WorldWideScience

Sample records for tort claims act

  1. 77 FR 22204 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

    Science.gov (United States)

    2012-04-13

    ... relationship between the national government and the States, or on the distribution of power and... relationship between the Federal government and Indian tribes, or on the distribution of power and... claim for personal injury, including pain and suffering, the claimant is required to submit the...

  2. 77 FR 22236 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

    Science.gov (United States)

    2012-04-13

    ... between the national government and the States, or on the distribution of power and responsibilities among... relationship between the Federal government and Indian tribes, or on the distribution of power and... claim for personal injury, including pain and suffering, the claimant is required to submit the...

  3. Perierapan Yurisdiksi Alien Tort Claim Act Dalam Perspektif Hukum Pidana Internasional

    OpenAIRE

    sefriani, sefriani

    2006-01-01

    ATCk restricts its jurisdiction by imposing some doctrines such as minimum contact, forum non-convenience, political question, International commuty and act of state doc trine. Besides that, it also ignores the International criminal law principles such as presumption of innocence, expeditious trial, equity ofarms and the atendance ofthe suspect in the court. The existence of par im parem in habet Imperium principle recognized ininternational law causes the decision of American Courtis meanin...

  4. Torts.

    Science.gov (United States)

    Thurston, Paul W.

    This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

  5. 78 FR 47153 - Claims Under the Federal Tort Claims Act for Loss of or Damage to Property or for Personal Injury...

    Science.gov (United States)

    2013-08-05

    ... on negligence, wrongful act or omission. Authority: 12 U.S.C. 5492(a)(1), (11); 28 U.S.C. 2672; 28 CFR 14.11. Sec. 1076.101 Claims against a Bureau employee based on negligence, wrongful act or... representative may present a claim against a Bureau employee based on negligence, or wrongful act or omission, as...

  6. Torts.

    Science.gov (United States)

    Thurston, Paul W.

    Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

  7. 32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

    Science.gov (United States)

    2010-07-01

    ... contributory negligence be interpreted and applied according to the law of the place of the occurrence... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law for claims under the Military... Act § 536.77 Applicable law for claims under the Military Claims Act. (a) General principles—(1) Tort...

  8. Resolving Malpractice Claims after Tort Reform: Experience in a Self-Insured Texas Public Academic Health System.

    Science.gov (United States)

    Sage, William M; Harding, Molly Colvard; Thomas, Eric J

    2016-12-01

    To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation. We retrospectively reviewed information about malpractice claimants, malpractice claims, and the process and outcome of dispute resolution. We accessed an internal case management database, supplemented by both electronic and paper records compiled by the university's Office of General Counsel. Closed claims dropped from 244 in 2001-2002 to an annual mean of 96 in 2009-2015, closures following lawsuits from 136 in 2001-2002 to an annual mean of 28 in 2009-2015, and paid claims from 60 in 2001 to an annual mean of 20 in 2009-2015. Patterns of resolution suggest efforts by the university to provide some compensation to injured patients in cases that were no longer economically viable for plaintiffs' lawyers to litigate. The percentage of payments relating to cases in which lawsuits had been filed decreased from 82 percent in 2001-2002 to 47 percent in 2009-2012 and again to 29 percent in 2012-2015, although most paid claimants were represented by attorneys. Unrepresented patients received payment in 13 cases closed in 2009-2012 (22 percent of payments; mean amount $60,566) and in 24 cases closed in 2012-2015 (41 percent of payments; mean amount $109,410). Even after tort reform, however, claims that resulted in payment remained slow to resolve, which was worsened for claimants subject to Medicare secondary payer rules. Strict confidentiality became a more common condition of settlement, although restrictions were subsequently relaxed

  9. 5 CFR 177.102 - Administrative claim; when presented; appropriate OPM office.

    Science.gov (United States)

    2010-01-01

    ... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.102 Administrative claim... have occurred as a result of the incident. (b) All claims filed under the Federal Tort Claims Act as a result of the alleged negligence or wrongdoing of OPM or its employees will be mailed or delivered to the...

  10. 40 CFR 1620.2 - Administrative claim; when presented.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.2 Administrative claim; when presented. (a... negligence or wrongful act or omission of the CSB or its employees must be mailed or delivered to the Office...

  11. The Principal and Tort Liability.

    Science.gov (United States)

    Stern, Ralph D.

    The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

  12. 13 CFR 114.103 - Who may file a claim?

    Science.gov (United States)

    2010-01-01

    ... THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES Administrative.... Death The executor, administrator, or legal representative of the decedent's estate, or any other person...

  13. 44 CFR 11.11 - Administrative claim; when presented; appropriate FEMA office.

    Science.gov (United States)

    2010-10-01

    ... Federal Tort Claims Act § 11.11 Administrative claim; when presented; appropriate FEMA office. (a) For the purpose of this part, and the provisions of the Federal Tort Claims Act a claim is deemed to have been... Administrator of the FEMA Regional Office in which is employed the FEMA employee whose negligence or wrongful...

  14. Some observations on the limitations of present tort law and some thoughts on a comprehensive Nuclear Accident Act

    International Nuclear Information System (INIS)

    Jose, D.E.

    1988-01-01

    The author recalls that the existing English and American tort system has been designed to provide answers to person-specific questions, i.e. whether the acts of the defendant have caused the plaintiff's injury. When the defendant's act was exposure to radiation and the plaintiff's injury is cancer, the present scientific knowledge cannot answer that person-specific question. Only a group answer can be given. Either there are or are not excess cancers in the exposed population. But if excess cancers exist science cannot identify which person's cancer is naturally occurring and which was caused by the radiation exposure. The author discusses changing the present American system's form of analysis. Under tort law and replacing it by a comprehensive Nuclear Accident Act providing a system that could ask group questions and provide group relief (NEA) [fr

  15. Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?

    OpenAIRE

    Lewis, Richard; Morris, Annette; Oliphant, Ken

    2006-01-01

    This article seeks to identify the most reliable sources of statistical information about the workings of the personal injury litigation system in the United Kingdom to present their principal data in clear, straightforward and accessible form, and to subject them to critical analysis. These figures provide the basis for an initial examination of the claim that a damaging compensation culture has developed in the UK in recent years.

  16. 40 CFR 1620.5 - Administrative claim; evidence and information to be submitted.

    Science.gov (United States)

    2010-07-01

    ... INVESTIGATION BOARD ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.5 Administrative... before and after the alleged negligence or wrongful act or omission. (6) Any other evidence or...

  17. 32 CFR 750.44 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... death which was proximately caused, in whole or in part, by any negligence or wrongful act on the part... Chapter. (4) Federal Tort Claims Act. 28 U.S.C. 2671, 2672, and 2674-2680. (5) International Agreements...

  18. Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

    Science.gov (United States)

    Raddatz, Anita

    To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

  19. Tort Damages

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2008-01-01

    textabstractAbstract: In this Chapter, I provide an overview of Law and Economics literature regarding tort damages. Where necessary, attention is also spent to rules of tort liability. Both types of rules provide behavioral incentives to both injurers and victims, with respect to their level of

  20. Testing the Immunity of the Firearm Industry to Tort Litigation.

    Science.gov (United States)

    Studdert, David M; Donohue, John J; Mello, Michelle M

    2017-01-01

    In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

  1. Tort Law and the Civil Jury.

    Science.gov (United States)

    Pittman, Keith A.

    1997-01-01

    Briefly reviews the historical developments of tort law and identifies some of its main component. Tort law concerns wrongful acts (not involving a breach of contract) that may result in a civil action. Major areas include personal injury and wrongful death, intentional torts, negligence, professional malpractice, misrepresentation, and libel.…

  2. 23 CFR 635.124 - Participation in contract claim awards and settlements.

    Science.gov (United States)

    2010-04-01

    ..., officers, or agents acted with gross negligence, or participated in intentional acts or omissions, fraud... opposing party in litigation; and (3) In tort, inverse condemnation, or other claims erroneously styled as...

  3. Tort Suits Against Federal Contractors: An Overview of the Legal Issues

    Science.gov (United States)

    2011-04-07

    Although tort law “exists on a spectrum of culpability,”16 most plaintiffs seeking recovery bring their tort suits based on a theory of negligence ...in contract terms and performance. Other contractors have asserted that state tort law claims against them are preempted under the Federal Tort ...based its decision on the “discretionary function” exception to the FTCA, some lower courts have found that state tort law claims may also be

  4. 78 FR 58202 - Federal Tort Claims Act (FTCA) Medical Malpractice Program Regulations: Clarification of FTCA...

    Science.gov (United States)

    2013-09-23

    ...) Medical Malpractice Program Regulations: Clarification of FTCA Coverage for Services Provided to Non... not limit coverage to childhood vaccinations; and (3) To add the following new example as subsection 6... that have substantial direct effects on the states, the relationship between the national government...

  5. 13 CFR 114.104 - What evidence and information may SBA require relating to my claim?

    Science.gov (United States)

    2010-01-01

    ... BUSINESS ADMINISTRATION ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND... relevant to the government's alleged liability or the damages you claim. (c) For a claim based on death: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death...

  6. 32 CFR 842.94 - Assertable claims.

    Science.gov (United States)

    2010-07-01

    ..., against a tort-feasor when: (a) Damage results from negligence and the claim is for: (1) More than $100... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842.... (The two claims should be consolidated and processed under subpart N). (d) The Tort-feasor or his...

  7. 29 CFR 15.10 - Action on approved claim.

    Science.gov (United States)

    2010-07-01

    .... (a) Payment. Payment of a claim approved under this subpart is contingent upon claimant's execution of a “Voucher for Payment Under Federal Tort Claims Act,” Standard Form 1145. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his or her attorney...

  8. 77 FR 11564 - Draft Policy on Consultation With Alaska Native Claims Settlement Act Corporations

    Science.gov (United States)

    2012-02-27

    ... Claims Settlement Act Corporations AGENCY: Office of the Secretary, Interior. ACTION: Notice of... draft policy on consultation with Alaska Native Claims Settlement Act corporations. DATES: Submit...-199, this consultation policy also applies to corporations established under the Alaska Native Claims...

  9. 33 CFR 25.507 - Claims payable.

    Science.gov (United States)

    2010-07-01

    ... property involved would be liable under local law. (b) The fact that the act giving rise to a claim may constitute a crime does not, by itself, bar relief. (c) Local law or custom pertaining to contributory or comparative negligence, and to joint tort-feasors, are applied to the extent practicable. ...

