Employer, and compensation system gaps and failures: Workers with injuries perceptions

BACKGROUND: Workers who suffered a workplace injury and submitted a claim with the compensation board in Ontario often faced economic and non-economic costs that provoked depressive feelings, family strain, financial strain, and feelings of diminished self-worth. OBJECTIVE: This qualitative descriptive study aimed to understand the perceived gaps and failures associated with the support systems (e.g., union, compensation and employer) that were in place to assist some male underground workers in Sudbury, Ontario, Canada who had suffered a workplace injury and had a compensation claim. METHODS: Twelve in-depth, in-person, individual, semi-structured interviews were conducted and data were transcribed verbatim and anonymized at the time of transcription. Data analysis followed Braun and Clarke’s guidelines for thematic analysis. RESULTS: Themes that emerged include: unfair and inadequate recognition of an injury; limited communication with stakeholders involved with their claim, including claim adjudicators, challenges when returning to work, and compensation claim system barriers. CONCLUSIONS: Cooperation, collaboration, knowledge transfer, and decreased power imbalances could help to reduce the economic and non-economic strain felt by a worker with an injury. Additionally, a government-funded third-party advocate who knows the medical system, union contracts, the workers’ compensation system, and employer policies and practices could act on behalf of an injured worker.

Effects of Injury Pattern and Treatment on Case Length and Disposition for Hand Injuries Treated Under a Workers’ Compensation Claim

Background: In treating occupational hand injuries under workers’ compensation, the 2 most important goals are to maximize patient function, ideally to preinjury levels, and permit a timely return to work (RTW). The purpose of this study was to determine factors affecting total case length, that is, the total time from injury until primary closure of a patient’s claim, and disposition among patients with hand injuries treated under workers’ compensation. Methods: All cases treated under workers’ compensation by a single fellowship-trained hand surgeon within a single year were retrospectively reviewed. A case is defined as the entire management and treatment of a single patient related to a single occupational injury incident. Independent variables included age, sex, body mass index, comorbidity, occupation, injury pattern, and treatment modality. Dependent variables included treatment duration from injury to case closure and final case disposition (RTW, functional capacity evaluation [FCE], or loss to follow-up [LTFU]). Comparison between groups was accomplished with analysis of variance. Multivariate linear and logistic regression analysis was performed to predict case length and disposition. Results: In all, 447 cases involving a workers’ compensation claim were reviewed. Among these, 75 (16.8%) were LTFU, 24 (5.4%) required an FCE, and 346 (77.4%) an RTW. The RTW cases averaged 138.5 days, whereas those requiring FCE averaged 331.5 days. Compared with average case length, crush injuries (76.8 days. P < .001) and fractures (111.8 days, P = .0224) had significantly shorter time to closure. In a multivariate linear model, cases of soft tissue and nerve injury were associated with longer case lengths, remaining open for an additional 56.8 and 347.1 days, respectively ( P < .001). Each treatment modality studied, therapy, injections, and surgery, was associated with an increase in case length. Conclusions: Cases requiring FCE were open significantly longer than those resulting in RTW. In addition, injury pattern and treatment modality were associated with significant variations in total case length. These results imply that a specific subset of patients, namely those with soft tissue and nerve injuries, may experience delayed resolution among patients treated under a workers’ compensation claim.

Classification of road traffic injury collision characteristics using text mining analysis: Implications for road injury prevention

Road traffic injuries are a leading cause of morbidity and mortality globally. Understanding circumstances leading to road traffic injury is crucial to improve road safety, and implement countermeasures to reduce the incidence and severity of road trauma. We aimed to characterise crash characteristics of road traffic collisions in Victoria, Australia, and to examine the relationship between crash characteristics and fault attribution. Data were extracted from the Victorian State Trauma Registry for motor vehicle drivers, motorcyclists, pedal cyclists and pedestrians with a no-fault compensation claim, aged > = 16 years and injured 2010–2016. People with intentional injury, serious head injury, no compensation claim/missing injury event description or who died < = 12-months post-injury were excluded, resulting in a sample of 2,486. Text mining of the injury event using QDA Miner and Wordstat was used to classify crash circumstances for each road user group. Crashes in which no other was at fault included circumstances involving lost control or avoiding a hazard, mechanical failure or medical conditions. Collisions in which another was predominantly at fault occurred at intersections with another vehicle entering from an adjacent direction, and head-on collisions. Crashes with higher prevalence of unknown fault included multi-vehicle collisions, pedal cyclists injured in rear-end collisions, and pedestrians hit while crossing the road or navigating slow traffic areas. We discuss several methods to promote road safety and to reduce the incidence and severity of road traffic injuries. Our recommendations take into consideration the incidence and impact of road trauma for different types of road users, and include engineering and infrastructure controls through to interventions targeting or accommodating human behaviour.

Der Ausgleichsanspruch des Franchisenehmers analog § 89b HGB

The study examines the analogue application of the commercial agent compensation claim according to § 89b HGB (German Commercial Code) to franchisees, which the German Federal Court has not yet clarified conclusively. The study differentiates between the various types of franchise agreements that occur in practice. Taking into account the case law on authorised dealers, trademark licensees and others, the author advocates a limitation of analogy to a partial area of the distribution of goods. The study also examines the eligibility requirements and the calculation of compensation. It further offers the practitioner extensive case law references on all aspects of § 89b HGB.