Victims of gas leak in Bhopal seek redress on compensation.
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No one is spared a regional backache. Some episodes will compromise function to the extent of work incapacity. Throughout the industrialized world, workers' compensation insurance programs provide recourse for the segment of people whose incapacitating backache is held to have arisen out of and in the course of employment. Most programs have evolved from the Prussian paradigm introduced a century ago. That evolution represents country specific, de facto experiments in health policy. In the case of Japan, the Prussian paradigm was imposed on a very distinctive tradition at the end of World War II. Therein lies one of the more dramatic experiments of health policy. This essay attempts to document the process that resulted. To gain such insight, relevant physicians and bureaucrats in Japan were interviewed and government documents reviewed. This information was supplemented by nonsystematic culling of relevant reflections of scholars also pursuing the heuristic method but with different, usually nonclinical, tempering. It is clear that Japan has evolved an approach to the worker with an incapacitating backache that favors options other than recourse in workers' compensation for redress.
This paper presents a case that documents an extreme example of "fostered dependency." After 18 years of psychoanalysis, which eventually escalated to 8-10 sessions per week, with two treating (and married) analysts, the patient sought legal redress and compensation for negligent treatment. The lawsuit claimed that continued psychotherapy first created, then unduly fostered, dependency. Other problems cited were dual relationships, confused boundaries, excessive sessions, exorbitant fees, length of treatment, failure to keep records, failure to identify goals, and failure to keep therapy focused upon the patient's well-being. This case, which eventually settled out of court, is instructive in several regards: (1) it provides an example of the extent to which dependency can be created and manipulated; (2) it suggests a strategy by which the profession can facilitate a patient's rights; and (3) it also raises a number of broader issues about the conduct of psychotherapy.
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Two-thirds of all occupational permanent disabilities among black workers in South Africa occur in the mining industry. Comparison of compensated permanent disability cases shows that the incidence of permanent disability among black mineworkers is several times higher than that in any other South African industry. Most permanent disabilities sustained in mining fall into the category of 1-5% disability. Trends in the incidence of permanent disability are examined and compensation for disabled black mineworkers is investigated. The basis of workers' compensation legislation involves workers giving up their common-law right to litigate for losses owing to occupational injuries (including pain and suffering) in exchange for guaranteed protection against income losses. However, the evidence suggests that compensation generally does not redress income loss. Most disabled black miners receive compensation payments that are lower than poverty datum levels and high rates of inflation rapidly erode their real value. Since many black workers are repatriated after a disabling accident, the issue of employment becomes crucial. The problems highlighted suggest that compensation legislation requires reform to ameliorate the difficulties faced by disabled black miners and recommendations are made.
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