NotesFAQContact Us
Collection
Advanced
Search Tips
ERIC Number: ED015275
Record Type: RIE
Publication Date: 1965
Pages: 1
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
STUDIES IN WORKMEN'S COMPENSATION AND RADIATION INJURY. VOLUME II, THE INCIDENCE, NATURE AND ADJUDICATION OF WORKMEN'S COMPENSATION CLAIMS INVOLVING RADIATION EXPOSURE AND DELAYED INJURY.
O'TOOLE, THOMAS J.
THE PURPOSE OF THE STUDY WAS TO PROVIDE A FACTUAL BACKGROUND AGAINST WHICH JUDGMENTS CAN BE MADE CONCERNING THE MAGNITUDE OF THE PROBLEM OF INJURY APPEARING SOME TIME AFTER THE EXPOSURE TO IONIZING RADIATION AND DETERMINE WHETHER EXISTING LAWS PERMIT A JUST AND EQUITABLE ADJUDICATION OF RADIATION COMPENSATION CLAIMS. THE STUDY WAS BASED UPON THE 109 DELAYED INJURY CASES FOUND IN THE FILES OF ACTUAL COMPENSATION CASES IN A REPRESENTATIVE GROUP OF 10 STATES, THE FEDERAL GOVERNMENT, AND ONE CANADIAN PROVINCE. SOME CONCLUSIONS WERE -- (1) PRESENT DEVICES AND PRACTICE WITH RESPECT TO MEASUREMENTS OF RADIATION EXPOSURE ARE INADEQUATE, (2) SEVERAL CASES RAISE DOUBTS ABOUT THE ACCURACY OR MEANING OF FILM BADGE MEASUREMENTS, (3) THE HIGHLY TECHNICAL QUESTIONS INVOLVED IN MEASURING IONIZING RADIATION POSE FORMIDABLE OBSTACLES FOR ALL BUT TECHNICALLY TRAINED EMPLOYEES, (4) A MORE LIBERAL INTERPRETATION OF THE LAW IN FAVOR OF THE EMPLOYEE WHEN THE FACTS PERMIT WOULD BE MORE NEARLY CONSONANT WITH TRADITIONAL NOTIONS OF JUSTICE AND WITH THE SPECIAL PURPOSES OF WORKMEN'S COMPENSATION LAWS, AND (5) IT DOES NOT SEEM FEASIBLE AT THIS TIME TO ESTABLISH A STATISTICALLY BASED INSURANCE APPROACH TO DELAYED INJURY HAZARDS OF EMPLOYEES EXPOSED TO RADIATION. THE APPENDIX INCLUDES OUTLINES OF COMPENSATION CLAIMS AND ABSTRACTS OF RELEVANT COMMON LAW CASES. RELATED STUDIES ARE VT 003 648 AND VT 003 650. THIS DOCUMENT IS AVAILABLE AS GPO Y3.AT7--2R11/28/VII FOR 35 CENTS FROM SUPERINTENDENT OF DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON, D.C. 20402. (PS)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Atomic Energy Commission, Washington, DC.; Department of Labor, Washington, DC.
Identifiers: N/A