Validity and Determinants of Clinicians’ Return to Work Judgments for Individuals Following Whiplash Injury

Rehabilitation clinicians routinely make judgments about the capacity of individuals to return to work following whiplash injury, which can have serious implications for individuals’ continued access to salary indemnity benefits. The present study examined the validity and determinants of these judgments. During a standardized rehabilitation intervention, data regarding demographic factors, crash characteristics, pain severity, range of motion, pain-related psychological functioning, as well as change in the latter three factors over the course of treatment were collected for 104 whiplash-injured individuals (73 women, 31 men). Upon completion of the intervention, clinicians rated the number of hours each individual was capable of working per day. Follow-up data regarding the actual number of hours worked were collected 1 year later. Hierarchical regression analyses revealed that clinicians’ judgments added significant unique variance to the return to work prediction beyond other predictive factors, and that clinicians were particularly influenced by patients’ pain severity and treatment-related change in pain severity in making these judgments. Although clinicians were significantly able to predict return to work, the limited variance accounted for by their judgments (12%) warrants caution in the use of these judgments in decisions related to access to services or indemnity. Factors predictive of clinician judgment and actual return to work are compared, and recommendations to enhance the utility of these judgments are made.     

Editors’ Introduction to the Special Issue, “Southern Criminologies: Methods,Theories and Indigenous Issues”

Critical Criminology -     

Motor Vehicle Collisions and Their Consequences—Part II: Predictors of Impairment and Disability

A significant number of persons involved in motor vehicle collisions (MVCs) evidence persistent changes in physical, psychosocial, and cognitive functioning consequent to physical injury. While post-injury impairment and disability can sometimes be predicted with knowledge of injury type and injury severity, post-injury experiences of pain, psychological distress, cognitive dysfunction, and role disruption have been determined to contribute to injury-related impairment and disability. This article represents the second part of a two-part review of MVCs and their consequences. In part I of the review, research findings related to physical, psychosocial, and cognitive changes that occur consequent to injury-causing MVCs are described. In this article, measures used to document the severity of physical injuries are reviewed, along with the most widely accepted definitions of impairment and disability. Models that have been proposed to explain the progression from injury to impairment and disability are reviewed, including a more recently proposed model created specifically to guide the assessment and management of MVC-related outcomes. The greater part of this article is devoted to the review of findings related to physical, psychological, and cognitive predictors of post-MVC impairment and disability. The relation of these predictors to post-MVC impairment and disability is described across three specific injury contexts: (1) whiplash-associated disorders, (2) traumatic brain injury, and (3) polytrauma. In each context, findings related to recovery of function in the form of return to work are summarized, along with findings related to the contribution of compensation to injury-related symptoms and impairments. Although not characterized as a physical injury, chronic pain serves frequently as the post-injury symptom that persists beyond all injury management and rehabilitation efforts and that contributes significantly to MVC-related functional impairment, disability, and emotional distress. It is appropriate, therefore, to include in this review a discussion of those MVC studies that specifically address impairment and disability occurring in relation to chronic pain. The article ends with the identification of ongoing research challenges and future directions for both the study of MVCs and their associated sequelae and clinical practice with persons who are experiencing the consequences of MVC-related injuries.     

Canadian Police Mothers and the Boys’ Club: Pregnancy,Maternity Leave,and Returning to Work

This article explores police mothers’ perceptions of their workplace experiences during pregnancy and maternity leave and returning to work. Using Charmaz’s (2014 Charmaz, K. (2014). Constructing grounded theory. London, UK: Sage. [Google Scholar]) constructivist grounded theory with a critical feminist lens, qualitative interviews were conducted with 16 police mothers in the province of Ontario, Canada. Our analysis reveals that policewomen work inordinately hard to prove physical and emotional strength in an attempt to be accepted into policing’s boys’ club; encounter negative workplace responses to pregnancy; are often demoted or reassigned during maternity leave; and need to re-prove themselves as officers upon returning to work. Our research aims to enhance retention and foster changes that will best support police mothers, police organizations, and the communities they serve.     

