Workers' compensation for law enforcement related post traumatic stress disorder

The questions of how Post Traumatic Stress Disorder (PTSD) manifests itself among police officers and their eligibility to receive workers' compensation for PTSD are explored. The nature of the police officer's occupation, the prevalence of stress-related disorders among police personnel, and the relationship of the police personality to the dynamics of the way stress is manifested are considered. The extent to which workers' compensation statutes in various states cover mental injuries is also examined, and the variables that may affect the outcome of an officer's receiving compensation for PTSD are discussed. Finally, implications for mental health professionals who testify as expert witnesses in cases dealing with police stress, as well as those who work in the assessment and treatment ofpolice personnel, are explored.     

Regulating damage claims for emotional injuries before the First World War

During the late 19th century, as a result of litigation following railway accidents, damage claims for emotional injuries became a medico-legal issue. Efforts to find fair and socially acceptable means of settling such claims involved an interaction between medical theory and legal rules. Between 1866 and 1890 doctors debated the significance of ‘nervous’ symptoms, which resulted from accidents in which Little or no physical damage occurred. They rejected a strictly somatic interpretation of these symptoms and replaced it with a psychosomatic interpretation. Hoping to prevent a fiood of ‘false claims’, Anglo-American courts initially rejected this psychosomatic interpretation, and ruled against damages in cases where fear without physical impact was the cause of the plaintiffs symptoms. Later, common law courts accepted the psychosomatic perspective and granted damages for physical illnesses in which fear was ‘one link in the chain of causation’. While early appeals under workers' compensation laws followed these later courts, worries about the social consequences ofthese rulings were also evident in the years before the First World War.     

Causation in Personal Injury Law: The Case for a Probabilistic Approach

This paper makes the case for a wider acceptance of a probabilistic approach to causation in negligence. This acceptance would help to remove much of the incoherence which has come to afflict the English law of personal injury law. This incoherence can also be found in other common law jurisdictions (notably those of the United States, Canada and Australia). Concentrating upon recent UK case law, the argument opposes the contention that ‘naked statistics’ can play no role in establishing causation. The argument is controversial but it can be reduced to three unremarkable grounds: (1) With its acceptance (albeit in certain carefully prescribed circumstances) of liability for a negligently increased risk which has eventuated, the common law has already embraced a probabilistic conception of causation; (2) The English common law already employs a probabilistic (frequentist) approach to identifying coincidences; and (3) With the ‘balance of probabilities’ as the standard of proof in civil cases, the common law has long had a probabilistic (epistemic) concept at its core. Probabilistic approaches (at both the type and token level) are shown to be consistent with laypersons’ understanding of the concepts such as risk, chance, odds and likelihood. Moreover, a wider acceptance of a probabilistic perspective on causation would entail no major challenge to the fundamental aims of tort, viz. deterrence and corrective justice.     

Aboriginal Self‐Determination in Australia

In the context of Aboriginal–Anglo Australian relations, we tested the effect of framing (multiculturalism versus separatism) and majority group members' social values (universalism) on the persuasiveness of Aboriginal group rhetoric, majority collective guilt, attitudes toward compensation, and reparations for Aboriginals. As predicted, Anglo Australians who are low on universalism report more collective guilt when presented with a multiculturalist than a separatist Aboriginal frame, whereas those high on universalism report high levels of guilt independent of frame. The same pattern was predicted and found for the persuasiveness of the rhetoric and attitudes toward compensation. Our data suggest that (a) for individuals low in universalism, framing produces attitudes consonant with compensation because it produces collective guilt and (b) the reason that universalists are more in favor of compensation and reparation is because of high collective guilt. We discuss the strategic use of language to create power through the manipulation of collective guilt in political contexts.     

Cognitive Discrepancy,Dissonance, and Selective Exposure

Abstract

Although cognitive dissonance is regarded as one of the most recognized causes of selective exposure [N. J. Stroud, Niche News (Oxford University Press, 2011)], the mechanism for such causation is still unclear. By inducing dissonance in a web-based experiment, this study demonstrates how cognitive dissonance relates to information preferences—the intention to seek congruent information and the intention to seek incongruent information. The findings suggest that perceived hostility with respect to one’s belief (cognitive discrepancy) can enhance the intention to seek out for attitude-consistent information. More importantly, individuals were found to have the intention to avoid counterattitudinal information, but only when they experienced some sort of psychological discomfort (dissonance). In other words, while cognitive discrepancy leads individuals to crave for confirming information, only those who encounter negative emotions are likely to employ avoidance of disconfirming information as a dissonance-reduction strategy.     

Just How Unlawful is “Euthanasia”?

