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Journal articles on the topic 'Workmen's compensation'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 March 2023

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1

Langelett, George, and Scott Fausti. "A Supplement to “Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of South Dakota”." Journal of Forensic Economics 21, no. 2 (January 1, 2010): 195–97. http://dx.doi.org/10.5085/jfe.21.2.195.

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Abstract In the Fall 2007 issue of the Journal of Forensic Economics Ralph J. Brown and Erik L. Olsen outline case law relevant for forensic economics in the areas of personal injury and wrongful death litigation in the State of South Dakota. This note supplements Brown's and Olsen's work by discussing three additional issues of which readers should be aware before practicing forensic economics in the State of South Dakota. These issues are: the statutory pre-judgment interest rate, the required discount rate in workmen's compensation cases, and the statutory increase in compensation in workmen's compensation cases.

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2

Bartrip, P. W. J. "Beveridge, Workmen's Compensation and the Alternative Remedy." Journal of Social Policy 14, no. 4 (October 1985): 491–511. http://dx.doi.org/10.1017/s0047279400014999.

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ABSTRACTThe passing of the Workmen's Compensation Act 1897 did not affect an injured worker's rights to sue for damages at common law or under the Employers' Liability Act 1880. However, the evidence suggests that these alternative remedies declined in importance until the 1930s when certain court decisions and acts of Parliament gave them renewed significance. For several reasons Beveridge was antipathetic towards unmodified retention of the alternative remedy, but he proposed the establishment of an official committee for the purpose of making a full inquiry. As a result, the Home Secretary, Herbert Morrison, appointed the Monckton Committee on Alternative Remedies. The Committee's majority report largely endorsed the TUC's viewpoint in recommending maintenance of the alternative remedy. Subsequent legislation, the Law Reform (Personal Injuries) Act, permitted reduction of damages where industrial injuries benefit was secured; otherwise injured workers' rights to sue were perpetuated, albeit with questionable results. Down to the present day the costly alternative remedy survives, despite lack of evidence that it achieves either of its supposed objectives, namely, the compensation of personal injury victims or the deterrence of carelessness.

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3

Elling, Ray H. "Workmen's Compensation in Twentieth Century Britain (Book)." Sociology of Health and Illness 10, no. 4 (December 1988): 620–21. http://dx.doi.org/10.1111/1467-9566.ep10838223.

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4

MARKHAM LESTER, V. "THE EMPLOYERS' LIABILITY/WORKMEN'S COMPENSATION DEBATE OF THE 1890s REVISITED." Historical Journal 44, no. 2 (June 2001): 471–95. http://dx.doi.org/10.1017/s0018246x01001856.

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Historians have praised Joseph Chamberlain's workmen's compensation act of 1897, the foundation of Britain's modern insurance-based compensation scheme for on-the-job injuries, as a forward-looking social programme of great benefit to workers. By contrast, the Liberals' support of the option of potential unlimited employer liability for worker injuries has been viewed as unimaginative and a failure of political leadership at a crucial juncture in the history of the Liberal party's relationship with labour. This article re-examines the employers' liability/workmen's compensation debate of the 1890s, arguing that historians' criticism of the Liberals' position stems from a misunderstanding that the crux of the debate was over the method of fair compensation. To the contrary, as this article demonstrates, the real issue was workplace safety. Far from being caught napping, Liberals strenuously argued the workers' long-held position that workplace safety, that is, the prevention of accidents, was much more important than compensation after the accident occurred and that Chamberlain's compensation scheme would do nothing to improve safety. Significantly, this article reveals that the Liberals were correct in that, while employers immediately gained protection from unlimited liability at minimal cost, worker safety, in fact, did not improve and may have even declined during the first decade of the act's operation.

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5

Turner, Angela, and Arthur McIvor. "‘Bottom dog men’: Disability, Social Welfare and Advocacy in the Scottish Coalfields in the Interwar Years, 1918–1939." Scottish Historical Review 96, no. 2 (October 2017): 187–213. http://dx.doi.org/10.3366/shr.2017.0335.

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This article connects with and builds on recent research on workmen's compensation and disability focussing on the Scottish coalfields between the wars. It draws upon a range of primary sources including coal company accident books, court cases and trade union records to analyse efforts to define and redefine disability, examining the language deployed and the agency of workers and their advocates. It is argued here that the workmen's compensation system associated disability with restricted functionality relating to work tasks and work environments. Disability became more visible and more closely monitored and this was a notably contested and adversarial terrain in Scotland in the Depression, where employers, workers and their collective organisations increasingly deployed medical expertise to support their cases regarding working and disabled bodies. In Scotland, the miners' trade unions emerged as key advocates for the disabled.

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6

Leneman, Leah. "WORKMEN'S COMPENSATION AT THE WEMYSS COAL COMPANY 1906-1924." Scottish Economic & Social History 13, no. 1 (May 1993): 43–55. http://dx.doi.org/10.3366/sesh.1993.13.13.43.

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7

Lovell, John, and P. W. J. Bartrip. "Workmen's Compensation in Twentieth-Century Britain: Law, History and Social Policy." Economic History Review 41, no. 4 (November 1988): 651. http://dx.doi.org/10.2307/2596618.

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8

TSUJIMOTO, Tadashi. "Various Problems around Compensation for Workmen's Accidents Due to Ionization Radiation." Japanese Journal of Health Physics 29, no. 1 (1994): 3. http://dx.doi.org/10.5453/jhps.29.3.

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9

Keelor, John, and Paul B. Bellamy. "A History of Workmen's Compensation, 1898-1915: From Courtroom to Boardroom." Labour / Le Travail 41 (1998): 280. http://dx.doi.org/10.2307/25144249.