  10. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

    The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

  11. 36 CFR 1009.4 - Payment of claims.

    Science.gov (United States)

    2010-07-01

    ... TORT CLAIMS ACT § 1009.4 Payment of claims. (a) When an award of $2,500 or less is made, the voucher signed by the claimant shall be transmitted for payment to the Presidio Trust. When an award over $2,500... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Payment of claims. 1009.4...

  12. Tort reform: an issue for nurse practitioners.

    Science.gov (United States)

    Klutz, Diane L

    2004-02-01

    To inform nurse practitioners (NPs) about the issues related to tort reform and its relationship to malpractice insurance costs. Current journals, newspapers, professional newsletters, and Internet sites. NPs are paying more for their malpractice premiums, and many are losing their places of employment as clinics close due to the increased cost of premiums. One method proposed for curbing the flow of monies spent on premiums and litigation is tort law reform. California serves as an example; its Medical Injury Compensation Reform Act (MICRA) tort reform law was passed 25 years ago, and it has maintained stable malpractice premiums. Other states have proposed similar laws, but some have not had similar success. To curb litigation costs, not only should tort laws be reformed, but NPs and physicians should keep abreast of current practice standards in order to provide quality medical care. Like physicians, NPs are affected directly by tort laws. These laws hold NPs accountable at the same level as physicians. In addition, many states limit NPs' practice to delegation of authority by a physician. Liability is therefore transferred from the NP to the physician and vice versa in cases of injury or wrongful act. In addition, many NPs are finding it increasingly difficult to locate insurers who will write policies for medical liability.

  13. 7 CFR 1.51 - Claims based on negligence, wrongful act or omission.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Claims based on negligence, wrongful act or omission. 1.51 Section 1.51 Agriculture Office of the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Claims § 1.51 Claims based on negligence, wrongful act or omission. (a) Authority of the Department...

  14. 32 CFR 536.93 - Claims not payable under the Non-Scope Claims Act.

    Science.gov (United States)

    2010-07-01

    ... agent or employee. The doctrine of comparative negligence does not apply. (b) Is for medical, hospital... recoverable by the claimant under an indemnifying law or indemnity contract. If the claim is in part legally...

  15. 32 CFR 536.78 - Settlement authority for claims under the Military Claims Act.

    Science.gov (United States)

    2010-07-01

    ... compensation of federal employees for job-related injuries (see § 536.44), or untimely filing, TJAG or TAJAG... satisfaction of the claim. (6) Authority to further delegate payment authority is set forth in § 536.3(g)(1) of...

  16. Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far

    Directory of Open Access Journals (Sweden)

    Oluwakemi ADEKILE

    2013-08-01

    Full Text Available This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an analytical assessment of selected core heads of claims in tort, the paper reveals the inadequacy in the foundations of tort law and its regulation of claims for personal injury in Nigeria. Implications: It finds that fault as the primary foundation of tort law in Nigeria creates a large volume of uncompensated plaintiffs, who, without an efficient alternative social security to fall upon, have to personally bear their losses. In the light of this, the paper uses examples from other jurisdictions to recommend that tort law in Nigeria is in need of more legislative intervention. Value: The paper recommends that the provision of a sustainable compensation system for personal injury is imperative for social justice in Nigeria.

  17. Facing the challenge of nuclear mass tort processing

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2017-01-01

    A great majority of states do not issue any specific legislation on nuclear mass tort litigations. They apparently build on general traditional practice as most probably already tried and tested in other areas. Some states defer the decision on the way to deal with mass tort claims to the time of the nuclear incident. They insert into their nuclear liability laws respective 'reminders' that contain an invitation or a demand to the legislator to take appropriate steps if and when necessary. Finally, there are a number of states that enacted elaborate regimes on how to react to, and organise, compensation of mass damages after a catastrophic nuclear incident. Among those states are in particular major nuclear states like Canada, India, Japan and the US. They developed compensation schemes where claims for compensation of nuclear damage shall be dealt with by fora that are not regular courts. In some of those states, the fora are exclusively competent without a right to appeal their decisions, while in other states the fora act in parallel or in complement to courts. So the international scenario appears to be somewhat confusing. Of course, sovereign states are free to organise claims processing, including nuclear mass claims processing, as they deem fit. The discretion of states is, however, limited by obligations under public international law. With regard to the victims of nuclear incidents, states are particularly bound by obligations under the 1948 Universal Declaration of Human Rights and other relevant instruments they may be a party to. National nuclear mass claim processing has in particular to comply with the obligation to guarantee 'a fair and public hearing by an independent and impartial tribunal'. With regard to possible international obligations vis-a-vis other states, it has to be taken into account that major nuclear incidents, as a rule, have transboundary detrimental effects. There is always a potential impact on territories

  18. 32 CFR 842.95 - Non-assertable claims.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842...) Reimbursement for military or civilian employees for their negligence claims paid by the United States. (b) Loss...

  19. Perspectives on a Torts Course.

    Science.gov (United States)

    Bernstein, Anita

    1993-01-01

    One law professor has added interest to a torts course by asking students to select one of five perspectives (economics, corrective justice, feminism, libertarianism, and practicality) on the course content and study it throughout the course. On the final examination, each student must answer one essay question from that viewpoint. (MSE)

  20. Tort versus no-fault: compensation and injury prevention.

    Science.gov (United States)

    O'Connell, J

    1987-02-01

    The tort system, as a means of compensating the victims of injury, no longer fulfills the purpose for which it was intended. The attempt to achieve a fair and rational method of compensation, especially in the areas of medical malpractice and products liability, has been displaced by a form of litigation lottery which permits attorney's fees to divert great amounts of money from victims in needs. A reform of this system is much in need and long overdue. Following a discussion of these and other problems with the tort system, this paper will present a method for ensuring the prompt settlement of most personal injury claims through payment of the victim's net economic losses. The parallels to no-fault auto insurance and workers' compensation are examined and attention is given to the likely impact of this proposal on the conduct of potential injurers and victims.

  1. Removal costs and claims under the Oil Pollution Act of 1990

    International Nuclear Information System (INIS)

    Smith, R.E.

    1993-01-01

    The Oil Pollution Act of 1990 (OPA 90), enacted on August 18, 1990, changed the nature of federal response to oil spills and substantially increased the remedies available to those damaged by oil spills. Prior to OPA 90, the authority for federal oil spill response was found in section 311 of the Federal Water Pollution Control Act (FWPCA), and the funding for federal responses was provided through a revolving fund established under section 311(k). OPA 90 modified section 311 to authorize the President to open-quotes direct and monitor all Federal, State, and private actions to remove a dischargeclose quotes of oil. OPA 90 also authorized the use of the Oil Spill Liability Trust Fund (OSLTF) for federal removal costs, among other uses, thereby significantly increasing the funding available for federal response activities. The effect of OPA 90 is evolving. There are more cases, more removal costs, and more efforts to recover those costs from responsible parties. There are provisions for compensation for claims but relatively few claims so far. It is expected that the next two years will see substantial increases in the number of claims

  2. Tort and the Teacher: Some Considerations.

    Science.gov (United States)

    Hammes, Richard P.

    1979-01-01

    This article provides teachers with an overview on tort liability as it applies to their profession, especially in relation to student injuries. Such legal concepts as tort, negligence, and in loco parentis are discussed and guidelines are drawn from selected court cases. (SJL)

  3. Roadway related tort liability and risk management.

    Science.gov (United States)

    2010-06-01

    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  4. A review of medical malpractice issues in Malaysia under tort litigation system.

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-04-07

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

  5. Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-01-01

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

  6. 77 FR 65048 - Privacy Act; System of Records: Personal Property Claims, State-27

    Science.gov (United States)

    2012-10-24

    ..., claimant number, claim type, incident place, first name, and last name. SAFEGUARDS: All users are given... authentication and time out function. All Department of State employees and contractors with authorized access...

  7. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

    Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

  8. Tort law and medical malpractice insurance premiums.

    Science.gov (United States)

    Kilgore, Meredith L; Morrisey, Michael A; Nelson, Leonard J

    2006-01-01

    This paper estimated the effects of tort law and insurer investment returns on physician malpractice insurance premiums. Data were collected on tort law from 1991 through 2004, and multivariate regression models, including fixed effects for state and year, were used to estimate the effect of changes in tort law on medical malpractice premiums. The premium consequences of national policy changes were simulated. The analysis found that the introduction of a new damage cap lowered malpractice premiums for internal medicine, general surgery, and obstetrics/gynecology by 17.3%, 20.7%, and 25.5%, respectively. Lowering damage caps by dollar 100,000 reduced premiums by 4%. Statutes of repose also resulted in lower premiums. No other tort law changes had the effect of lowering premiums. Simulation results indicate that a national cap of dollar 250,000 on awards for noneconomic damages in all states would imply premium savings of dollar 16.9 billion. Extending a dollar 250,000 cap to all states that do not currently have them would save dollar 1.4 billion annually, or about 8% of the total. A negative effect on malpractice premiums was found for the Dow Jones industrial average, but not for bond prices; effects of the Nasdaq index were not significant for internal medicine, but were marginally significant for surgery and obstetrics premiums.

  9. 76 FR 37897 - Performance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act...

    Science.gov (United States)

    2011-06-28

    ... the statutory language applicable to coverage of claims involving Peace Corps volunteers. The use of... language of this section reverses the statutory burden of proof for Peace Corps Volunteers by adding... comments addressed changes in language regarding suitable employment and loss of wage earning capacity...

  10. 32 CFR 757.4 - Claims that may be collected.

    Science.gov (United States)

    2010-07-01

    ... members and Government employees for damages caused by their simple negligence while acting within the... 2101-2). Collection action shall be taken against third parties liable in tort. Collection action shall...

  11. Pre- and post-processing of TORT data and preliminary experience with TORT version 3

    International Nuclear Information System (INIS)

    Hoogenboom, J.E.; John, T.M.; Hersman, A.; Leege, P.F.A. de

    1997-01-01

    As the cross-section input to the TORT 3-D transport code is very rigid, subroutines have been included in the local version of TORT to process other cross-section libraries. A mixing table routine was added in order to prepare macroscopic cross-sections from microscopic cross-section libraries. Post-processing was added through additional output flux files in the CCCC-format together with the GEODST file describing the geometry. Recently the new TORT version 3 was successfully installed. However, many problems had to be solved to properly extract the source code and documentation from the UNIX script delivered with the code package. Preliminary tests did not show big differences in performance with the older version. (R.P.)