Those who campaign for law reform to permit "euthanasia" may seek different things and at least some of what they seek may already be permissible under the criminal law of England and Wales. In this paper I examine one means whereby the criminal law delivers outcomes acceptable to the euthanasia lobby, that is the curious notion of "causation" deployed by the law, which adds a value override to the more usual notion of factual causation such that, for example, if medical treatment falls within the acceptable range as normal and proper, the pre–existing injury or illness is treated as exclusively the cause of death and the doctor escapes criminal liability, even where the medical treatment will shorten life to the certain knowledge, possibly even the wish, of the doctor. Thus the law may already be delivering a range of outcomes — euthanasia in a weak sense — acceptable to the euthanasia lobby. If so, it achieves this by stealth. That is inappropriate to the doctor–patient relationship, which is one of trust. So there is a strong case for greater transparency. Moreover, there are limits to the acceptable outcomes which an unreformed criminal law can deliver and in a range of cases the criminal law condemns the doctor to impotence and the patient to a prolonged, miserable and undignified death. So there is also a case for going beyond the current law and legalising euthanasia in a strong sense.     

Non-Cartesian Substance Dualism and the Problem of Mental Causation

Non-Cartesian substance dualism (NCSD) maintains that persons or selves are distinct from their organic physical bodies and any parts of those bodies. It regards persons as ‘substances’ in their own right, but does not maintain that persons are necessarily separable from their bodies, in the sense of being capable of disembodied existence. In this paper, it is urged that NCSD is better equipped than either Cartesian dualism or standard forms of physicalism to explain the possibility of mental causation. A model of mental causation adopting the NCSD perspective is proposed which, it is argued, is consistent with all that is currently known about the operations of the human central nervous system, including the brain. Physicalism, by contrast, seems ill-equipped to explain the distinctively intentional or teleological character of mental causation, because it effectively reduces all such causation to ‘blind’ physical causation at a neurological level.     

Injury characteristics across functional classes of self-injurious behavior

Self-injurious behavior (SIB) is inherently problematic because it can lead to injuries, including those that are quite severe and may result in loss of function or permanent disfigurement. The current study replicated and extended Rooker et al. (2018) by classifying the physical characteristics of injuries across groups of individuals with automatically maintained SIB (ASIB Subtypes 2 and 3) and socially maintained SIB. Individuals with Subtype 2 ASIB had the most frequent and severe injuries. Further, an inverse relation was found between the level of differentiation in the functional analysis and the number of injuries across groups. Studying the response products of SIB (the injuries) documents the risks associated with SIB, justifies the need for research and the intensive intervention, and advances knowledge of SIB. Additional research is needed to replicate these findings, and determine the variables that produce different characteristics of injury secondary to SIB.     

Post-traumatic stress disorder symptom severity in service members returning from Iraq and Afghanistan with different types of injuries

IntroductionRisk for post-traumatic stress disorder (PTSD) varies in part due to the nature of the traumatic event involved. Both injury and return from combat pose high risk of PTSD symptoms. How different injuries may predispose towards PTSD is less well understood. METHODS: A retrospective record review was conducted from 1402 service members who had returned to Naval Medical Center San Diego from Iraq or Afghanistan and who had completed the PTSD Checklist as part of their post-deployment screening. Rates of PTSD were examined in relation to mechanism of injury. RESULTS: Of those without injury, 8% met Diagnostic and Statistical Manual criteria for PTSD. Thirteen percent of those with a penetrating injury, 29% with blunt trauma, and 33% with combination injuries met criteria for PTSD. PTSD severity scores varied significantly according to type of injury.DiscussionThe World War I concept of "shell shock" implied that blast-related injuries were more likely to result in psychological symptoms than were other injuries. These data may support that idea. Circumstance of injury, population differences, and reporting bias could also have influenced the results.ConclusionThese results suggest that service members with blunt or combination injuries merit particular attention when screening for PTSD.     

A modern myth--that letting die is not the intentional causation of death: some reflections on the trial and acquittal of Dr. Leonard Arthur

ABSTRACT If a doctor kills a severely handicapped infant, he commits an act of murder; if he deliberately allows such an infant to die, he is said to engage in the proper practice of medicine. This is the view that emerged at the recent trial of Dr Leonard Arthur over the death of the infant John Pearson. However, the distinction between murder on the one hand and what are regarded as permissible lettings die on the other rests on the Moral Difference Myth, according to which deliberate lettings die in the practice of medicine are not instances of the intentional causation of death.
I argue that a doctor who refrains from preventing a handicapped infant's death, causes that infant's death and does so intentionally. He commits an act of murder. But, I suggest, not all instances of the intentional causation of death are morally wrong. To the extent that they are not, killing rather than letting die will often be the preferable option because more economical of suffering. Hence what is required is the abolition of the Moral Difference Myth and legislation to the effect that those doctors who justifiably cause a patient's death—whether by an action or by an omission—commit no offence.     