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10

Shah, Atul Kumar. "Legal scenario in burn care in India." Indian Journal of Plastic Surgery 43, S 01 (September 2010): S143—S148. http://dx.doi.org/10.1055/s-0039-1699472.

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ABSTRACTPhysicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen's compensation act, Persons with disabilities act and guidelines for calculation of physical impairments are listed.

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11

Pavalko, Eliza K. "State Timing of Policy Adoption: Workmen's Compensation in the United States, 1909-1929." American Journal of Sociology 95, no. 3 (November 1989): 592–615. http://dx.doi.org/10.1086/229327.

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12

Shields, Christopher B., Steven J. Reiss, and Henry D. Garretson. "Chemonucleolysis with chymopapain: results in 150 patients." Journal of Neurosurgery 67, no. 2 (August 1987): 187–91. http://dx.doi.org/10.3171/jns.1987.67.2.0187.

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✓ Chemonucleolysis with chymopapain has been advocated for the treatment of lumbar disc disease. When polled by a mail questionnaire, 150 consecutive patients who had undergone chemonucleolysis reported an overall success rate of only 40% and a failure rate of 60%. However, 57% of the patients were active or had only mild restriction of daily activities. Of those patients employed prior to injection, only 63% had returned to work. Those with workmen's compensation benefits fared considerably worse than those covered by third-party insurance (17% vs. 51% success). These results cast doubt on the long-term benefits of chymopapain in the treatment of lumbar disc disease.

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13

Bolderson, Helen. "P.W.R. Bartrip, Workmen's Compensation in Twentieth Century Britain, Avebury, Aldershot, 1987. 250 pp. £19.50." Journal of Social Policy 18, no. 2 (April 1989): 298–99. http://dx.doi.org/10.1017/s0047279400017542.

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14

Lohiya, Ghan-Shyam, Lilia Tan-Figueroa, and Sonia Lohiya. "Bloodborne Pathogen Exposures in a Developmental Center 1993–2000." Infection Control & Hospital Epidemiology 22, no. 6 (June 2001): 382–85. http://dx.doi.org/10.1086/501919.

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AbstractIn a developmental center, 257 potential bloodborne pathogen exposures (119 bites, 91 scratches, 30 sharps injuries, 17 mucosal breaks) occurred during 8 years (13,187 employee-years and 6,980 resident-years). Of the residents, 9% were hepatitis B virus (HBV) surface antigen carriers. Serological follow-up of exposed, susceptible employees and residents identified no transmission of HBV, hepatitis C virus (HCV), or human immunodeficiency (HIV) virus. This outcome has been due primarily to hepatitis B immunization and low prevalences of HCV or HIV infections among the subjects. Proper follow-up of all potential exposures is crucial to identify transmission promptly, allay anxiety, and prevent unwarranted workmen's compensation claims. Measures are suggested to reduce exposure further.

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15

Ahn, Nicholas, Uri Ahn, Carolien De Roode, Steven Kline, William Hopkins, Alexander Bailey, William Reed, and Glenn Amundson. "4:56100. Rate of total disability after lumbar discogenic fusion in the Workmen's Compensation population." Spine Journal 5, no. 4 (July 2005): S52—S53. http://dx.doi.org/10.1016/j.spinee.2005.05.102.

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16

Azhar, M. M., Robert B. Winter, and Mary B. Dunn. "Congenital Spine Deformity, Congenital Stenosis, Diastematomyelia, and Tight Filum Terminale in a Workmen's Compensation Patient." Spine 21, no. 6 (March 1996): 770–74. http://dx.doi.org/10.1097/00007632-199603150-00024.

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17

Brock, William H. "The Royal Society's Glass Workers' Cataract Committee; Sir William Crookes and the development of sunglasses." Notes and Records of the Royal Society 61, no. 3 (July 3, 2007): 301–12. http://dx.doi.org/10.1098/rsnr.2007.0184.

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After the inclusion of a number of industrial diseases and injuries in the Workmen's Compensation Acts of 1896 and 1906, the government asked the Royal Society to investigate how and why glare and heat apparently caused glassworkers to develop cataracts during their working lives. The activities between 1908 and 1928 of the Glass Workers' Cataract Committee, which was made up of chemists, physiologists and ophthalmologists, are discussed. Emphasis is placed on the attempts by the octogenarian William Crookes (PRS 1913–15) to formulate a spectacle glass that was opaque to infrared and ultraviolet radiation. While providing relief for industrial workers, the research also laid the foundation for the modern sunglasses industry. Other significant work of the Committee concerned the biochemistry of the eye.

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18

Higgens-Evenson, R. "From Industrial Police to Workmen's Compensation: Public Policy and Industrial Accidents in New York, 1880–1910." Labor History 39, no. 4 (November 1998): 365–80. http://dx.doi.org/10.1080/00236679812331387454.

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19

Maciunas, Robert J., and Burton M. Onofrio. "The long-term results of chymopapain chemonucleolysis for lumbar disc disease." Journal of Neurosurgery 65, no. 1 (July 1986): 1–8. http://dx.doi.org/10.3171/jns.1986.65.1.0001.

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✓ The long-term clinical outcome is evaluated for 268 patients after chymopapain chemonucleolysis for radicular complaints referrable to documented intervertebral disc disease. The follow-up period for 92% of these patients was 10 years. No complications due to chymopapain toxicity were observed; 80.1% of patients were relieved of their presenting radicular leg pain and 75.1% were employed at a capacity equal to or more strenuous than before injection. Chemonucleolysis was demonstrated to be a safe and effective treatment modality, with long-term results that compare favorably with those of similarly selected patients undergoing open surgical procedures. In the patients whose chymopapain therapy failed, the outcome of subsequent open surgical procedures was not necessarily compromised by prior chemonucleolysis. A higher rate of failure and subsequent surgical intervention was seen in those patients with injections performed soon after an unsuccessful open procedure on the same side and at the same interspace, those with workmen's compensation or litigation pending, those with a history of work-related injury, those whose employment involved heavy manual labor or extensive driving, and those whose preinjection spine x-ray films indicated retrograde spondylolisthesis.

