A workers' compensation primer

8. Occupational asthma and allergies

“…4 The definition of OA assumes significant legal importance in the context of different state workers' compensation statutes. 5,6 Preexisting asthma does not preclude development of a work-induced respiratory disorder. However, the clinician must determine whether the putative work exposure caused the preexisting asthma to become transiently symptomatic, or caused a permanent worsening of preexisting asthma by virtue of either an intense corrosive effect or a unique sensitization that worsened the preexistent asthma.…”

Prevention, assessment, and management of work-related injury and disability.

“…In general, benefits are limited to wage replacement and medical costs, without compensation for pain or suffering and without punitive damages. According to Rischitelli (1999), final settlement payments are determined according to medical loss (i.e., bodily function or structure) and wage loss (i.e., diminution of wage earning capacity). In 2003, approximately 125 million persons were covered by workers compensation insurance (Social Security Administration, 2005), or about 98% of the total U.S. workforce (U.S. Department of Labor, 2003), with workers' compensation costs including $26 billion for medical care and $29 billion for disability payments (Social Security Administration, 2005).…”

“…In cases of work-related injury or illness, psychological assessment may be part of the evaluation to determine whether employment caused or substantially contributed to the development or aggravation of the worker's disease and whether there is sufficient evidence to support a causal connection between an identifiable exposure or event and a specific injury or illness (Rischitelli, 1999). In addition, psychologists may be asked whether there are problems that predate the injury and are related to cur-rent work disability.…”

“…When receiving treatment from a psychologist, the employee expects that his or her health will be the most important concern and that he or she will receive fair and appropriate evaluation and treatment. The treating psychologist should be an advocate for reasonable, necessary, and appropriate care of the employee's condition, with an emphasis on returning to work as soon as feasible (Pye & Orris, 2000;Rischitelli, 1999) the provider will render appropriate and timely care, communicate in a timely manner, and be sensitive to cost and expeditious return to work. Medical or psychological services for issues not relevant to the work-related injury or illness should not be billed to the employer or compensation carrier (Pye & Orris, 2000).…”

Experiences of medical advisors in the workers' compensation system in British Columbia.

“…The primary purpose o f workers' compensation is to assist employees who sustain work related injuries or diseases to recover and return to work and/or be compensated by any resulting permanent disability (Franche & Krause, 2002). Workers' compensation is a no-fault insurance system, funded entirely by employers, designed to provide injured workers with medical care and wage replacement benefits without delay, expense, and uncertainty o f civil litigation (Dyck, 2000;Rischitelli, 1999).…”