  12. The influence of motor vehicle legislation on injury claim incidence.

    Science.gov (United States)

    Lemstra, Mark; Olszynski, W P

    2005-01-01

    Although there have been numerous strategies to prevent motor vehicle collisions and their subsequent injuries, few have been effective in preventing motor vehicle injury claims. In this paper, we examine the role of legislation and compensation system in altering injury claim incidence. The population base for our natural experiment was all Saskatchewan, Manitoba, British Columbia and Quebec residents who submitted personal injury claims to their respective motor vehicle insurance provider from 1990 to 1999. The provinces of Saskatchewan and Manitoba switched from Tort to pure No-Fault insurance on January 1, 1995 and on March 1, 1994 respectively. British Columbia maintained tort insurance and Quebec maintained pure no-fault insurance throughout the entire 10-year period. The conversion from tort insurance to pure no-fault motor vehicle insurance resulted in a five-year 31% (RR = 0.69; 95% CI 0.68-0.70) reduction in total injury claims per 100,000 residents in Saskatchewan and a five-year 43% (RR = 0.57; 95% CI 0.56-0.58) reduction in Manitoba. At the same time, the province of British Columbia retained tort insurance and had a five-year 5% reduction (RR = 0.95; 95% CI 0.94-0.99). Quebec, which retained pure no-fault throughout the entire 10-year period, had less than one third of the injury claims per 100,000 residents than the tort province of British Columbia. The conversion from tort to pure no-fault legislation has a large influence in reducing motor vehicle injury claim incidence in Canada. Legislative system and injury compensation scheme have an observable impact on injury claim incidence and can therefore have significant impact on the health care system.

  13. “Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada

    Directory of Open Access Journals (Sweden)

    Stuart Hargreaves

    2014-07-01

    Full Text Available While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Analysis suggests that Canadian law has evolved in a way such that it is exceedingly difficult to make a claim for “privacy” in tort when the plaintiff is located in public space. This evolution exists in order to ensure that innocuous behavior not be rendered actionable. Furthermore, conceptual reasons exist to suggest that actions in tort are unlikely to be the best solution to the problems posed by commercial street surveillance. While any individual case of embarrassment or nuisance matters, broader “macro-harms” that impact entire communities reflect perhaps the most serious problem associated with the selective scrutiny of street surveillance imagery. Yet, it seems difficult to justify attaching liability for those harms to the commercial providers. While limits need to be placed on the operation of these street surveillance programmes, it is unlikely that invasion of privacy actions are the most effective way to achieve that goal.

  14. Tort Liability of School Districts, Officers, and Employees

    Science.gov (United States)

    Knowles, Laurence

    1972-01-01

    Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

  15. A Lawyer's Primer on Feminist Theory and Tort.

    Science.gov (United States)

    Bender, Leslie

    1988-01-01

    An overview of major components of feminist theory is given and their use in critiquing tort law is illustrated, focusing in particular on a standard-of-care analysis. It is proposed that the same method can be used to examine many other aspects of negligence and tort law. (Author/MSE)

  16. Employee Retirement Income Security Act of 1974: rules and regulations for administration and enforcement; claims procedure. Pension and Welfare Benefits Administration, Labor. Final regulation.

    Science.gov (United States)

    2000-11-21

    This document contains a final regulation revising the minimum requirements for benefit claims procedures of employee benefit plans covered by Title I of the Employee Retirement Income Security Act of 1974 (ERISA or the Act). The regulation establishes new standards for the processing of claims under group health plans and plans providing disability benefits and further clarifies existing standards for all other employee benefit plans. The new standards are intended to ensure more timely benefit determinations, to improve access to information on which a benefit determination is made, and to assure that participants and beneficiaries will be afforded a full and fair review of denied claims. When effective, the regulation will affect participants and beneficiaries of employee benefit plans, employers who sponsor employee benefit plans, plan fiduciaries, and others who assist in the provision of plan benefits, such as third-party benefits administrators and health service providers or health maintenance organizations that provide benefits to participants and beneficiaries of employee benefit plans.

  17. A Note on the Equivalence between Contractual and Tort Liability

    OpenAIRE

    Germán Coloma; Sergio Pernice

    2000-01-01

    The aim of this paper is to conciliate some conclusions of the economic theories of breach of contract and tort law. The main result is that the two efficient alternatives that tort law identifies (negligence rule and strict liability with a defense of contributory negligence) are mirrored by two efficient ways of defining contract damages. The first consists of forcing the debtor to pay expectation damages but limiting the level of the creditor’s reliance (rule of damage mitigation). The sec...

  18. H.R. 615: A Bill to amend the Black Lung Benefits Act to provide special procedures for certain claims due to pneumoconiosis, and for other purposes. Introduced in the House of Representatives, One Hundred Fourth Congress, First sesssion

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-31

    This legislation proposes additions to the Black Lung Benefits Act related to miners submitting claims due to pneumoconiosis. The act describes the provisions for submitting claims, verification, and cause. It also describes the payment of benefits and the process for judicial review. Sections deal with benefits to survivors and dependents, and additional administrative issues.

  19. 32 CFR 1280.5 - Procedures. 1

    Science.gov (United States)

    2010-07-01

    ... occurred. (c) Claims under the Federal Tort Claims Act arising from negligence of DLA military or civilian... occurred. (d) Tort claims in favor of the United States for damage to or loss or destruction of DLA... involved in an accident giving rise to a claim under the Federal Tort Claims Act, the claim will be handled...

  20. Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far

    OpenAIRE

    Oluwakemi ADEKILE

    2013-01-01

    This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an anal...

  1. DORT and TORT workshop -- Outline for presentation for performance issues for large problems

    International Nuclear Information System (INIS)

    Barnett, A.

    1998-04-01

    This paper addresses the problem of running large TORT programs. The problem being a limited amount of time per job and limited amount of memory and disk space. The solution that the author outlines here is to break up the TORT run in time and space. For the time problem run multiple, sequential, dependent jobs. For the space problem use TORT internal memory conservation features. TORT is a three-dimensional discrete ordinates neutron/photon transport code

  2. Teaching about Tort Law--My Actions, My Actions, Somebody Got Hurt!

    Science.gov (United States)

    Rose, Stephen A.

    1997-01-01

    Presents a lesson plan that uses cases to teach students about three types of torts: intentional wrongs, negligence, and strict liability. Torts are wrongful actions (not involving a breech of contract) that may result in a civic action. Includes lesson procedures, objectives, and student handouts on torts and negligence cases. (MJP)

  3. 32 CFR 536.129 - Claims cognizable as UCMJ claims.

    Science.gov (United States)

    2010-07-01

    ... Personnel Claims Act and chapter 11 of AR 27-20, which provides compensation only for tangible personal... 32 National Defense 3 2010-07-01 2010-07-01 true Claims cognizable as UCMJ claims. 536.129 Section 536.129 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS...

  4. ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS: AN INTERSTATE AFFAIR? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES

    Directory of Open Access Journals (Sweden)

    Roxana Banu

    2013-02-01

    Full Text Available In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe. In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them.   Dans l’arrêt Tolofson c. Jensen, la Cour suprême du Canada a décidé que, dans la plupart des cas, la loi du lieu où le délit a été commis régit exclusivement tous les aspects juridiques qui s’y rapportent. Pour établir cette règle du choix de la loi applicable, la Cour suprême s’est fondée sur une analogie entre le droit international privé et le droit international public. Cela permet au droit international privé de réclamer une

  5. 5 CFR 5501.108 - Exception to the prohibition against assisting in the prosecution of claims against, or acting as...

    Science.gov (United States)

    2010-01-01

    ... regional or village corporations pursuant to the Intergovernmental Personnel Act. 5501.108 Section 5501.108... regional or village corporations pursuant to the Intergovernmental Personnel Act. (a) 18 U.S.C. 205... villages or regional or village corporations pursuant to the Intergovernmental Personnel Act...

  6. Exposing government response action contractors to environmental tort liability

    International Nuclear Information System (INIS)

    Roy, M.J.

    1991-01-01

    Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

  7. Multitasking TORT Under UNICOS: Parallel Performance Models and Measurements

    International Nuclear Information System (INIS)

    Azmy, Y.Y.; Barnett, D.A.

    1999-01-01

    The existing parallel algorithms in the TORT discrete ordinates were updated to function in a UNI-COS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead

  8. Multitasking TORT under UNICOS: Parallel performance models and measurements

    International Nuclear Information System (INIS)

    Barnett, A.; Azmy, Y.Y.

    1999-01-01

    The existing parallel algorithms in the TORT discrete ordinates code were updated to function in a UNICOS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead

  9. 32 CFR 842.110 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ...) Claims for a maritime occurrence covered under U.S. admiralty laws. (o) Claims for: (1) Any tax or... International Agreements Claims Act. (4) The Air Force Admiralty Claims Act and the Admiralty Extensions Act. (5...) Claims from the combat activities of the armed forces during war or armed conflict. (c) Claims for...

  10. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  11. TORT application in reactor pressure vessel neutron flux calculations

    International Nuclear Information System (INIS)

    Belousov, S.I.; Ilieva, K.D.; Antonov, S.Y.

    1994-01-01

    The neutron flux values onto reactor pressure vessel for WWER-1000 and WWER-440 reactors, at the places important for metal embrittlement surveillance have been calculated by 3 dimensional code TORT and synthesis method. The comparison of the results received by both methods confirms their good consistency. (authors). 13 refs., 4 tabs

  12. Children in Civil Law: The Tort of Negligence.

    Science.gov (United States)

    Sheehy, N. P.; Chapman, A. J.

    1984-01-01

    Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

  13. Inherent risk and organisational design in European tort law

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2009-01-01

    textabstractThis paper is devoted to a complex set of issues relating to the functions of tort law in distinguishing acceptable and unacceptable risks. Often, such risks are brought about by deliberate organisational design choice. On many occasions, legislators and courts are called upon to assess

  14. Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

    Science.gov (United States)

    Marcin, Raymond B.

    Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

  15. The TORT three-dimensional discrete ordinates neutron/photon transport code (TORT version 3)

    Energy Technology Data Exchange (ETDEWEB)

    Rhoades, W.A.; Simpson, D.B.

    1997-10-01

    TORT calculates the flux or fluence of neutrons and/or photons throughout three-dimensional systems due to particles incident upon the system`s external boundaries, due to fixed internal sources, or due to sources generated by interaction with the system materials. The transport process is represented by the Boltzman transport equation. The method of discrete ordinates is used to treat the directional variable, and a multigroup formulation treats the energy dependence. Anisotropic scattering is treated using a Legendre expansion. Various methods are used to treat spatial dependence, including nodal and characteristic procedures that have been especially adapted to resist numerical distortion. A method of body overlay assists in material zone specification, or the specification can be generated by an external code supplied by the user. Several special features are designed to concentrate machine resources where they are most needed. The directional quadrature and Legendre expansion can vary with energy group. A discontinuous mesh capability has been shown to reduce the size of large problems by a factor of roughly three in some cases. The emphasis in this code is a robust, adaptable application of time-tested methods, together with a few well-tested extensions.

  16. 31 CFR 3.20 - General.

    Science.gov (United States)

    2010-07-01

    ... owned property caused by the negligence of any officer or employee of the Government acting within the scope of his employment. The Federal Tort Claims Act superseded the Small Claims Act with respect to... Federal Tort Claims Act, for example, claims arising abroad, may be allowable under the Small Claims Act. ...

  17. The reversal of the burden of proof in the Principles of European Tort Law
    A comparison with Dutch tort law and civil procedure rules

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2010-01-01

    Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.

  18. THE INTERPRETATION OF THE AMENDED RAF ACT 56 OF 1996 AND THE REGULATIONS THERETO BY THE COURTS WITH REGARD TO “SERIOUS INJURY” CLAIMS

    Directory of Open Access Journals (Sweden)

    Loma Steynberg

    2012-08-01

    Full Text Available The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1 and 17(1A introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for non-patrimonial loss suffered after a motor-vehicle accident has to prove that his or her injury is “serious”. If the claimant’s injury is not considered “serious” no compensation will be awarded for the non-patrimonial loss suffered and, furthermore, the claimant will also not be entitled to claim any compensation from the wrongdoer in terms of common law (s 21 of the RAF Act. In a sequence of unreported cases the courts have provided guidelines on the procedure to be followed in serious-injury claims. Firstly, a claimant must submit himself or herself to an assessment by a medical practitioner registered under the Health Professions Act. Secondly, the medical practitioner must assess if the injuries sustained by the claimant fall within the list of “non-serious injuries”, and if so, compensation for non-patrimonial loss will not be awarded. If the injury is not on the list of non-serious injuries, the medical practitioner may assess the injuries and if they result in 30 per cent or more of whole-person impairment (“WPI” compensation for non-patrimonial loss may be awarded. If the evaluation is that the 30 per cent of WPI cannot be reached, non-patrimonial loss may still be claimed if the injuries fall within the “narrative test”, namely (a resulting in a serious long-term impairment or loss of a body function; (b constituting permanent serious disfigurement; (c resulting in severe long-term mental or severe long-term behavioural disturbance or disorder; or (d resulting in the loss of a foetus. A plaintiff may use either of the two tests to establish serious injury and in such a manner qualify for compensation for non-patrimonial loss. A medical practitioner must complete and submit a serious

  19. 38 CFR 46.1 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... includes the filing of a complaint or administrative tort claim under the Federal Tort Claims Act, 28 U.S.C... absence. (f) Gross negligence is materially worse than substandard care, and consists of an entire absence...

  20. Time-dependent anisotropic distributed source capability in transient 3-d transport code tort-TD

    International Nuclear Information System (INIS)

    Seubert, A.; Pautz, A.; Becker, M.; Dagan, R.

    2009-01-01

    The transient 3-D discrete ordinates transport code TORT-TD has been extended to account for time-dependent anisotropic distributed external sources. The extension aims at the simulation of the pulsed neutron source in the YALINA-Thermal subcritical assembly. Since feedback effects are not relevant in this zero-power configuration, this offers a unique opportunity to validate the time-dependent neutron kinetics of TORT-TD with experimental data. The extensions made in TORT-TD to incorporate a time-dependent anisotropic external source are described. The steady state of the YALINA-Thermal assembly and its response to an artificial square-wave source pulse sequence have been analysed with TORT-TD using pin-wise homogenised cross sections in 18 prompt energy groups with P 1 scattering order and 8 delayed neutron groups. The results demonstrate the applicability of TORT-TD to subcritical problems with a time-dependent external source. (authors)

  1. 77 FR 26181 - Authorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort...

    Science.gov (United States)

    2012-05-03

    ... Justice. ACTION: Final rule. SUMMARY: The Department of Justice is amending its internal organizational... organizational regulations of the Department of Justice, the Attorney General delegated his authority to settle... of size or merit. This rule provides flexibility to the Director of ATF and is consistent with the...

  2. Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

    National Research Council Canada - National Science Library

    Short, John J

    1987-01-01

    This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

  3. Coupled Tort-TD/CTF Capability for high-fidelity LWR core calculations - 321

    International Nuclear Information System (INIS)

    Christienne, M.; Avramova, M.; Perin, Y.; Seubert, A.

    2010-01-01

    This paper describes the developed coupling scheme between TORT-TD and CTF. TORT-TD is a time-dependent 3D discrete ordinates neutron transport code. TORT-TD is utilized for high-fidelity reactor core neutronics calculations while CTF is providing the thermal-hydraulics feedback information. CTF is an improved version of the advanced thermal-hydraulic sub-channel code COBRA-TF, which is widely used for best-estimate evaluations of LWR safety margins. CTF is a transient code based on a separated flow representation of the two-phase flow. The coupled code TORT-TD/CTF allows 3D pin-by-pin analyses of transients in few energy groups and anisotropic scattering by solving the time-dependent transport equation using the unconditionally stable implicit method. Steady-state and transient test cases, based on the OECD/NRC PWR MOX/UO 2 Core Transient Benchmark, have been calculated. The steady state cases are based on a quarter core model while the transient test case models a control rod ejection transient in a small PWR mini-core fuel assembly arrangement. The obtained results with TORT-TD/CTF are verified by a code-to-code comparison with the previously developed NEM/CTF and TORT-TD/ATHLET coupled code systems. The performed comparative analysis indicates the applicability and high-fidelity potential of the TORT-TD/CTF coupling. (authors)

  4. Reviewing the Suitability of Affirmative Action and the Inherent Requirements of the Job as Grounds of Justification to Equal Pay Claims in Terms Of the Employment Equity Act 55 of 1998

    Directory of Open Access Journals (Sweden)

    Shamier

    2018-01-01

    Full Text Available The Employment Equity Act 55 of 1998 ("EEA" has been amended to include a specific provision dealing with equal pay claims in the form of section 6(4. Section 6(4 of the EEA prohibits unfair discrimination in terms and conditions of employment between employees performing the same or substantially the same work or work of equal value. The Minister of Labour has issued Regulations and a Code to assist with the implementation of the principle of equal pay. Both the Regulations and the Code set out the criteria for assessing work of equal value as well as the grounds of justification to a claim of equal pay for work of equal value (factors justifying differentiation in terms and conditions of employment. The EEA refers to two grounds of justification in respect of unfair discrimination claims, namely affirmative action and the inherent requirements of the job. There is support for the view that these grounds of justification are not suitable to equal pay claims. There is a contrary view that these grounds of justification can apply to equal pay claims. The Labour Courts have not had the opportunity to analyse these grounds of justification in the context of equal pay claims. It is thus necessary to analyse these grounds of justification in order to ascertain whether they provide justifications proper to equal pay claims. The purpose of this article is to analyse the grounds of justification of pay discrimination as contained in South African law, the Conventions and Materials of the International Labour Organisation and the equal pay laws of the United Kingdom. Lastly, an analysis will be undertaken to determine whether affirmative action and the inherent requirements of the job provide justifications proper to equal pay claims.

  5. Mass torts e responsabilità per danno ambientale: una analisi economica

    NARCIS (Netherlands)

    Parisi, F.; Dari-Mattiacci, G.

    2009-01-01

    Nel presente studio verranno esaminate alcune delle problematiche giuridiche e delle categorie economiche introdotte dalla nuova normativa europea in tema di danno ambientale. Le nostre argomentazioni tenderanno a dimostrare che le ipotesi di danno ambientale caratterizzabili come mass torts non

  6. Corporate human rights accountability : the objections of western governments to the Alien Tort Statute / Uta Kohl

    Index Scriptorium Estoniae

    Kohl, Uta

    2014-01-01

    Kohtuasjast Kiobel v Royal Dutch Petroleum Co; USA õigusaktist Alien Tort Statute, mis lubab USA kohtutesse esitada inimõiguste rikkumisega seotud hagisid ka USA kodakondsust mitteomavatel inimestel. Vt ka artiklit lk. 699-719

  7. 38 CFR 14.605 - Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission...

    Science.gov (United States)

    2010-07-01

    ... MISCELLANEOUS CLAIMS Federal Tort Claims § 14.605 Suits against Department of Veterans Affairs employees arising... damage, personal injury, or death allegedly occurring as a result of malpractice or negligence committed... Health Administration. Accordingly, a malpractice or negligence suit for property damage, personal injury...

  8. 32 CFR 536.117 - Statutory authority for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Statutory authority for maritime claims. 536.117... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.117 Statutory authority for maritime claims. The Army Maritime Claims Settlement Act (AMCSA) (10 U.S.C. 4801-04, 4806, as amended) authorizes the...

  9. Medical error reduction and tort reform through private, contractually-based quality medicine societies.

    Science.gov (United States)

    MacCourt, Duncan; Bernstein, Joseph

    2009-01-01

    The current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called "Culture of Silence" in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform -a logical and strategic error, in our view. In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where

  10. [Guideline to prevent claims due to medical malpractice, on how to act when they do occur and how to defend oneself through the courts].