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20

Cordeau, Michel. "L'article 107 de la Loi sur la faillite et les droits des différents créanciers." Le prêt commercial 28, no. 4 (April 12, 2005): 917–38. http://dx.doi.org/10.7202/042847ar.

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Section 107 of the Bankruptcy Act of Canada establishes an order of collocation of creditors in a bankruptcy which comes in conflict with the order of collocation set out in many provincial statutes, and in particular, with that set out in the Quebec Civil Code for privileges. This has resulted in numerous court debates between creditors and trustees of the bankruptcy as between different categories of creditors who have seen their rank either lowered or elevated by the application of section 107. In the first part of this article, the author examines the categories of creditors concerned by this inversion, being mainly : the landlords, the Crown and Workmen's Compensation Boards. The second part of this article focuses on conflicts between secured creditors under provincial law and preferred creditors under the Bankruptcy Act. The author emphasises the differences that evolved between Quebec case law and the case law of other provinces particularily as to the scope of application of section 107 when there is a conflict between a secured lender and a lien claimant affected by section 107, on property of the bankrupt in which the trustee in bankruptcy has little or no interest.

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21

Mitani, Satoko, Etsuko Ozaki, Naohisa Fujita, Tsukuru Hashimoto, Isao Mori, Takeshi Fukuyama, Takefumi Akatsuka, et al. "Ensuring Adequate Human Medical Resources during an Avian Influenza A/H5N1 Pandemic." Prehospital and Disaster Medicine 26, no. 1 (February 2011): 15–20. http://dx.doi.org/10.1017/s1049023x10000075.

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AbstractIntroduction:When countermeasures are taken against an avian influenza (AI) pandemic in a hospital, it is essential to know the potential number of staff who would choose to be absent. The purpose of this study was to clarify how many medical staff would be willing to work during a pandemic, and requirements to secure adequate human resources.Methods:From September to December 2008, a total of 3,152 questionnaires were sent to five private hospitals and one public hospital, which represent the core hospitals in the regions of Kyoto, Osaka, and Hyogo Prefectures. Participants consisted of hospital staff including: (1) physicians; (2) nurses; (3) pharmacists; (4) radiological technologists (RTs); (5) physical therapists (PTs); (6) occupational therapists (OTs); (7) clinical laboratory technologists (CLTs); (8) caregivers; (9) office clerks; and (10) others. They were queried about their attitude toward pandemics, including whether they would come to the hospital to work, treat patients, and what kinds of conditions they required in order to work.Results: A total of1,975 persons (62.7%) responded. A total of 204 persons (10.6%) would not come to the hospitals during a pandemic, 363 (18.8%) would perform their duties as usual, unconditionally, 504 (26.1%) would come to hospitals but not treat AI patients, and 857 (44.5%) would report to the hospital and treat AI patients with some essential conditions. These essential conditions were: (1) personal protective equipment (PPE) (80.0%); (2) receipt of workmen's compensation (69.3%); (3) receipt of anti-virus medication (58.2%); and (3) receipt of pre-pandemic vaccination (57.8%).Conclusion:During a pandemic, all types of health professionals would be lacking, not only physicians and nurses. This study indicates that ensuring sufficient medical human resources would be difficult without the provision of adequate safety and compensation measures.

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22

Morissette, Yves-Marie. "Une épistémologie du droit : L'État providence de François Ewald." Les Cahiers de droit 28, no. 2 (April 12, 2005): 407–20. http://dx.doi.org/10.7202/042816ar.

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When scholarly research in law confines itself to source materials, it effectively allows positive law to prescribe the limits of the intellectual enquiry. When it does not so confine itself, scholarly research gradually erases as it progresses the boundary between the object of its own enquiry and that of other disciplines in the human sciences. In the author's view, if ultimately law is to be seen as more than standardized common sense armed with a big stick, it must become responsive, from within, to the findings of these disciplines. But this process of integration raises serious methodological difficulties. Their solution, assuming there is one, will draw on epistemology and a reexamination of the relationship between law and knowledge. One recent and most commendable contribution to legal epistemology is François Ewald's L'Étatprovidence. The author, a philosopher, sets out to explain how the fundamental rationality of the French legal system was transformed at the beginning of the XXth century. Having first described the respective functions of law, morality and benevolence in the post revolutionary liberal model, Ewald then shows how probability theory made possible the development of statistics, modern sociology and « insurance technology ». The advent of a workmen's compensation scheme, a result of these developments, marked an epistemological breaking point French private law. From then onwards, the order of distributive justice never ceased to expand: risk became the rule and fault the exception. The change is now irreversible and the modern Welfare State has created its own original brand of justice. Michel Foucault's influence is often noticeable in L'État providence, a complex but fascinating book which illustrates why philosophy, legal scholarship and law, although capable of sharing certain outlooks, must forever remain distinct.

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23

ASHER, ROBERT. "Connecticut’s First Workmen’s Compensation Law." Connecticut History Review 32 (November 1, 1991): 25–50. http://dx.doi.org/10.2307/44369337.

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24

McCaul, J., D. McGuire, I. Koller, G. Thiart, S. Dix-Peek, and M. Solomons. "Workmen’s compensation for occupational hand injuries." South African Medical Journal 109, no. 7 (June 28, 2019): 516. http://dx.doi.org/10.7196/samj.2019.v109i7.13747.