Disability,right to culture and copyright: which regulatory option?

Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high costs of production and distribution, and the full reliance on public funds and intervention of public or non-profit organizations, copyright has traditionally represented an additional obstacle on the path for a broader availability of accessible works. Recently, the situation has worsened with the tilting in the balance between rights and exceptions caused by the legislative response to digital threats, when the unprecedented opportunities offered by new technologies to foster accessibility have been largely trumped by copyright law. Still, the last decades have witnessed the beginning of a paradigm shift, originating from the human rights arena, and moving towards a new definition of the interplay between authors’ rights and the right to take part in cultural life, both at a general level and with particular regards to persons with disabilities. This article offers a diachronic overview of the path that, from the rediscovery of Article 15 of the International Covenant on Economic, Social and Cultural Rights through its General Comments to Article 30 of the United Nations Convention on the Rights of Persons with Disabilities, has led to the adoption of the Marrakesh Treaty. It then analyses, with a focus on the European Union and its Member States, the national and regional responses to the new human rights obligations, looking at the relations between legislative exceptions and model or collective license agreements. The assessment of the strengths and weaknesses of the two main regulatory options lays the groundwork for proposals of further areas of intervention, necessary to fully comply with the international human rights obligations and to achieve the fullest access to and participation in culture possible for persons with disabilities, by using the tools offered by international and national copyright law.     

Excellence in Psychological Injury and Law: Book Review of Motor Vehicle Collisions by Duckworth, Iezzi, and O’Donohue (2008)

In several ways, the book on motor vehicle collisions by Duckworth, Iezzi, and O’Donohue (2008) breaks new ground and should be considered a must-read for workers in the area of psychological injury and law. The editors have assembled a team of expert authors who have cogently analyzed the scientific evidence in the area of motor vehicle collisions and their aftermath, while calling for more research. The book is replete with information that will help practitioners understand and deal with cases involving conditions such as chronic pain, posttraumatic stress, and traumatic brain injury. Practitioners will learn about complications in such cases, including threats to validity and legal aspects. The inclusion of chapters from a medical perspective is a welcome innovation. The book is only lacking in that, although assessment is considered throughout, chapters specifically addressing this topic are not included. The book review concludes that the Motor vehicle collisions book by Duckworth et al. should be included as part of the growing list of excellent resources in the area of psychological injury and law.     

Motor Vehicle Collisions and Their Consequences—Part 1: Common Physical,Psychosocial, and Cognitive Outcomes

Motor vehicle collisions (MVCs) have a significant impact on injured persons and society. MVCs generally result in property damage, but more serious MVCs often result in physical injuries that have significant physical, psychosocial, and cognitive consequences, all of which may result in long-standing functional impairment and disability as well as marked changes in quality of life. This article represents the first part of a two-part review of MVCs; the complex and interactive array of physical, psychosocial, and cognitive changes that occur consequent to injury-causing MVCs; and the person and environmental factors that best predict functional impairment and disability following an MVC. The current article provides an overview of the scope and significance of MVCs and summarizes the literature related to the physical injuries and the physical, psychosocial, and cognitive impairments that are most commonly experienced consequent to MVCs. Physical injuries reviewed in the current article include fractures, whiplash-associated disorders (WADs), traumatic brain injury (TBI), multiple traumatic injuries or polytrauma, and chronic pain conditions. These injuries and conditions are reviewed because of the relative quantity and quality of existing research related to these injuries and conditions. This article also provides a review of those psychological disorders that more commonly begin, recur, or are exacerbated in the aftermath of an MVC. The following psychological disorders are reviewed: posttraumatic stress disorder, complex posttraumatic stress disorder, major depressive disorder, somatic symptom disorder, and major neurocognitive disorder and mild neurocognitive disorder. Finally, this article ends with a brief discussion of changes in quality of life that can occur in relation to the physical injuries and psychological and neurocognitive disorders that are common consequences of MVCs. The final section of this article will serve to introduce part II of this review of MVCs and their consequences, in which predictors of MVC-related impairment and disability are discussed.     