Cognitive capacities for behavioural flexibility in wild chimpanzees (Pan troglodytes): the effect of snare injury on complex manual food processing

In chimpanzees, it is only in the restricted context of tool use that manual and cognitive skills have been described, comparable to those that gorillas and orang-utans display in obtaining plant foods. We report the complex food preparation skills used to eat, without tools, the leaves of the tree Broussonettia papyrifera in the Sonso community of chimpanzees at Budongo Forest, Uganda. Able-bodied individuals used multi-stage techniques that required bimanual role differentiation at several stages, and were hierarchical in organisation. A total repertoire of 14 techniques was found, with strong preference in all individuals for either of two of these; 6 additional techniques were found when flowers and leaves were eaten together. However, in this community over 20% of individuals suffer from some form of upper- or lower-limb injury as a result of snares. We investigated the manner of compensation for upper-limb injury. Only the most severely injured showed reduced feeding efficiency. Injured individuals were found to use the same repertoire of techniques as able-bodied chimpanzees. We found no evidence to suggest that injured individuals were able to develop wholly novel techniques optimal for their specific injuries, although shifts in preference for particular techniques did occur. Rather, injured individuals used novel ways of achieving particular steps in the process; by "working around" their impairments; in this way, they managed to use the same techniques as the able-bodied. Since snare injuries generally befall young animals, these results suggest that chimpanzees learn techniques partly through observational learning (of, necessarily, able-bodied individuals). Accepted after revision: 8 February 2001 Electronic Publication     

Improving subjective health and reducing absenteeism in a natural work life-intervention

A natural one-year work-life intervention to improve occupational health and reduce absenteeism was designed as a field experiment. The intervention allowed the employees in the health care sector of a municipality to take up to five days of self-administered sick leave with full financial compensation up to four times a year. 165 employees in the intervention group and 100 employees in the control group filled out a questionnaire before and after the intervention. The result showed no evidence of misuse of this sick-leave option and some positive subjective health effects were found among those who used the option. Slight improvements were found in musculoskeletal problems and for cold/influenza. There were no effects on overall absenteeism. The question of the impact of local cultures on interventions to improve occupational health is also discussed.     

Testing causal models of job characteristics and employee well‐being: A replication study using cross‐lagged structural equation modelling

This study re‐evaluated causal relationships between job characteristics (demands, autonomy, social support) and employee well‐being (job satisfaction, emotional exhaustion) in a methodological replication of De Jonge et al. 's (2001) two‐wave panel study. The principal difference was the 2‐year time lag between measurements in this study versus a 1‐year time lag in the original study. Three competing causal models were compared: regular causation (job characteristics influence well‐being); reverse causation (well‐being influences job characteristics); and reciprocal causation (combining regular and reverse causation). As in the original study, regular causation offered the best account. Regarding specific longitudinal paths there were some between‐study differences, which are considered in relation to exposure‐time models of stressor‐strain relations.     

The hubris penalty: Biased responses to “Celebration” displays of black football players

We posit that pride and arrogance are tolerated for high-status group members but are repudiated for low-status group members. Thus, we predict that Blacks, but not Whites, who behave arrogantly will be penalized. Specifically, we investigated the context of penalties against football players for “celebrating” after touchdowns. We propose that such celebrations reflect a racially biased “hubris penalty” because: (1) celebrations are primarily perceived as displays of arrogance (rather than exuberance), and (2) arrogance is penalized for Black but not White players. Three experiments demonstrate that all players who celebrated after touchdowns were perceived as more arrogant than those who did not celebrate. Although celebratory Black and White players were perceived as being equally arrogant, Black players were penalized with lower compensation whereas White players were not. Mediation analyses show that perceived arrogance mediated the effect of celebration on compensation, even when controlling for perceived aggression.     

Bicycle helmets – A case of risk compensation?

Several studies have shown that bicycle helmets have the potential of reducing injuries from accidents. Yet, no studies have found good evidence of an injury reducing effect in countries that have introduced bicycle helmet legislation. Two of the most promising explanations for why helmet laws do not work as intended are risk compensation and shifts in the cycle population as a response to the law.The present article investigates whether the lack of effect of helmet wearing laws is due to risk compensation mechanisms or population shifts (i.e. discouraging cyclists with the lowest accident risk, and thereby increasing the overall average risk per cyclist). A random sample of 1504 bicycle owners in Norway responded to a questionnaire on among other things helmet use, bicycle equipment use, accident involvement, cycling behaviour and risk perception. Data were analysed by using structural equation model (SEM). The results show that the cyclist population in Norway can be divided into two sub-populations: one speed-happy group that cycle fast and have lots of cycle equipment including helmets, and one traditional kind of cyclist without much equipment, cycling slowly. With all the limitations that have to be placed on a cross sectional study such as this, the results indicate that at least part of the reason why helmet laws do not appear to be beneficial is that they disproportionately discourage the safest cyclists.     