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25

Salehi, Sean A., Rabih Tawk, Aruna Ganju, Frank LaMarca, John C. Liu, and Stephen L. Ondra. "Transforaminal Lumbar Interbody Fusion: Surgical Technique and Results in 24 Patients." Neurosurgery 54, no. 2 (February 1, 2004): 368–74. http://dx.doi.org/10.1227/01.neu.0000103493.25162.18.

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Abstract OBJECTIVE The advantage of anterior column support and fusion in addition to pedicle fixation in patients with degenerative spinal disorders has become increasingly clear. With the increase in popularity of this treatment, a variety of techniques have been used to achieve the goal of anterior column support, fusion, and segmental instrumentation. Posterior lumbar interbody fusion has been used since the late 1940s in the treatment of degenerative lumbar spine. We evaluated a modification to posterior lumbar interbody fusion called transforaminal lumbar interbody fusion (TLIF). METHODS A retrospective analysis was performed on 24 patients (9 women, 15 men) who underwent TLIF. The approach involved a unilateral laminectomy and inferior facetectomy at the level of fusion. The interbody fusion was achieved from this unilateral approach by performing discectomy, arthrodesis, and insertion of one or two titanium cages packed with autologous bone. The average age of the patients in this study was 42.6 ± 12.5 years. Five patients were smokers. Five cases were related to workmen's compensation. Seventeen patients' original symptoms were a combination of low back pain and radiculopathy. Ten patients had had a previous spine operation. RESULTS Eleven patients had L4–S1 TLIFs. The rest of the patients had a single-level TLIF (L2–S1). Average intensive care unit and floor days were 1.1 ± 1.0 and 5.8 ± 2.2 days, respectively. The number of days to ambulation was 2.8 ± 1.6 days. There were a total of six self-limited complications in 24 patients (including one transient neurological complication). The average follow-up time was 16.9 ± 9.1 months. Twenty-two patients had solid fusions. A modified Prolo scale (4 worst, 20 best) was used to evaluate the clinical outcome. The average score was 16.1 ± 4.1. CONCLUSION TLIF is a reliable and safe technique for interbody support that can be performed with excellent clinical outcome. In the authors' experience, TLIF offers excellent exposure with minimal risk. This applies particularly in cases of repeat spine surgery, in which the presence of scar tissue makes traditional posterior lumbar interbody fusion techniques difficult or impossible. In addition, TLIF seems to be a viable alternative to anteroposterior circumferential fusion and/or anterior lumbar interbody fusion.

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26

Holdren, Nate. "Incentivizing Safety and Discrimination: Employment Risks under Workmen’s Compensation in the Early Twentieth Century United States." Enterprise & Society 15, no. 1 (March 2014): 31–67. http://dx.doi.org/10.1093/es/kht135.

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This article takes criticisms of employment discrimination in the aftermath of the creation of workmen’s compensation legislation as a point of entry for arguing that compensation laws created new incentives for employment discrimination. Compensation laws turned the costs of employees’ workplace accidents into a risk that many employers sought to manage by screening job applicants in a manner analogous to how insurance companies screened policy applicants. While numerous critics blamed insurers for discrimination, I argue that the problem was lack of insurance. The less that companies pooled their compensation risks via insurance, the greater the incentives for employers to stop employing people they would have previously been willing to hire.

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27

Larouche, Angers. "LEGISLATION DEROGATING FROM THE QUEBEC CIVIL CODE." Revue générale de droit 14, no. 2 (May 2, 2019): 431–40. http://dx.doi.org/10.7202/1059342ar.

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The author studies how, by the introduction of Statute Law in Civil matters, the Civil Code is been modify. He focuses mainly on the Consumer Protection Act, the Charter of Rights and Freedoms, the Workmen’s Compensation Act, the Automobile Insurance Act, and other Statutes that either derogate, complete or enlarge the scope of the provisions of the Civil Code.

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28

Mahantshetti, Shashidhar, Smita M. Chanabasappagol, and Rukhsar M. Shaikh. "Perception with Respect to Compensation Structure: A Study of Workmen in Manufacturing Industries in North Karnataka." IRA-International Journal of Management & Social Sciences (ISSN 2455-2267) 7, no. 2 (May 29, 2017): 250. http://dx.doi.org/10.21013/jmss.v7.n2.p15.

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<div><p><em>The study explores the worker’s perception with respect to their compensation structure. The current study tries to explore the various dimensions associated with the compensation structure and other job related variables and personal variables. This empirical study tries to probe the relationship between pay satisfaction and the level of motivation exhibited by workmen in manufacturing industries. Similarly the role played by personal variables such as age, tenure on the job, and their association with pay satisfaction is also undertaken. The study is carried out in North Karnataka in cities like Belgaum, Hubli, Dharwad, Bijapur, Bagalkot, Gadag & Gulbarga. 384 contractual workmen across different manufacturing organizations were surveyed to find out the relationship between the various dimensions. The collected data was subjected to chi-square analysis and independent t test. The analysis revealed that there is a strong association between workmen age, nature of employment, motivational levels and their compensation structure. But, it was found out that there was no relationship between tenure on the job and pay satisfaction. </em></p></div>

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29

Tabata, M. "P1101 The effect of health counseling in the secondary health examination under the workmen's accident compensation insurance(Poster Presentation,Occupational Health in the Age of Decentralization Reform in Japan, The 79th Annual Meeting of Japan Society for Occupational Health)." SANGYO EISEIGAKU ZASSHI 48, Special (2006): 627. http://dx.doi.org/10.1539/sangyoeisei.kj00004429758.

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30

ELLISON, D. W., and V. E. WOOD. "Trauma-Related Thoracic Outlet Syndrome." Journal of Hand Surgery 19, no. 4 (August 1994): 424–26. http://dx.doi.org/10.1016/0266-7681(94)90203-8.

