Compensating Victims of Occupational Lung Disease: The Physician's Role in the System.
NIOSH 1990 Nov:972-974
The role of the physician as a medicolegal consultant and expert witness in cases involving workers' compensation for occupational lung disease was examined. Roles of the physician included describing and diagnosing all significant pathology, proving or disproving a causal relationship between significant pathology and impairment or death, identifying and explaining the etiology of the significant pathology, and evaluating impairment and disability. The importance of completeness, accuracy, and unequivocality in preparation for the legal proceeding was stressed. The author concludes that the physician who becomes a medicolegal consultant in a litigated case of occupational lung disease enters into a topical, socially sensitive and intellectually stimulating professional activity. Since the outcome of occupational lung disease litigation is determined more by medical points than by legal points, the extensive medical and scientific training of a physician gives him enormous advantage over an adversary trained in the law.
Worker-health; Occupational-diseases; Doctors; Occupational-health; Medical-personnel; Lung-disease; Disabled-workers; Physicians;
DHHS (NIOSH) Publication No. 90-108
Proceedings of the VIIth International Pneumoconioses Conference