Service in the Gulf War and Significant Health Problems: Focus on the Central Nervous System

The consensus of several studies on health among Gulf War (GW)-deployed veterans is that they have elevated symptom complaints. Central nervous system (CNS) symptoms among these veterans have been assessed in several investigations. Studies have disagreed as to whether there are neuropsychological deficits in GW-deployed veterans relative to controls. When differences between these groups have been found, they have often been attributed to stress or psychiatric factors, although exposures to neurotoxic substances present in the GW theatre have also been indicted as possible explanations. A review of the existing literature as well as the 5 papers contained in this issue of Journal of Psychopathology and Behavioral Assessment suggests that the neuropsychological and health symptom sequelae of GW zone service are multidetermined and cannot easily be explained on the basis of simplistic models of causation. Psychological, historical, and exposure parameters must be considered in the scientific evaluation of this problem.     

Time and Singular Causation—A Computational Model

Causal queries about singular cases, which inquire whether specific events were causally connected, are prevalent in daily life and important in professional disciplines such as the law, medicine, or engineering. Because causal links cannot be directly observed, singular causation judgments require an assessment of whether a co-occurrence of two events c and e was causal or simply coincidental. How can this decision be made? Building on previous work by Cheng and Novick (2005) and Stephan and Waldmann (2018), we propose a computational model that combines information about the causal strengths of the potential causes with information about their temporal relations to derive answers to singular causation queries. The relative causal strengths of the potential cause factors are relevant because weak causes are more likely to fail to generate effects than strong causes. But even a strong cause factor does not necessarily need to be causal in a singular case because it could have been preempted by an alternative cause. We here show how information about causal strength and about two different temporal parameters, the potential causes' onset times and their causal latencies, can be formalized and integrated into a computational account of singular causation. Four experiments are presented in which we tested the validity of the model. The results showed that people integrate the different types of information as predicted by the new model.     

La réparation des préjudices : aspects juridiques

From the juridical point of view, helping victims means the compensation for damage; substantive law principle means repairing the integral damage caused. The reform of the right of recourse of the third party payers and the new nomenclature for damages constitute a sensitive improvement of the indemnity of personal injuries. However, the implementation of repairing is heterogeneous, several ways, extra judicial or judicial, lead to indemnity.     

‘Oh My Child,What an Inappropriate Spouse for You!’: Asymmetrical Preferences and Parent–Offspring Conflict Over Mating

During human evolutionary time, parents have been influential in controlling the mating decisions of their offspring. As a result, they have evolved preferences that enable them to choose as sons‐in‐law and daughters‐in‐law those individuals who are most beneficial for them. Despite parental control over mating, offspring have been able to exercise their own mate choice, and they have evolved preferences which enable them to choose as mates those individuals who are most beneficial for them. However, parents and offspring are not genetically identical and thus they do not share identical interests with respect to mate choice. As a consequence, in‐law and mate preferences do not always converge, with a number of traits being valued differently in an in‐law and in a spouse. Recent advancements in evolutionary psychology have identified specific in‐law and mate preferences, along with specific areas of disagreement between the two. These findings have important implications for psychology, evolutionary theory and the social sciences, which are further explored.     

To Inspect and Make Safe: On the Morally Responsible Liability of Property Owners

There is currently a stalemate over the correct approach to legal liability. To take a prominent example, it remains a point of contention whether land owners should be held liable for injuries to trespassers. Many of those who insist that land owners should be held liable for injuries to trespassers maintain this for purely economic or pragmatic reasons. In contrast, those on the other side frequently defend their view on the grounds that, in such trespass cases, owners are not morally responsible for the injuries. We maintain that the best way forward for all parties in this debate is to recognize the existence of “morally responsible liability”—of cases where owners qua owners are morally responsible for damages caused by their property. Once this is recognized, the debate can be framed in terms of whether there are economic or pragmatic reasons for legal liability to diverge from morally responsible liability. Unfortunately, there is no good account of morally responsible liability in the literature. Taking lessons from the failings of the few extant accounts, we draw on the work of A. M. Honoré and Jeremy Waldron to develop an account of our own. We argue that owners are morally responsible for damages caused by their property when and because their taking ownership of something leads to increased risk to others. We explain how and why such increases in risk come about, and how our account captures our intuitions concerning various cases, including those concerning injuries to trespassers.