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181 patients treated for thoracic outlet syndrome by first rib resection were reviewed. 88 (49%) indicated a single traumatic event which precipitated the thoracic outlet syndrome. 79% of patients with a history of a single traumatic episode had good to excellent results after first rib resection. A separate group of 18 patients developed work-related thoracic outlet syndrome due to repetitive activities. Ratings of good to excellent results were lower (66%) among workmen’s compensation cases.

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31

Anifalaje, Kehinde. "A social security perspective of employees’ compensation law in Nigeria." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 45–82. http://dx.doi.org/10.47348/jccl/v7/i2a3.

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The article examines the adequacy of the Employees’ Compensation Act of 2010 of Nigeria in respect of coverage, financing, entitlement to compensation and benefit structures through the prism of social security and in light of the International Labour Organization’s minimum standards as set out in the relevant Conventions on social security, and comparative best practices. It is argued that the Act marks an important milestone in the annals of work injury compensation in Nigeria, especially given the conversion of the erstwhile individual employer-liability scheme into a social insurance scheme, the expansion of coverage and the extension of the scope of entitlement to benefits that were previously unavailable in the repealed Workmen’s Compensation Act of 1987. Drawing lessons from some common-law jurisdictions, including the United Kingdom, the article highlights some other pertinent issues which need to be addressed to further improve the safety net currently provided for victims of work-related injuries and their dependants, especially the provision of a minimum level of benefits in the form of income support for low-income earners. In conclusion, appropriate reform proposals are suggested.

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32

Fauerbach, J. A., B. J. deLateur, L. H. Engrav, P. Helm, K. Kowalske, D. Lezotte, J. W. Lawrence, J. H. Smith, S. Brych, and L. Ware. "Workmenʼs Compensation: Does it Affect 6-Month Outcome After a Major Burn?" Journal of Burn Care & Rehabilitation 22 (March 2001): S104. http://dx.doi.org/10.1097/00004630-200103002-00116.

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33

White, Neil W., Halton Cheadle, and R. B. Dyer. "Workmens' compensation and byssinosis in South Africa: A review of 32 cases." American Journal of Industrial Medicine 21, no. 3 (1992): 295–309. http://dx.doi.org/10.1002/ajim.4700210303.

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34

Storey, Robert. "Social Assistance or a Worker’s Right: Workmen’s Compensation and the Struggle of Injured Workers in Ontario, 1970–1985." Studies in Political Economy 78, no. 1 (September 2006): 67–91. http://dx.doi.org/10.1080/19187033.2006.11675102.

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35

Hollawell, Shane, Brendan Kane, Christopher Heisey, and Patricia Greenberg. "The Role of Allograft Bone in Foot and Ankle Arthrodesis and High-Risk Fracture Management." Foot & Ankle Specialist 12, no. 5 (November 28, 2018): 418–25. http://dx.doi.org/10.1177/1938640018815227.

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Allogenic bone graft has long been accepted as a standard of care in the surgical arthrodesis of the foot and ankle and treatment of certain high-risk, comminuted fracture types that have greater potential for delayed union or nonunion. It has been shown in multiple studies to be equivalent to autograft in regard to union rates without the morbidity associated with bone graft harvest. We present a retrospective study on the efficacy of an allogenic cancellous/periosteal cellular bone matrix with mesenchymal stem cells and angiogenic growth factors. The study includes a cohort of 41 procedures and 40 patients who underwent foot and ankle arthrodesis, fracture fixation, or a simultaneous combination of both. Radiographic consolidation of the fracture/fusion site was reviewed at regular intervals (first postoperative visit at 1 week and 4, 8, and 12 weeks and at regular intervals until healing was confirmed). Age, workmen’s compensation insurance, diabetes, and nicotine use were evaluated as potential risk factors. Our retrospective study indicated that allograft bone has the potential to positively affect union rates in foot and ankle arthrodesis and certain high-risk fracture types that have potential for delayed union/nonunion. Levels of Evidence: Level IV

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36

Masse, Claude. "L'abus des fonctions dans la relation préposé-commettant en droit civil québécois." Les Cahiers de droit 19, no. 3 (April 12, 2005): 595–642. http://dx.doi.org/10.7202/042259ar.