    Science.gov (United States)

    Bruguera, M; Arimany, J; Bruguera, R; Barberia, E; Ferrer, F; Sala, J; Pujol Robinat, A; Medallo Muñiz, J

    2012-04-01

    Claims due to presumed medical malpractice are increasing in all developed countries and many of them have no basis. To prevent legal complaints, the physicians should know the reasons why complaints are made by their patients and adopt the adequate preventive measures. In the case of a complaint, it is essential to follow the guidelines that allow for adequate legal defense and the action of the physician before the judge that inspires confidence and credibility. The risk of the claims can be reduced with adequate information to the patient, the following of the clinical guidelines, control of the risk factors and adoption of verification lists in each invasive procedure. In case of complication or serious adverse effect, explanations should be given to the patient and family and it should be reported to the facility where one works and to the insurance company. If the physician received a claim, he/she should report it to the insurance compare so that it can name a lawyer responsible for the legal defense who will advise the physician regarding the appearance in court before the judge. Copyright © 2011 Elsevier España, S.L. All rights reserved.

  11. Reviewing the Suitability of Affirmative Action and the Inherent Requirements of the Job as Grounds of Justification to Equal Pay Claims in Terms Of the Employment Equity Act 55 of 1998

    OpenAIRE

    Shamier

    2018-01-01

    The Employment Equity Act 55 of 1998 ("EEA") has been amended to include a specific provision dealing with equal pay claims in the form of section 6(4). Section 6(4) of the EEA prohibits unfair discrimination in terms and conditions of employment between employees performing the same or substantially the same work or work of equal value. The Minister of Labour has issued Regulations and a Code to assist with the implementation of the principle of equal pay. Both the Regulations and the Code s...

  12. Time-dependent anisotropic external sources in transient 3-D transport code TORT-TD

    International Nuclear Information System (INIS)

    Seubert, A.; Pautz, A.; Becker, M.; Dagan, R.

    2009-01-01

    This paper describes the implementation of a time-dependent distributed external source in TORT-TD by explicitly considering the external source in the ''fixed-source'' term of the implicitly time-discretised 3-D discrete ordinates transport equation. Anisotropy of the external source is represented by a spherical harmonics series expansion similar to the angular fluxes. The YALINA-Thermal subcritical assembly serves as a test case. The configuration with 280 fuel rods has been analysed with TORT-TD using cross sections in 18 energy groups and P1 scattering order generated by the KAPROS code system. Good agreement is achieved concerning the multiplication factor. The response of the system to an artificial time-dependent source consisting of two square-wave pulses demonstrates the time-dependent external source capability of TORT-TD. The result is physically plausible as judged from validation calculations. (orig.)

  13. DORT and TORT workshop -- Outline for presentation for splicing with TORSED and TORSET

    International Nuclear Information System (INIS)

    Barnett, A.

    1998-04-01

    This paper addresses the problem of solving a problem which is larger than can be accommodated by the computer system at your disposal. This can result from two constrains: (1) The available memory of the machine is too small to contain the problem. (2) Individual files may be too large to store on-line. It also addresses the problem of what to do when you want to alter only a subset of a solution space of a larger problem and don't want to rerun the entire problem. These problems can be solved by splicing with TORSED AND TORSET. If the basic shape of your problem is cylindrical and azimuthally uniform, with only a small region of three-dimensionality, then the best splicing method is the TORSED -- DORT to TORT splice. However, if there is no part of the problem which is azimuthally constant, then one might want to consider a TORT to TORT splice. Both methods are discussed here

  14. ClaimAssociationService

    Data.gov (United States)

    Department of Veterans Affairs — Retrieves and updates a veteranÆs claim status and claim-rating association (claim association for current rating) from the Corporate database for a claim selected...

  15. Claiming Community

    DEFF Research Database (Denmark)

    Jensen, Steffen Bo

    As its point of departure this working paper takes the multitude of different uses and meanings of the concept of community in local politics in Cape Town. Instead of attempting to define it in substantive terms, the paper takes a social constructivist approach to the study of community...... is termed community work. First, the paper explores how community has become a governmental strategy, employed by the apartheid regime as well, although in different ways, as post-apartheid local government. Secondly, the paper explores the ways in which community becomes the means in which local residents...... lay claim on the state, as well as how it enters into local power struggles between different political groups within the township. In the third part, the paper explores how the meanings of community and the struggles to realise it have changed as South Africa, nationally and locally, has become...

  16. Parallel performance of TORT on the CRAY J90: Model and measurement

    International Nuclear Information System (INIS)

    Barnett, A.; Azmy, Y.Y.

    1997-10-01

    A limitation on the parallel performance of TORT on the CRAY J90 is the amount of extra work introduced by the multitasking algorithm itself. The extra work beyond that of the serial version of the code, called overhead, arises from the synchronization of the parallel tasks and the accumulation of results by the master task. The goal of recent updates to TORT was to reduce the time consumed by these activities. To help understand which components of the multitasking algorithm contribute significantly to the overhead, a parallel performance model was constructed and compared to measurements of actual timings of the code

  17. 5 CFR 177.106 - Authority to adjust, determine, compromise, and settle.

    Science.gov (United States)

    2010-01-01

    ... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.106 Authority to adjust... alleged negligence or wrongful act or omission of an OPM employee, with the exception of claims involving...

  18. 20 CFR 410.232 - Withdrawal of a claim.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Withdrawal of a claim. 410.232 Section 410.232 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969... Claims and Evidence § 410.232 Withdrawal of a claim. (a) Before adjudication of claim. A claimant (or an...

  19. 32 CFR 537.16 - Scope for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Scope for maritime claims. 537.16 Section 537.16... BEHALF OF THE UNITED STATES § 537.16 Scope for maritime claims. The Army Maritime Claims Settlement Act... claims for damage to: (1) DA-accountable properties of a kind that are within the federal maritime...

  20. TORT/MCNP coupling method for the calculation of neutron flux around a core of BWR

    International Nuclear Information System (INIS)

    Kurosawa, M.

    2005-01-01

    For the analysis of BWR neutronics performance, accurate data are required for neutron flux distribution over the In-Reactor Pressure Vessel equipments taking into account the detailed geometrical arrangement. The TORT code can calculate neutron flux around a core of BWR in a three-dimensional geometry model, but has difficulties in fine geometrical modelling and lacks huge computer resource. On the other hand, the MCNP code enables the calculation of the neutron flux with a detailed geometry model, but requires very long sampling time to give enough number of particles. Therefore, a TORT/MCNP coupling method has been developed to eliminate the two problems mentioned above in each code. In this method, the TORT code calculates angular flux distribution on the core surface and the MCNP code calculates neutron spectrum at the points of interest using the flux distribution. The coupling method will be used as the DOT-DOMINO-MORSE code system. This TORT/MCNP coupling method was applied to calculate the neutron flux at points where induced radioactivity data were measured for 54 Mn and 60 Co and the radioactivity calculations based on the neutron flux obtained from the above method were compared with the measured data. (authors)

  1. Sports Law: Tort Liability of the College and University Athletic Department Administrator.

    Science.gov (United States)

    Nolte, M. Chester

    A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

  2. Victim Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases

    NARCIS (Netherlands)

    van Dijck, Gijs

    2018-01-01

    Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary

  3. Accuracy, gender and race in tort trials : a (behavioral) law and economics perspective

    NARCIS (Netherlands)

    G. Dominioni (Goran)

    2018-01-01

    textabstractThis thesis contributes to various streams of literature in the behavioral law and economics of tort law and judicial decisionmaking. Each chapter addresses a selected topic in this area from either a theoretical or an empirical perspective. The overarching theme of the thesis is the

  4. Georgi söögituba Väike-Maarjas / Kai Tort, Ilmar Aasumets

    Index Scriptorium Estoniae

    Tort, Kai

    2006-01-01

    7 ill.; Georg Lurichi järgi nime saanud söögituba asub arhitekt Alar Kotli vanaisale kuulunud hoones; söögitoa kujunduse tegi Kai Tort, mööbli valmistasid kohalikud puusepad, plekist lambid - Ilmar Aasumets, omanik Avo Part

  5. A Summary of Three Areas of School Law: Students' Rights, Torts, and Teachers' Rights.

    Science.gov (United States)

    Curry, Michael J.

    1981-01-01

    The intent of this article is to provide working administrators with a synopsis of court cases and legal principles relating to student rights (search and seizure, due process in discipline cases, freedom of expression, exclusion from school); torts (assault, negligence); and teachers' rights (academic freedom, freedom of speech, employee rights).…

  6. Civil Liability of Teachers for Injuries to Students, and Other Torts.

    Science.gov (United States)

    Brown, R. A.

    1986-01-01

    Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

  7. TORT/MCNP coupling method for the calculation of neutron flux around a core of BWR.

    Science.gov (United States)

    Kurosawa, Masahiko

    2005-01-01

    For the analysis of BWR neutronics performance, accurate data are required for neutron flux distribution over the In-Reactor Pressure Vessel equipments taking into account the detailed geometrical arrangement. The TORT code can calculate neutron flux around a core of BWR in a three-dimensional geometry model, but has difficulties in fine geometrical modelling and lacks huge computer resource. On the other hand, the MCNP code enables the calculation of the neutron flux with a detailed geometry model, but requires very long sampling time to give enough number of particles. Therefore, a TORT/MCNP coupling method has been developed to eliminate the two problems mentioned above in each code. In this method, the TORT code calculates angular flux distribution on the core surface and the MCNP code calculates neutron spectrum at the points of interest using the flux distribution. The coupling method will be used as the DOT-DOMINO-MORSE code system. This TORT/MCNP coupling method was applied to calculate the neutron flux at points where induced radioactivity data were measured for 54Mn and 60Co and the radioactivity calculations based on the neutron flux obtained from the above method were compared with the measured data.

  8. Phillips v Eyre and its application to multi-state torts in Nigeria: A ...

    African Journals Online (AJOL)

    What determines the jurisdiction of a court is different from what informs which law is applicable to a matter. In multi-state tort actions, it is a general principle of traditional English common law that a forum court applies the forum law to such actions provided 'double liability' of the defendant is proved. This is what is known as ...

  9. Tort recovery of acid rain damages in the United States--observations on plaintiff's prima facie case

    Energy Technology Data Exchange (ETDEWEB)

    Honabach, D.R.

    1982-01-01

    Common law tort doctrine has long supplied a judicially administered vehicle for dealing with harms suffered by one party as a result of the activities of another. As such, it might be used to address the problem of acid rain. Before tort law may be used, however, a would-be plaintiff must make out a prima facie case. While traditional applications of tort doctrine might effectively prevent plaintiff from doing so, recent court decisions suggest that plaintiff might nevertheless be successful in obtaining at least partial recovery.

