Letters

摘要

Tait and Chibnall's article "Legal sequelae of occupational back injuries" identifies long-term financial and domestic duress after an employee with a back injury settles a workers' compensation case in Missouri. Tait and Chibnall report that 56.5% of workers with litigated back injuries experience reductions in household income and conclude that there are ethical questions regarding the social justice of the workers' compensation system because of increased financial difficulties after settlement. The authors identify unreimbursed medical expenses and inadequate disability payments. Missouri employers pay for all authorized medical expenses, and they pay two-thirds of the lost wages (without taxes) up to 105% of the state average weekly wage. Those workers who had other collateral sources such as private disability insurance or sickness and accident savings may experience no wage disruption at all. Tait and Chibnall do not distinguish between those cases that were disputed by employers and those that were not. In the disputed case, the employee may have substantial medical bills or unpaid leave not fully compensated by any disability settlement. The claimant in a "disputed case" may have other lifestyle factors contributing to long-term financial difficulties, particularly when the denial is based on such things as positive postinjury drug tests or causation disputes arising from multiple similar prior claims.