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The following article deals with the problem of « misuse of office » in the principal-agent relationship under Quebec civil law. Despite the abundance of case law, solutions to the problem are not well defined especially in cases involving personality defects of the agent. The law concerning « misuse of office » is generally to be found in article 1054(7) of the Quebec Civil Code concerning the liability of principals. This controverted article not only deals with the liability of masters for servants, but also with the problem of torts committed by agents (art. 1731 C.C.). It also has an effect on workmen's compensation laws. The main issue in « misuse of office » is the determination of what constitutes a carrying out of duties within the scope of employment. The principal can only be held liable for the tort of an agent if three conditions are met : the tort feasor must have been his agent ; he must have committed a wrongful act ; and this act must have been committed in the scope of his employment. After a general view of the fundamental principles involved, the paper defines « misuse of office » as « all torts committed by an agent in the exercice of his duties, even when not authorized to carry out the duties in the manner which he did, but where the activity is designed to benefit his principal ». The only case where the principal escapes liability is where the agent committed a tort which did not involve his work. The agent in that case no longer acts for the benefit of his principal, but is pursuing his personal interest. The principal is then no longer held liable. Determination of the notion of « benefit » therefore becomes essential. Far from being a simple question of monetary profit, it is extended to mean any activity which can serve the principal's enterprise, whether in the improvement of public relations, or of relations with staff or suppliers. The pecuniary gain becomes but one element amongst many others. It is not even necessary for the benefit to ever materialize. The simple fact that the intention was to benefit the principal is sufficient. The review of the case law leads the author to conclude that the modification of the ways in which the duties are carried out has little effect on the liability of the principal. For instance, the agent can change the time, the place and the manner of performance and still engage the liability of the principal. Quebec courts have gone even further. They have held that an agent can go beyond the usual scope of his duties or take up some that he was not authorized to do, without affecting the liability of the principal. In fact, Quebec courts have developed a broad interpretation of the notion of duty. They consider that the agent is called upon to perform tasks more or less accessory to his main duties and thus extend the principal's liability to all of them. As already stated, the notion of «benefit to the principal» is a determining factor. It is not necessary that the agent's work for the principal be exclusive. The agent that derives a personal benefit and simultaneously intends to benefit the principal, will still be considered to have performed an act in the course of his duties. The paper examines a series of problems involving the personality of the agent. Certain tortious acts can be committed in relations with third parties or co-workers, and are the direct result of a personality defect of the agent. Such is the case of a restaurant worker who physically attacks a client as the result of a dispute or of the agent stealing from a client. The paper points out the great difficulty that Quebec courts have experienced in the legal qualification of this situation. After an in-depth study of the Quebec case law, the paper concludes that the trend is to maintain the liability of the principal in these cases. One criterion appears to be well defined : the principal bears the responsibility, when hiring someone, to assure his clients or the persons with whom he does business, that he will respect their property as well as their moral and physical integrity. The necessary tie between the duties of the agent and the relationship with persons coming in contact with him, will engage the liability of the principal. Every time the agent comes in contact with a person in the carrying out of business, the principal will be held responsible for the damage resulting from personality defects of the agent. In all other cases, the relation will be considered personal to the agent and the principal will be relieved of any liability.

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De Silva, Nayanthara, Uthpala Rathnayake, and K. M. U. B. Kulasekera. "Under-reporting of construction accidents in Sri Lanka." Journal of Engineering, Design and Technology 16, no. 6 (December 4, 2018): 850–68. http://dx.doi.org/10.1108/jedt-07-2017-0069.

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Purpose Under-reporting of occupational accidents is a common problem in many countries. This is mainly because of the shortfalls in accident reporting and recording systems. Construction industry being a hazardous industry, the rate of accidents is higher compared with other industries and apparently a high rate of under-reporting. The purpose of this paper is to investigate the rate of under-reporting, significant reasons for under-reporting and identify the shortcomings in the existing accident reporting system in Sri Lanka in aiming to recommend efficient mechanisms for occupational accident recording and reporting to construction industry. Design/methodology/approach Both secondary and primary data were tapped to gather required data. The secondary data were extracted from the records available in year 2014-2015 at the office of the commissioner for workmen’s compensation and the industrial safety division of the Department of Labor (DoL) to analyze the rate of under-reporting. The primary data were obtained through expert interviews to explore the gaps in reporting system and to identify mechanisms to reduce under-reporting. Findings The findings revealed 80 per cent of construction accidents are under-reported. Eight gaps in the current accident recording and reporting system and key recommendations at organizational and national level for its improvements were identified. Originality/value The findings provide an insight of occupational safety and health (OSH) practices in construction industry and it can be used as an eye opening flash for safety law-makers and practitioners to revisit the existing regulations and practices.

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Aina Ijaola, Irewolede, Olatunbosun Hezekiah Omolayo, Adebimpe Omorinsola Akerele, Ehigiator Faith Osas, and Samuel Ayobami Sonibare. "Perceived Implications of Non-Compliance with Safety Practices in Construction Projects: Construction Professionals’ Awareness Level." International Journal of Real Estate Studies 15, no. 1 (June 23, 2021): 16–26. http://dx.doi.org/10.11113/intrest.v15n1.5.

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Despite the numerous implications of non-compliance with safety practices in construction projects, there are still reports of a low level of compliance with safety rules on construction sites. The study seeks to investigate the awareness level on the implications of non-compliance with safety practices among professionals in construction projects. From the existing literature, two major types of implications namely; direct and indirect cost implications of non-compliance with safety rule were investigated. Questionnaires were used to elicit information from respondents. A hypothesis that examines the differences in the level of awareness on the implications of non-compliance with safety practices among construction professionals was postulated. Kruskal-Wallis test was used to test the hypothesis. The findings show that the awareness level on the implications of non-compliance with safety practice among each professional is high and that there are significant differences in the level of awareness on six implications of non-compliance with safety practices; ‘physical injury/fatality to persons’, ‘workmen’s compensation’, ‘liability insurance premiums, ‘low morale of supervisors and workers’, ‘costs of delay’ and ‘time of cost’. The study concludes that professionals are aware of the implications of non-compliance with safety practices and their professional background affects the awareness level of six of the implications of non-compliance with safety practices. The study contributes to knowledge by identifying the six implications of non-compliance with safety practices where disparity exists in the awareness level among construction professionals. In cases where disparity exists in the awareness level among professionals, construction firms should adopt group discussion as a means of sensitization to increase awareness levels.

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Kalyanrao Y., Guruprasad, and Ashok Kumar B. Nagure. "Clinical profile of patients with allergic contact dermatitis attending tertiary care hospital." International Journal of Research in Dermatology 3, no. 4 (November 23, 2017): 517. http://dx.doi.org/10.18203/issn.2455-4529.intjresdermatol20175124.