Social Justice and the Human–Environment Relationship: Common Systemic, Ideological, and Psychological Roots and Processes

Historical analyses and contemporary social psychological research demonstrate that prevailing systems, institutions, and practices espouse an ideology of conflict between humans and the natural world. The established paradigm of society espouses domination of and separation from the natural environment, and manifests in environmentally detrimental attitudes and practices. Ecological exploitation appears to stem from the same root socioeconomic processes as social injustice—the hierarchical arrangement of power which places some groups and the environment in a position devoid of power or rights. Accordingly, endorsement of social and environmental injustice is exacerbated by tendencies toward domination and hierarchy, such as social dominance orientation and right-wing authoritarianism. Moreover, injustice is perpetuated by motivation to uphold and justify social structures and the dominant paradigm, which stifles societal change toward intergroup fairness and equality and motivates denial and neglect in the face of environmental problems. Ideological tendencies in service of the system, including political conservatism, belief in a just world, and free market ideology, contribute toward perpetuating injustice as well as anti-environmental sentiment and behavior. Considering the shared psychological and ideological underpinnings of social and environmental injustice point to important interventions, such as cultivating interdependence through contact, fostering inclusive representations, and harnessing ideological motives toward overcoming resistance to change, and carry implications for expanding the scope of justice theory, research, and practice.     

Workers’ Compensation Claimants with Low Back Pain: the Role of Dissatisfaction in the Transition to Disability

Workers’ compensation systems represent naturalistic settings that often are perceived as unjust by the injured workers for which such systems were developed. This study examined the role of dissatisfaction with medical care and employer treatment on disability outcomes among a cohort of workers who had sustained low back injuries. A race-stratified sample of 358 workers (171 African-Americans, 203 Caucasians) with first incident low back pain was evaluated 21 months and again at 72 months after claim settlement. Evaluation included data related to demographics, socioeconomic factors, injury severity, claim settlement, satisfaction with workers’ compensation (WC) processes, and disability status. Multinomial logistic regression analysis was used to predict disability status (no disability vs. early disability vs. late disability) at each of the two time points. Analyses revealed contributions of multiple variables to early disability, including unique variance related to dissatisfaction with medical care and treatment by the employer. At 72 months, only demographic factors (age, race) and the receipt of temporary total disability (TTD) after injury predicted late disability. Results are discussed relative to the contribution of injustice perceptions and systemic factors; directions for future research are proposed.     

Field Work: Masters' Theses and Theses in Progress—1987–1988

Abstract

Arts administration as an academic discipline is relatively new, and there are substantial differences from program to program. For these reasons, the executive editors of The Journal of Arts Management and Law thought it would be valuable to provide an overview of the kinds of subject areas being explored by students enrolled in graduate programs around the country. We mailed two separate requests for theses being completed or in progress in 1987–1988; we hope to update the list every two years. Of the twenty-eight programs that we contacted, eighteen replied. Some programs do not require a thesis; others incorporate internship experiences into a final document. We did ask for recommendations of related theses in other departments on each campus, but such information was rarely forthcoming. We hope that this addition to the journal will give our readers, our colleagues, and future students and practitioners a better sense of a major educational element of the field.     

Computers in criminal justice — Realising the potential: Part II: The future

A number of trends are apparent from the current development of existing Criminal Justice computer systems (CJS). Apart from in probation, the first systems in each criminal justice agency in this country have been designed to assist with routine clerical and administrative tasks — book-keeping in the magistrates' courts, wordprocessing and finance in prisons, etc, which although effective at easing the clerical and administrative tasks have made little overall impact on the operation of criminal justice. They have not, for example, reduced the delays in the criminal justice process, or reduced the overcrowding in prisons. This is in contrast to the US, where computerisation in some courts, for example, has significantly reduced delay and has helped with the operation of sentencing guidelines to bring about a great consistency of sentencing. In Part II of his article A D Maclean looks at what the future holds as far as computers in criminal justice and concerned.     