  10. 40 CFR 1620.6 - Authority to adjust, determine, compromise, and settle.

    Science.gov (United States)

    2010-07-01

    ... INVESTIGATION BOARD ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.6 Authority to adjust... negligence or wrongful act or omission of a CSB employee acting in the scope of his or her employment...

  11. 32 CFR 750.10 - Claims: Settlement and release.

    Science.gov (United States)

    2010-07-01

    ... amount in full settlement and final satisfaction of the claim. In the latter instance, no payment will be... employee of the Government whose act or omission gave rise to the claim. [57 FR 4722, Feb. 7, 1992, as...

  12. Impact of the National Practitioner Data Bank on resolution of malpractice claims.

    Science.gov (United States)

    Waters, Teresa M; Studdert, David M; Brennan, Troyen A; Thomas, Eric J; Almagor, Orit; Mancewicz, Martha; Budetti, Peter P

    2003-01-01

    Policymakers and commentators are concerned that the National Practitioner Data Bank (NPDB) has influenced malpractice litigation dynamics. This study examines whether the introduction of the NPDB changed the outcomes, process, and equity of malpractice litigation. Using pre- and post-NPDB analyses, we examine rates of unpaid claims, trials, resolution time, physician defense costs, and payments on claims with a low/high probability of negligence. We find that physicians and their insurers have been less likely to settle claims since introduction of the NPDB, especially for payments less than dollars 50,000. Because this disruption appears to have decreased the proportion of questionable claims receiving compensation, the NPDB actually may have increased overall tort system specificity.

  13. 20 CFR 410.705 - Duplicate claims.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Duplicate claims. 410.705 Section 410.705 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Rules for the Review of Denied and Pending Claims Under the Black Lung...

  14. 44 CFR 11.15 - Authority to adjust, determine, compromise and settle.

    Science.gov (United States)

    2010-10-01

    ... MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort... this part, any claim for $200 or less which is based on alleged negligence or wrongful act or omission...

  15. Pin cell discontinuity factors in the transient 3-D discrete ordinates code TORT-TD - 237

    International Nuclear Information System (INIS)

    Seubert, A.

    2010-01-01

    This paper describes the application of generalized equivalence theory to the time-dependent 3-D discrete ordinates neutron transport code TORT-TD. The introduction of pin cell discontinuity factors into the discrete ordinates transport equation is described by assuming a linear dependence of the homogenized neutron angular flux within a pin cell which may be discontinuous at the interfaces to adjacent cells. The homogenized flux discontinuity at cell interfaces is expressed by pin cell discontinuity factors which in turn are determined from fuel assembly lattice calculations using HELIOS. Application of TORT-TD to the all rods in state of the PWR MOX/UO 2 Core Transient Benchmark with pin cell homogenized nuclear cross sections demonstrate the potential of pin cell discontinuity factors to reduce pin cell homogenization errors. (authors)

  16. COGEDIF - automatic TORT and DORT input generation from MORSE combinatorial geometry models

    International Nuclear Information System (INIS)

    Castelli, R.A.; Barnett, D.A.

    1992-01-01

    COGEDIF is an interactive utility which was developed to automate the preparation of two and three dimensional geometrical inputs for the ORNL-TORT and DORT discrete ordinates programs from complex three dimensional models described using the MORSE combinatorial geometry input description. The program creates either continuous or disjoint mesh input based upon the intersections of user defined meshing planes and the MORSE body definitions. The composition overlay of the combinatorial geometry is used to create the composition mapping of the discretized geometry based upon the composition found at the centroid of each of the mesh cells. This program simplifies the process of using discrete orthogonal mesh cells to represent non-orthogonal geometries in large models which require mesh sizes of the order of a million cells or more. The program was specifically written to take advantage of the new TORT disjoint mesh option which was developed at ORNL

  17. 7 CFR 2.31 - General Counsel.

    Science.gov (United States)

    2010-01-01

    ... pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 2671-2680), and the regulations of the..., determine, compromise, and settle, pursuant to the Federal Tort Claims Act as amended (28 U.S.C. 2671-2680... allege the negligence or wrongful act of an employee of a USDA agency; and consider, ascertain, adjust...

  18. “Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada

    OpenAIRE

    Hargreaves, Stuart

    2014-01-01

    While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Ana...

  19. The three-dimensional, discrete ordinates neutral particle transport code TORT: An overview

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    The centerpiece of the Discrete Ordinates Oak Ridge System (DOORS), the three-dimensional neutral particle transport code TORT is reviewed. Its most prominent features pertaining to large applications, such as adjustable problem parameters, memory management, and coarse mesh methods, are described. Advanced, state-of-the-art capabilities including acceleration and multiprocessing are summarized here. Future enhancement of existing graphics and visualization tools is briefly presented

  20. 77 FR 39567 - Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas...

    Science.gov (United States)

    2012-07-03

    ... using the cylinder in a transportation mode; he was simply using the cylinder as an end-user on the job... products being used on the job be safe for their intended use does not interfere with the DOT regulation... implicitly that the HMR applied to Mr. Elder's transportation of the cylinder from his shop to his customer's...

  1. The need for tort reform as part of health care reform.

    Science.gov (United States)

    Thornton, Tiffany; Saha, Subrata

    2008-01-01

    There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

  2. Visualization and verification of the input data in transport calculations with TORT

    International Nuclear Information System (INIS)

    Portulyan, A.; Belousov, S.

    2011-01-01

    A software package, called VTSTO and applied for visualization of three-dimensional objects, is developed. The purpose of the package is to verify the input data describing the model of an object in TORT code calculation. TORT calculates the neutron and gamma flux in three-dimensional system through the method of discrete ordinates and is used as an essential tool when calculating the radiation load of the reactor construction. The software requires data of the reactor component,, which is then processed and used for the generation of the graphic image. The object is presented in two planes. The user has the opportunity to choose and change the pair sections determined by those planes, which is crucial when obtaining the view of the composition and structure of the reactor elements. Consequently the generated visualization allows the preparation of an evaluation of the model and if necessary the input data for TORT can be corrected. In this way tie software reduces significantly the possibility of committing an error while modeling complex objects of the reactor system In addition the process of modeling becomes easier and faster. (full text)

  3. 13 CFR 114.101 - What do these regulations cover?

    Science.gov (United States)

    2010-01-01

    ... CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES... property, personal injury, or death arising from the negligent or wrongful act or omission of any SBA...

  4. 13 CFR 142.3 - What is a claim?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What is a claim? 142.3 Section 142.3 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Overview and Definitions § 142.3 What is a claim? (a) Claim means any request, demand, or...

  5. 32 CFR 536.120 - Claims payable as maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Claims payable as maritime claims. 536.120... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.120 Claims payable as maritime claims. A claim is cognizable under this subpart if it arises in or on a maritime location, involves some...

  6. SyncClaimService

    Data.gov (United States)

    Department of Veterans Affairs — Provides various methods to sync Claim related data for NWQ processing. It includes web operations to get Claims, get Unique Contention Classifications, get Unique...

  7. IBO Claim Taking Project

    Data.gov (United States)

    Social Security Administration — IBO manually tracks all Canadian Claims and DSU claims via this report. It also provides a summary for each region and office of origin that the DSU works with. This...

  8. Workers Compensation Claim Data -

    Data.gov (United States)

    Department of Transportation — This data set contains DOT employee workers compensation claim data for current and past DOT employees. Types of data include claim data consisting of PII data (SSN,...

  9. Medicaid Drug Claims Statistics

    Data.gov (United States)

    U.S. Department of Health & Human Services — The Medicaid Drug Claims Statistics CD is a useful tool that conveniently breaks up Medicaid claim counts and separates them by quarter and includes an annual count.

  10. The coupled code system TORT-TD/ATTICA3D for 3-D transient analysis of pebble-bed HTGR

    International Nuclear Information System (INIS)

    Seubert, A.; Sureda, A.; Lapins, J.; Buck, M.; Laurien, E.; Bader, J.; EnBW Kernkraft GmbH, Philippsburg

    2012-01-01

    This paper describes the time-dependent 3-D discrete-ordinates based coupled code system TORT-TD/ATTICA3D and its application to HTGR of pebble bed type. TORT-TD/ATTICA3D is represented by a single executable and adapts the so-called internal coupling approach. Three-dimensional distributions of temperatures from ATTICA3D and power density from TORT-TD are efficiently exchanged by direct memory access of array elements via interface routines. Applications of TORT-TD/ATTICA3D to three transients based on the PBMR-400 benchmark (total and partial control rod withdrawal and cold helium ingress) and the full power steady state of the HTR-10 are presented. For the partial control rod withdrawal, 3-D effects of local neutron flux redistributions are clearly identified. The results are very promising and demonstrate that the coupled code system TORT-TD/ATTICA3D may represent a key component in a future comprehensive 3-D code system for HTGR of pebble bed type. (orig.)

  11. The time-dependent 3D discrete ordinates code TORT-TD with thermal-hydraulic feedback by ATHLET models

    International Nuclear Information System (INIS)

    Seubert, A.; Velkov, K.; Langenbuch, S.

    2008-01-01

    This paper describes the time-dependent 3D discrete ordinates transport code TORT-TD. Thermal-hydraulic feedback is considered by coupling TORT-TD with the thermal-hydraulics system code ATHLET. The coupled code TORT-TD/ATHLET allows 3D pin-by-pin analyses of transients in few energy groups and anisotropic scattering by solving the time-dependent transport equation using the unconditionally stable implicit method. The nuclear cross sections are interpolated between pre-calculated table values of fuel temperature, moderator density and boron concentration. For verification of the implementation, selected test cases have been calculated by TORT-TD/ATHLET. They include a control rod ejection transient in a small PWR fuel assembly arrangement and a local boron concentration change in a single PWR fuel assembly. In the latter, special attention has been paid to study the influence of the thermal-hydraulic feedback modelling in ATHLET. The results obtained for a control rod ejection accident in a PWR quarter core demonstrate the applicability of TORT-TD/ATHLET. (authors)

  12. 29 CFR 15.26 - Claims procedures.

