[Expert testimony on the anatomopathological aspects of silicosis & silicotuberculosis with regard to insurance compensation law].
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Costs of insuring against work-related injuries and diseases have escalated rapidly since 1972; growing variation in premiums among States over the same period may indicate unequal rates of improvement in workers' compensation laws.
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This paper studies scheme structure and information concerning rehabilitation outcome for claimants under the NSW Motor Accidents Scheme and the NSW Workers' Compensation Scheme. It argues that to ensure effective rehabilitation there is a need for consistent, national accident schemes which provide services regardless of fault. In general, health outcomes will be improved if dispute resolution and estimation of level of disability occur in a context which avoids adversarialism. On the other hand, negligence could best be punished and compensation provided to victims as a result of prosecution for breach of duty of care under the relevant protective legislation. Other vital elements in injury prevention and rehabilitation are more effective risk management, worker representation and information provision at the workplace level. Comparable performance measures for rehabilitation and other service providers are also necessary for the attainment of quality management and evidence-based medicine.
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The aim of the medical report in the area of short-term disability claims caused by psychological and psychosomatic disorders is to make a valid prognosis on the further development of absenteeism and/or to estimate the return-to-work probability of the claimant. An analysis of the current practice of determining the validity of claims caused by psychosomatic illnesses shows that it is inadequate and unsatisfactory, mainly as a result of its reliance on a cross-sectional based judgement. The authors present a structured guideline (Multi-Axial-Psychodiagnostic for short-term disability claims, MAP-KTG), which supports, via a multi-dimensional diagnosis process, the validation of the psychological and psychosomatic symptoms of the claimant. It is also used to assess the amount of functional disability with a higher degree of accuracy. The determination of the prognosis, with regard to future work prospects, can be obtained by applying a list of empirically generated variables proven to be associated with the return-to-work probability.
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