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<p class="abstract"><strong>Background:</strong> <span lang="EN-IN">Contact dermatitis is an inflammatory response of the skin to various antigens and irritants. It accounts for a formidable proportion of dermatological consultations. It accounts for a formidable proportion of dermatological consultations. It is associated with significant morbidity, and it is one of the most common reasons for workmen’s compensation claims for skin diseases.</span></p><p class="abstract"><strong>Methods:</strong> <span lang="EN-IN">The Methodology included detailed history especially of potential sensitisers in the environment, occupation, hobbies, any contact with external application of cosmetics, drugs, ointments. Emphases on past history were recorded regarding the mode of presentation, progression, medication taken and their effect on allergic contact dermatitis</span>.<strong></strong></p><p class="abstract"><strong>Results:</strong> <span lang="EN-IN">Allergic contact dermatitis due to <em>Parthenium hysterophorus</em> accounts for 80 (64%) cases, allergic contact dermatitis due to wearing apparel and jewellery accounts for 21 (16.8%) cases, due to topical medicaments 10 (8%), allergic contact dermatitis due to cosmetics and occupational (professional) antigen constituting 7 (5.6%) each. </span></p><p class="abstract"><strong>Conclusions:</strong> <span lang="EN-IN">The most common and important mode of contact is from the pollen or dried leaf fragments flying in the air which settles on the skin, clothes and induces allergy which is known as Air borne contact dermatitis, this is more common in men, outdoor professions or those who spent more time in outdoor including froresters, labourers, engineers, sports person, hunters, gardeners and farmers.</span></p>

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Meladze, Aleko. "SOME ASPECTS OF EXCELLENCE OF CUSTOMS POLICY OF GEORGIA." Economic Profile 16, no. 2(22) (January 15, 2022): 51–63. http://dx.doi.org/10.52244/ep.2021.22.05.

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Customs system and customs activity is an important economic mechanism for the county, which has to follow current modern global and integrative processes in the world. Customs politics based on the reasonable and scientific principles will give the chance to a government to develop priority fields, deepen political and economic relation with the foreign countries, and help social-economic development of the country. Lack of development of real sector in economic Georgia made as import-dependent country. In the whole unit of commercial circulation amount of import exceeds amount of export almost three time. Local market is full with imported products, which is the result that country depends on the import, but, it is possible to create safe economic conditions for the local producers. For that the country should actively use instruments of customs politics While working on above mentioned topic, studying the problem was implemented by using qualitative and quantitative methods. Research of inner information about the topic was fulfilled in the scope of qualitative research. During quantitative research was processed statistic data. Finally, based on the analysis of result corresponding reports were made. Tasks and forms of implementing customs politics, in many cases, harshly oppose each other. That is why, one of the main task is to balance the opposing principles, for this action it is important that customs politics should be flexible, changeable and compatible with current economic occurrence and processes. On modern stage main direction of Georgian customs politics are characterized as having low import tariffs, by being free from customs tax, having less amount of export and import licenses and by not having other quantitative restrictions. But it described as having important gaps in solving modern economic problems and resisting modern challenges. Unfortunately, real sector of economics in Georgia is not developed. According the existed tendencies main priority for the county’s development is tourism. The result is that absolute majority of the product what the population of the country uses, is imported. Given tendency of correlation between import and export results gives us a chance to say that during past years, Political measurements from the state can not reach the aim. Within other factors, given problem is mainly outlined by the level of technological development and innovation problems. Non-existence of subsidiary infrastructure for development export, causes lack of information about potential export markets and not-enough popularity is Georgian products. Except measures taken for stimulating export, state customs politics should be aimed to broaden country’s exporting markets, to diversify exporting countries and export products main part of the export products for today is raw materials, which has low supplemented cost, its export does not need to activate manufacturing processes and local workmen do not take part in this process. Hence it follows that all these positive economic effects which might follow product export from the country, in this case is on low level or does not exist at all. That is why, main factor of the customs politics should be to encourage export ready production and not raw materials. There is cause-effect relation between quality of development of real sector between export and import correlation. Lack of development of real economic sector significantly defines the quality of country’s import-dependence. In order to achieve desired correlation results between import and export for the country, it is important to reduce import index, as well as export index. For the development of real sector of economics it is crucially important to protect economic activities of local manufacturers from the competition with foreign production. The government has got its regulation mechanisms, by using these mechanisms it can achieve above mentioned aim. While implementing customs politics, the government has authority, foreseeing the given situation in the country, use different instruments of customs-tariff regulations, in order to get concrete desired results. For this result it is necessary to fulfill the obligations which the country has towards world trade organization. In order to be recognized Georgia as an equal partner, from the members of the partner countries of World Trade Organization, it is necessary to be legislative basis which will regulate and administrate customs rules and other similar business spheres. Such kind of specific obligations from Georgia were outlined while signing the treaty of partnership with World Trade Organization. It was mentioned not to implement the cases of protection, anti-dumping measures and compensation duties, before other corresponding regulations and legislative acts would be received in the country. One of the main challenge of customs politics for Georgia is to resist with the problems of local manufacturers and protecting domestic market. Finally, we can say that effectiveness of customs politics significantly defines stability of country’s economic development, mainly, stimulating to develop export and protecting domestic market. Accordingly, in this thesis there are reports and recommendations, which represent closing sentences based on the analysis of separate parts of the given work.

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"THE WORKMEN'S COMPENSATION BOARD." Australian Occupational Therapy Journal 15, no. 3 (August 27, 2010): 31. http://dx.doi.org/10.1111/j.1440-1630.1968.tb00278.x.

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Witt, John Fabian. "Workmen's Compensation and the Logics of Social Insurance." SSRN Electronic Journal, 2002. http://dx.doi.org/10.2139/ssrn.311582.

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"THE WORKMEN'S COMPENSATION BOARD: Rehabilitation Clinic, Edmonton, Alberta, Canada." Australian Occupational Therapy Journal 15, no. 2 (August 27, 2010): 29. http://dx.doi.org/10.1111/j.1440-1630.1968.tb00258.x.

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"WORKMEN'S COMPENSATION BOARD - ONTARIO - CANADA HOSPITAL AND REHABILITATION CENTRE." Australian Occupational Therapy Journal 18, no. 2 (August 27, 2010): 17. http://dx.doi.org/10.1111/j.1440-1630.1971.tb00459.x.