    Science.gov (United States)

    2010-07-01

    ... forth in § 15.21(d) will be accepted and considered a claim under the Act if it constitutes a demand for compensation from the Department. A demand is not required to be for a specific sum of money. (c) Notification... 29 Labor 1 2010-07-01 2010-07-01 true Claims procedures. 15.26 Section 15.26 Labor Office of the...

  13. 46 CFR 327.4 - Claim requirements.

    Science.gov (United States)

    2010-10-01

    ... statements made in the claim are subject to the provision of 18 U.S.C. 287 and 1001 and all other penalty... Admiralty Act, as amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 app. U.S.C. 745), shall not be... physicians and hospitals related to a seaman's claim for injury, illness, or death shall be attached. If the...

  14. Laparoscopic management of a large torted ovarian cyst in an adolescent virgin: a case report

    OpenAIRE

    Sabry, Mohamed; Mahmoud,Eman; Al-Hendy,Ayman

    2012-01-01

    Mohamed Sabry,1,2 Abdou S Ait Allah,1 Eman Roshdy,2,3 Ayman Al-Hendy21Department of Obstetrics and Gynecology, Sohag Faculty of Medicine, Sohag University, Sohag, Egypt; 2Department of Obstetrics and Gynecology, Center for Women’s Health Research, Meharry Medical College, Nashville, TN, USA; 3Department of Public Health and Community Medicine, Sohag Faculty of Medicine, Sohag University, Sohag, EgyptAbstract: We report a case of a torted mature cystic teratoma in a 23-year-old, sexu...

  15. GRAVE: An Interactive Geometry Construction and Visualization Software System for the TORT Nuclear Radiation Transport Code

    International Nuclear Information System (INIS)

    Blakeman, E.D.

    2000-01-01

    A software system, GRAVE (Geometry Rendering and Visual Editor), has been developed at the Oak Ridge National Laboratory (ORNL) to perform interactive visualization and development of models used as input to the TORT three-dimensional discrete ordinates radiation transport code. Three-dimensional and two-dimensional visualization displays are included. Display capabilities include image rotation, zoom, translation, wire-frame and translucent display, geometry cuts and slices, and display of individual component bodies and material zones. The geometry can be interactively edited and saved in TORT input file format. This system is an advancement over the current, non-interactive, two-dimensional display software. GRAVE is programmed in the Java programming language and can be implemented on a variety of computer platforms. Three- dimensional visualization is enabled through the Visualization Toolkit (VTK), a free-ware C++ software library developed for geometric and data visual display. Future plans include an extension of the system to read inputs using binary zone maps and combinatorial geometry models containing curved surfaces, such as those used for Monte Carlo code inputs. Also GRAVE will be extended to geometry visualization/editing for the DORT two-dimensional transport code and will be integrated into a single GUI-based system for all of the ORNL discrete ordinates transport codes

  16. The impact of tort reform on intensity of treatment: evidence from heart patients.

    Science.gov (United States)

    Avraham, Ronen; Schanzenbach, Max

    2015-01-01

    This paper analyzes the effect of non-economic damage caps on the treatment intensity of heart attack victims. We focus on whether a patient receives a major intervention in the form of either a coronary artery by-pass or angioplasty. We find strong evidence that treatment intensity declines after a cap on non-economic damages. The probability of receiving a major intervention in the form of either an angioplasty or bypass declines by 1.25-2 percentage points after non-economic damage caps are enacted, and this effect is larger a year or two after reform. However, we also find clear evidence of substitution between major interventions. When doctors have discretion to perform a by-pass and patients have insurance coverage, caps on non-economic damages increase the probability that a by-pass is performed. The effect of non-economic damage caps on costs is not always statistically significant, but in models with state-specific trends, total costs decline by as much as four percent. We conclude that tort reform reduces treatment intensity overall, even though it changes the mix of treatments. Using the Center for Disease Control's Vital Statistics data, we find that tort reform is not associated with an increase in mortality from coronary heart disease; if anything, mortality declines. Copyright © 2014 Elsevier B.V. All rights reserved.

  17. 36 CFR 223.9 - Free use to owners of certain mining claims.

    Science.gov (United States)

    2010-07-01

    ... mining claims. 223.9 Section 223.9 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF... of certain mining claims. Free use will be granted to an owner of a mining claim located subsequent to July 23, 1955, or of a mining claim which is otherwise subject to Section 4 of the Act of July 23...

  18. Case-Based Instructional Practices: A Multiple-Case Study from Torts, Marketing, and Online Instructional Design Classes

    Science.gov (United States)

    Jung, Ji yoon

    2017-01-01

    The purpose of this study is to provide a comprehensive account on case-based instructional practices. Semester-long participant observation records in torts, marketing, and online instructional design classes, instructor interviews, course syllabi and teaching materials were used to describe the within-class complexity of the practices in terms…

  19. The Student-Athlete and the National Collegiate Athletic Association: The Need for a Prima Facie Tort Doctrine

    Science.gov (United States)

    Duckworth, Roy D., III

    1975-01-01

    In examining whether courts have jurisdiction to hear student-athlete grievances against the National Collegiate Athletic Association (NCAA) the author rejects the position that the NCAA's activities are under cover of state law, and instead proposes that the student-athlete's remedy lies in an action against the NCAA for a prima facie tort. (JT)

  20. 32 CFR 516.23 - Litigation reports.

    Science.gov (United States)

    2010-07-01

    ... results of an administrative claim. If the action is predicated on the Federal Tort Claims Act, include a... relevant issues such as measure of damages, scope of employment, effect of contributory negligence, or...

  1. 32 CFR 842.92 - Scope of this subpart.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842... damage to or loss or destruction of government property through negligence or wrongful act. It does not...

  2. Formalizing Probabilistic Safety Claims

    Science.gov (United States)

    Herencia-Zapana, Heber; Hagen, George E.; Narkawicz, Anthony J.

    2011-01-01

    A safety claim for a system is a statement that the system, which is subject to hazardous conditions, satisfies a given set of properties. Following work by John Rushby and Bev Littlewood, this paper presents a mathematical framework that can be used to state and formally prove probabilistic safety claims. It also enables hazardous conditions, their uncertainties, and their interactions to be integrated into the safety claim. This framework provides a formal description of the probabilistic composition of an arbitrary number of hazardous conditions and their effects on system behavior. An example is given of a probabilistic safety claim for a conflict detection algorithm for aircraft in a 2D airspace. The motivation for developing this mathematical framework is that it can be used in an automated theorem prover to formally verify safety claims.

  3. Multitasking the three-dimensional transport code TORT on CRAY platforms

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    The multitasking options in the three-dimensional neutral particle transport code TORT originally implemented for Cray's CTSS operating system are revived and extended to run on Cray Y/MP and C90 computers using the UNICOS operating system. These include two coarse-grained domain decompositions; across octants, and across directions within an octant, termed Octant Parallel (OP), and Direction Parallel (DP), respectively. Parallel performance of the DP is significantly enhanced by increasing the task grain size and reducing load imbalance via dynamic scheduling of the discrete angles among the participating tasks. Substantial Wall Clock speedup factors, approaching 4.5 using 8 tasks, have been measured in a time-sharing environment, and generally depend on the test problem specifications, number of tasks, and machine loading during execution

  4. Recent improvements in the performance of the muiltitasked TORT on time-shared Cray computers

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    Coarse-grained angular domain decomposition of the mesh sweep algorithm has been implemented in ORNL's three dimensional transport code TORT for Cray's macrotasking environment on platforms running the UNICOS operating system. A performance model constructed earlier is reviewed and its main result, namely the identification of the sources of parallelization overhead, is used to motivate the present work. The sources of overhead treated here are: redundant operations in the angular loop across participating tasks; repetitive task creation; lock utilization to prevent overwriting the flux moment arrays accumulated by the participating tasks. Substantial reduction in the parallelization overhead is demonstrated via sample runs with fixed tunning, i.e. zero CPU hold time. Up to 50% improvement in the wall clock speedup over the previous implementation with autotunning is observed in some test problems

  5. Establishing breach of the duty of care in the tort of negligence.

    Science.gov (United States)

    Tingle, John

    This article, the third in a series on clinical negligence, looks at the law surrounding breach of the duty of care in negligence. It shows some of the principles that judges and lawyers use in order to decide whether a person has broken his/her duty of care in the tort of negligence. It will be seen that the principles are contained in decided court cases, some of which are quite old but are still relevant today. The focus of this article is on the rule that courts, in deciding the issue of a breach of duty of care, would judge the defendant's conduct by the standard of what the hypothetical, 'reasonable person' would have done in the circumstances of the case.

  6. SSA Disability Claim Data

    Data.gov (United States)

    Social Security Administration — The dataset includes fiscal year data for initial claims for SSA disability benefits that were referred to a state agency for a disability determination. Specific...

  7. Closed medical negligence claims can drive patient safety and reduce litigation.

    Science.gov (United States)

    Pegalis, Steven E; Bal, B Sonny

    2012-05-01

    Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

  8. Women workers and the politics of claims-making in a globalizing economy

    OpenAIRE

    Kabeer, Naila

    2015-01-01

    The paper analyses the evolving politics of claims-making by women workers in the Global South in the context of a globalized economy. It addresses the following questions. What kinds of claims are prioritized in relation to women workers? Who is making these claims? To whom are they addressed? What strategies are pursued to advance these claims? Which claims are heard and acted on - and which go unheard? The paper considers three categories of women workers: those working in global value cha...

  9. 20 CFR 325.4 - Claim for unemployment benefits.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Claim for unemployment benefits. 325.4 Section 325.4 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS § 325.4 Claim for unemployment benefits. (a...

  10. 20 CFR 702.221 - Claims for compensation; time limitations.

    Science.gov (United States)

    2010-04-01

    ... which the last compensation payment was made. (b) In the case of a hearing loss claim, the time for... report which indicates the employee has sustained a hearing loss that is related to his or her employment... LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Claims...

  11. Health Claims Data Warehouse (HCDW)

    Data.gov (United States)

    Office of Personnel Management — The Health Claims Data Warehouse (HCDW) will receive and analyze health claims data to support management and administrative purposes. The Federal Employee Health...