Correction to: Fighting impunity in hate crime — history,ethics, and the law: An interview with Harsh Mander

Jindal Global Law Review - The original article was corrected.     

Mental Health Service Recipients and Prison Work Release: How Do the Mentally Ill Fare Compared to Other Inmates in Prison Work Release Programs?

The objective of this study was to compare the success rate of the mentally ill and other inmates on prison work release within gender groups. Mentally ill (MI) men (n = 42) had a higher success rate (79%) than other men (NMI) (61%) (n = 49), but this difference only approached statistical significance (p = 0.07), and mental illness did not distinguish male success/failures in regression analyses. Mentally ill women (n = 51) had a statistically significant lower success rate (58%) than other women inmates (n = 49) (83%) on work release. The difference in rates, however, only occurred in the group of women who were currently in prison due to a parole violation, not new court commitments. Regression analysis confirmed the importance of mental illness and current commitment as a parole violator. A greater number of MI men should be allowed to participate in work release. Women with mental health issues who had prior trouble on parole may need enhanced services.     

‘From weird to wired’: MPs,the internet and representative politics in the UK

On 14 May 2002, the House of Commons voted on proposals put forward by the Modernisation Select Committee for reform of the departmental select committee system. This article examines the origins of those proposals, and the outcome of the vote, focusing on one particular proposal to create a Committee of Nomination to place MPs onto select committees. This raises questions regarding two competing academic approaches to explaining parliamentary reform, the ‘attitudinal’ approach and the ‘contextual’ approach, and concludes that, of the two, the ‘contextual’ approach is better placed to explain the failure to create a Committee of Nomination.     

Mutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work?

Netherlands International Law Review - Mutual trust is one of the cornerstones of cooperation in the field of European Union private international law. Based on this principle the rules on the...     

‘She Felt Strongly the Injury to Her Affections’: Breach of Promise of Marriage and the Medicalization of Heartbreak in Early Twentieth-Century Australia

This paper examines the relationship between law, medical knowledge and romantic suffering in early twentieth-century Australia. Drawing upon a sample of breach of promise of marriage actions from 1824 to 1930, it argues that where the plaintiff’s pain was largely presumed in the nineteenth century, by the twentieth century mastering the language and performance of anguish became crucial to legal success. The less that women suffered socially from romantic disappointment, the more they sought to prove it in court. Women dressed the lesions of their hearts in the disinterested language of medicine and borrowed psychological categories of trauma from victims of war and railway injuries. Heartbreak was thus legitimized as a species of pain by a convergence of law, medicine and women’s audacity to take their feelings seriously. The court’s response to these new bodily articulations of suffering provides a counter-history to the usual tale of law’s preference for the tangible over the intangible. Somatic injury was relegated to special damages, determined by the evidence of doctors and with less lucrative compensation, while emotional injury occupied the dominant, more profitable category of general damages. The history of heartbreak thus demonstrates the historical contingency of legal hostility to emotional injury.     

The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.     

Parents and progeny: Inheritance and the transition to adulthood in colonial North Carolina, 1680–1759

There is now an abundance of research on the relative ages of transition to adulthood in colonial America, but, unfortunately, we are still not in a position to offer many generalizations from these myriad historical case studies. There are two reasons for this inconsistency. Some historians have been content to use parental mortality as a proxy for property transfer and we have been reluctant to consider marriage and child-bearing as events that involve, at a minimum, pairs of men and women. Instead, some historians have been content to examine these life course transitions as individual affairs. The article demonstrates the importance of these two points. Direct linkage of intergenerational property transfer has been found to be a powerful predictor of the transition to adulthood and the individual perspective has been found to be an insufficient level of analysis for understanding the social forces underlying the distribution of wealth and, consequently, the transition to adulthood.