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45

Obi-Ochiabutor, Clara C., Chukwunweike A. Ogbuabor, Chioma O. Nwabachili, and Uchechukwu Nwoke. "Interpretation of the Mental Stress Taxonomy under Nigeria's Employees’ Compensation Act 2010." Journal of African Law, September 16, 2022, 1–19. http://dx.doi.org/10.1017/s0021855322000213.

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Abstract Prior to the inception of the Employees’ Compensation Act 2010 (“ECA”), the workers’ compensation system in Nigeria was governed by the Workmen's Compensation Act 1987 (Cap W6 LFN 2004) (“WCA”). The WCA failed to provide an adequate compensation regime for employees, notwithstanding the fact that payment of compensation stems from the employer's duty of care to the employee. Though an employer may be liable for injury, whether physical or mental, sustained by an employee, the WCA, among other things, had no provision for mental stress claims. Neither was the mental health of employees contemplated under its regime. The ECA has sought to close this gap by the provisions of its section 8. Using a comparative perspective, this article examines the dynamics as well as the challenges of applying section 8 of the ECA in the overall interest of the legal system and the labour environment.

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"The Workmen's Compensation Board of Ontario Hospital and Rehabilitation Centre - Downsview." Australian Occupational Therapy Journal 15, no. 2 (August 27, 2010): 24. http://dx.doi.org/10.1111/j.1440-1630.1968.tb00257.x.

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"083074 (E40, M40) Actuarial note on workmen's compensation loss reserves — 25 years later." Insurance: Mathematics and Economics 19, no. 2 (April 1997): 164–65. http://dx.doi.org/10.1016/s0167-6687(97)81737-4.

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48

N Binka, Fred. "The Delaying of Workmen’s Compensation in Ghana: Review Article." Occupational Medicine & Health Affairs 02, no. 02 (2014). http://dx.doi.org/10.4172/2329-6879.1000155.

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Witt, John Fabian. "Ives and MacPherson: Judicial Process in the Regulatory State." Journal of Tort Law 9, no. 1-2 (January 1, 2016). http://dx.doi.org/10.1515/jtl-2016-0010.

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AbstractA century ago, the New York Court of Appeals decided a case whose implications have reverberated through American law ever since. The case, like so many, arose out of one of the most notorious body-smashing technologies of the modern world. And it was a case whose opinion was authored by an up-and-coming jurist rumored to be a likely future nominee to the United States Supreme Court. Naturally, that opinion has appeared in torts casebooks ever since. The case, of course, was not MacPherson v. Buick, the occasion for this symposium, but rather Ives v. South Buffalo Railway, in which the New York Court of Appeals struck down what was essentially the nation’s first workmen’s compensation statute. It does not appear in that many casebooks. But it does in some. In an opinion written by Judge William Werner, the court tried to throw itself in front of the coming regulatory state. It failed, of course, at least in the most obvious sense. The regulatory state plays a vast role in the contemporary state, and has for more than three quarters of a century at least. But the Ives case’s engagement with the compensation scheme anticipated the central theme in American tort law in the century since: the relationship between tort adjudication and the common law, on one hand, and the forms of administration, on the other.

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Yadav, Sajjan S., Phil Edwards, and John Porter. "The incidence of construction site injuries to women in Delhi: capture-recapture study." BMC Public Health 21, no. 1 (May 3, 2021). http://dx.doi.org/10.1186/s12889-021-10930-6.

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Abstract Background In India, the construction sector provides the main alternative to agricultural work - seasonal migration to and from construction work is widespread and construction work remains the second-largest employer of women in the country behind agriculture. Occupational injuries, which kill over 300,000 people annually, are a serious public health concern. However, data on construction site injuries to women are lacking, as India does not publish statistics on occupational injuries and illnesses. Our objectives were to: Estimate the number of women injured in construction site accidents in Delhi; and to estimate and compare the annual construction site injury rates per 100,000 workers of males and females in Delhi. Methods We conducted a two-sample capture-recapture study using data for accidents reported to the Delhi Police, Employee State Insurance Corporation (ESIC), and Commissioners of Workmen Compensation (CWC) of Delhi Government. The capture-recapture method has been used in epidemiology, to estimate morbidity and mortality using multiple, overlapping, but incomplete data sources. This study is based on the injuries reported from construction site accidents in Delhi in 2017. We linked the data from each of the data sources using the name, gender, and age of each injured person, the date and place of the accident, and the name of the employer. We used the Chapman estimator to estimate the total incidence of construction injuries in Delhi. Results We estimated that there was a total of 37 female construction site workers injured (17 fatal and 20 non-fatal) in Delhi in 2017. There was a total of 1043 male construction site workers injured (236 fatal and 807 non-fatal). FIRs ascertained two-thirds (68%) of all injuries to females but only one third (34%) of those to males. The annual construction site injury rate per 100,000 workers of females was 82.26 (95%CI: 57.92 to 113.39). The annual construction site injury rate per 100,000 workers of males was 146.5 (95%CI: 137.7 to 155.6). There was strong evidence (p = 0.001) that the overall construction site injury rate per 100,000 workers of females was about one half the rate of males [rate ratio 0.56 (95%CI: 0.40 to 0.78)]. There was no evidence (p = 0.601) that the rates of fatal injuries differed in males and females (rate ratio 1.14 (95%CI: 0.70 to 1.87). Conclusions This study is the first to estimate the incidence of injuries to female construction site workers in India. The overall injury rate of female construction workers was over half as great as the rate of males. This implies that female construction workers face a not insignificant risk. Hence, safety measures (e.g., personal protective equipment) that are appropriate and culturally acceptable to Indian women are needed.

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