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Legal vs. medical criteria for determining causation in occupational disease claims.

Authors
Cheek-L
Source
Ann NY Acad Sci 1989 Dec; 572:17-22
NIOSHTIC No.
00202326
Abstract
The thesis presented was that the integrity of both workers' compensation and the common law of torts is being severely compromised by the absence of empirical medical and scientific data essential to the fulfillment of the traditional legal requirement of proof of causation to a reasonable certainty by the preponderance of the relevant evidence. It has been argued that statistical evidence of disease incidence among an exposed population is not of much use in judging the condition of a specific worker, but epidemiological information will be helpful in determining the probability that that particular worker's disease was caused by the chemical exposure. One must determine not only whether the claimant's injury is the result of chemical exposure, but whether the chemical to which the claimant was exposed is capable of causing that specific injury. Epidemiological studies may be most helpful in answering these types of questions. If the specific chemical in question is capable of causing that particular disease, then it remains to be documented whether or not the amount of that chemical to which the worker was exposed was sufficient to cause that disease.
Keywords
NIOSH-Publication; Legislation; Epidemiology; Carcinogenesis; Carcinogens; Risk-analysis; Worker-health; Occupational-exposure
CODEN
ANYAA9
Publication Date
19891229
Document Type
Journal Article
Fiscal Year
1990
NTIS Accession No.
NTIS Price
ISBN No.
9780897665230
ISSN
0077-8923
Source Name
Annals of the New York Academy of Sciences
State
DC
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