Gallagher Rollin M, Williams Rebecca A, Skelly Joan, Haugh Larry D, Rauh Virginia, Milhous Raymond, Frymoyer John
Department of Psychiatry and Behavioral Sciences, The Comprehensive Pain and Rehabilitation Center, SUNY at Stony Brook, Stony Brook, NY 11794-8101 USA Department of Psychiatry, San Diego VAMC, San Diego, CA 92161 USA Departments of Orthopedics and Rehabilitation, University of Vermont, Burlington, VT 05405 USA Biostatistics, College of Medicine, University of Vermont, Burlington, VT 05405 USA Center for Population and Family Health, School of Public Health, Columbia University, New York, NY 10032 USA.
Pain. 1995 May;61(2):299-307. doi: 10.1016/0304-3959(94)00190-P.
The relationship of Workers' Compensation and litigation to low back pain (LBP) outcome is not established in the literature. Our study investigated the characteristics of disabled persons applying for Worker's Compensation or employing a lawyer, the factors predicting receipt of compensation, and the effects of compensation and litigation on employment outcome. One hundred sixty-nine unemployed persons with LBP were assessed by medical history, physical exam, biomechanical testing, psychiatric interview, and MMPI. Subjects were asked whether they had applied for compensation, received it, or had employed a lawyer. Six months later, subjects were asked about their employment and compensation status. Neither compensation status nor involvement of a lawyer significantly improved prediction of employment status 6 months later. Receipt of compensation predicted better outcome in those at risk for poor outcome due to external locus of control. Factors predicting failure to obtain compensation over 6 months, having applied, include education, spinal flexion, ability to do daily activities and affective inhibition. Neurological dysfunction did not predict receipt of compensation in univariate or multivariate analyses; emotional distress reduced the probability of receiving compensation, after controlling for severity of spinal dysfunction. Receipt of compensation and use of a lawyer did not reduce the probability of RTW in disabled persons in the present sample, but increased the likelihood of return to work for groups of individuals at higher risk such as those with external locus of control. Although compensation is awarded on the basis of physical evaluation under the present system, the present findings suggest that the likelihood of receiving compensation is also significantly determined by level of emotional distress.
工人赔偿和诉讼与腰痛(LBP)结局之间的关系在文献中尚未明确。我们的研究调查了申请工人赔偿或聘请律师的残疾人的特征、预测获得赔偿的因素,以及赔偿和诉讼对就业结局的影响。通过病史、体格检查、生物力学测试、精神科访谈和明尼苏达多相人格调查表(MMPI)对169名患有腰痛的失业人员进行了评估。受试者被问及是否申请了赔偿、是否获得赔偿或是否聘请了律师。六个月后,询问受试者他们的就业和赔偿状况。赔偿状况和是否聘请律师均未显著改善对六个月后就业状况的预测。获得赔偿预示着那些因外部控制点而预后不良风险较高的人会有更好的结局。预测申请后六个月内未获得赔偿的因素包括教育程度、脊柱前屈、进行日常活动的能力和情感抑制。在单变量或多变量分析中,神经功能障碍并未预测能否获得赔偿;在控制脊柱功能障碍的严重程度后,情绪困扰降低了获得赔偿的可能性。在本样本中,获得赔偿和聘请律师并未降低残疾人恢复工作(RTW)的概率,但增加了高风险人群(如具有外部控制点的人群)重返工作岗位的可能性。尽管在现行制度下赔偿是根据身体评估来判定的,但目前的研究结果表明,获得赔偿的可能性也受到情绪困扰程度的显著影响。