  12. Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

    Science.gov (United States)

    Stevenson, David G; Spittal, Matthew J; Studdert, David M

    2013-05-01

    The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

  13. Claims Procedure for Plans Providing Disability Benefits. Final rule.

    Science.gov (United States)

    2016-12-19

    This document contains a final regulation revising the claims procedure regulations under the Employee Retirement Income Security Act of 1974 (ERISA) for employee benefit plans providing disability benefits. The final rule revises and strengthens the current rules primarily by adopting certain procedural protections and safeguards for disability benefit claims that are currently applicable to claims for group health benefits pursuant to the Affordable Care Act. This rule affects plan administrators and participants and beneficiaries of plans providing disability benefits, and others who assist in the provision of these benefits, such as third-party benefits administrators and other service providers.

  14. Pin cell discontinuity factors in the transient 3-D discrete ordinates code TORT-TD

    International Nuclear Information System (INIS)

    Seubert, A.

    2010-01-01

    Even with the rapid increase of computing power, whole core transient and accident analyses based on the direct solution of the 3-D neutron transport equation with a large number of energy groups and a detailed heterogeneous description of the core still remain computationally challenging. Current industrial methods for reactor core calculations therefore involve a two step approach in which lattice (assembly) depletion transport methods are used to prepare energy collapsed and fuel assembly or pin cell homogenized cross sections for subsequent whole core transport calculations. Spatial homogenization, in principal, requires the knowledge of both the actual boundary condition (local core environment) of the fuel assembly and the exact heterogeneous flux distribution (reference solution) of the whole core problem within that fuel assembly. Since, in particular, the latter is not known a priori, an infinite medium (zero net current) condition is used in the lattice calculations. It is well known that this approximation may lead to undesirable errors in cores in which large flux gradients are present across the fuel assemblies. This is the case in cores that have high heterogeneity and/or strong local absorbers, e.g. PWRs with partial MOX loading and inserted control rod clusters. There are two major approaches to mitigate spatial homogenization errors, superhomogenization (SPH) factors, and discontinuity factors within the scope of equivalence theory (ET) and generalized equivalence theory (GET). Although discontinuity factors are usually applied at the level of fuel assembly node size (assembly discontinuity factors, ADF), the methodology can be extended to pin cell homogenized whole core calculations involving pin cell discontinuity factors (PDF). There are also further developments for both the diffusion and the simplified transport (SP3) equation. In this paper, PDFs are introduced into the time-dependent 3-D discrete ordinates code TORT-TD in order to reduce the

  15. Minimizing malpractice risks by role clarification. The confusing transition from tort to contract.

    Science.gov (United States)

    Green, J A

    1988-08-01

    The purposes and applications of informed consent are the subject of confusion and controversy according to a President's Commission report. The Commission suggests shared decision making as the new ideal for physician-patient relationships, but notes that such a changed ideal will not be initiated by court action. The four models of decision making are the traditional model, informed consent, collaboration, and patient choice. Misunderstandings about these and other terms arise when they are implied; therefore, they should be defined expressly. Mutual expectations should be ascertained and common misunderstandings that erode relationships and lead to litigation should be clarified. Without agreements, different models may be selected and expectations about responsibility may differ. Such agreements may be documented by notes in patients' charts, supported by intake procedures that teach patients about defining responsibility, and questionnaires that elicit values, needs, and preferences. The literature on the evolution of contract principles in health care is reviewed, with informed consent viewed as a judicial stepping stone from tort to contract. A framework for defining mutual expectations is presented. Physicians' patterns of allocating responsibility by express and implied agreements should be evaluated and changes made where needed.

  16. 28 CFR 79.52 - Criteria for eligibility for claims by uranium millers.

    Science.gov (United States)

    2010-07-01

    ... uranium millers. 79.52 Section 79.52 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT Eligibility Criteria for Claims by Uranium Millers § 79.52 Criteria for eligibility for claims by uranium millers. To establish eligibility for compensation under...

  17. BenefitClaimWebServiceBean/BenefitClaimWebService

    Data.gov (United States)

    Department of Veterans Affairs — A formal or informal request for a type of monetary or non-monetary benefit. This service provides benefit claims and benefit claim special issues data, allows the...

  18. TORT-TD/ATTICA3D: a coupled neutron transport and thermal hydraulics code system for 3-D transient analysis of gas cooled high temperature reactors

    International Nuclear Information System (INIS)

    Lapins, J.; Seubert, A.; Buck, M.; Bader, J.; Laurien, E.

    2011-01-01

    Comprehensive safety studies of high temperature gas cooled reactors (HTR) require full three dimensional coupled treatments of both neutron kinetics and thermal-hydraulics. In a common effort, GRS and IKE developed the coupled code system TORT-TD/ATTICA3D for pebble bed type HTR that connects the 3-D transient discrete-ordinates transport code TORT-TD with the 3-D porous medium thermal-hydraulics code ATTICA3D. In this paper, the physical models and calculation capabilities of TORT-TD and ATTICA3D are presented, focusing on model improvements in ATTICA3D and extensions made in TORT-TD related to HTR application. For first applications, the OECD/NEA/NSC PBMR-400 benchmark has been chosen. Results obtained with TORT-TD/ATTICA3D will be shown for transient exercises, e.g. control rod withdrawal and a control rod ejection. Results are compared to other benchmark participants' solutions with special focus on fuel temperature modelling features of ATTICA3D. The provided “grey-curtain” nuclear cross section libraries have been used. First results on 3-D effects during a control rod withdrawal transient will be presented. (author)

  19. Legal Services: Claims

    Science.gov (United States)

    1997-12-31

    waive such exemp- tions or privileges and direct release of the protected documents, upon balancing all pertinent factors, including finding that...injury causing death until expiration of decedent’s worklife ex- pectancy. When requested, the previous five years Federal income tax forms must be...knowing at all times how much of the CEA has been obligated, its remaining balance , and assessing each month whether the balance will cover claims

  20. 20 CFR 725.496 - Special claims transferred to the fund.

    Science.gov (United States)

    2010-04-01

    ... will be approved in accordance with section 435 of the Act. (b) Section 402(i) of the Act defines three... Social Security Administration before March 1, 1978; (2) Claims filed with the Department of Labor in...) Where more than one claim was filed with the Social Security Administration and/or the Department of...

  1. 49 CFR 219.207 - Fatality.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION CONTROL OF ALCOHOL AND DRUG USE Post-Accident Toxicological Testing § 219.207 Fatality. (a) In the..., United States Code (but not the agent of the Secretary for purposes of the Federal Tort Claims Act...

  2. Contested Property Claims

    DEFF Research Database (Denmark)

    Property relations are such a common feature of social life that we can sometimes forget the immense complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly. But we are quickly reminded of this complexity when social conflict over property erupts. When...... social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. These confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies...... from across the globe, this multidisciplinary anthology exploring contested property claims brings together works from anthropologists, legal scholars, and geographers, who show how disagreements give us a privileged window onto how property regimes function and illustrates the many ways...

  3. Contested Property Claims

    DEFF Research Database (Denmark)

    Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors...... confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series...... of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways...

  4. Claiming health in food products

    DEFF Research Database (Denmark)

    Lähteenmäki, Liisa

    2013-01-01

    Health-related information is increasingly used on food products to convey their benefits. Health claims as a subcategory of these messages link the beneficial component, functions or health outcomes with specific products. For consumers, health claims seem to carry the message of increased...... healthiness, but not necessarily making the product more appealing. The wording of the claim seems to have little impact on claim perception, yet the health image of carrier products is important. From consumer-related factors the relevance and attitudes towards functional foods play a role, whereas socio......-demographic factors have only minor impact and the impact seems to be case-dependent. Familiarity with claims and functional foods increase perceived healthiness and acceptance of these products. Apparently consumers make rather rational interpretations of claims and their benefits when forced to assess...

  5. Claims in civil engineering contracts

    CERN Document Server

    Speirs, N A

    1999-01-01

    This paper considers claims arising during civil engineering construction contracts. The meaning of the word 'claim' is considered and its possible implications for additional cost and time to completion. The conditions of the construction contract selected will influence the risk apportionment between contractor and client and the price offered by the contractor for the work. Competitive bidding constraints and profit margins in the construction industry, however, may also influence the price offered. This in turn can influence the likelihood of claims arising. The client from his point of view is concerned to complete the work within an agreed time and budget. The circumstances under which claims may arise are reviewed in relation to typical conditions of contract. These circumstances are then related to the CERN LHC civil works. Ways of avoiding claims, where this is possible, are considered. Finally, the means of evaluation of claims and their settlement are considered.

  6. Claim prevention at reactor facilities

    International Nuclear Information System (INIS)

    Colby, B.P.

    1987-01-01

    Why does a radiation worker bring a claim alleging bodily injury from radiation exposure? Natural cancer, fear of radiation induced cancer, financial gain, emotional distress and mental anguish are some reasons for workers' claims. In this paper the author describes what power reactor health physicists are doing to reduce the likelihood of claims by establishing programs which provide sound protection of workers, prevent radiological events, improve workers' knowledge of radiological conditions and provide guidance for radiological incident response

  7. Introduction to the Tort of Negligence as It Pertains to the Medical Office. Medical Law and Economics, Lesson Plan No. 3.

    Science.gov (United States)

    Young, Joan

    Designed as part of a 40-hour course in medical law and economics, this lesson plan was developed to enable students to: (1) define and give examples of the tort of negligence in the medical profession; (2) distinguish between and give examples of personal and professional negligence; (3) be able to identify, for a given situation, the three major…

  8. The art of directing a workers' compensation claim: personal observations on the role of the workers' compensation claim adjuster.

    Science.gov (United States)

    Wendt, Chris; Emmett, Ted

    2004-05-01

    Workers' compensation claims are becoming more complex and expensive every day. One of the contributing factors for the increase is the aging workforce as well as federal legislation such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The workforce is aging, mobile, and educated about their rights. The key to avoiding spiraling costs is a strong safety and claims program that is sponsored by senior management,valued by the employees, and implemented by the entire company.

  9. Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

    Science.gov (United States)

    Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

    2016-01-01

    Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

  10. 17 CFR 229.801 - Securities Act industry guides.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Securities Act industry guides... AND CONSERVATION ACT OF 1975-REGULATION S-K List of Industry Guides § 229.801 Securities Act industry... claims and claim adjustment expenses of property-casualty insurance underwriters. (g) Guide 7...

  11. 22 CFR 231.12 - Prosecution of claims.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Prosecution of claims. 231.12 Section 231.12 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND...

  12. 32 CFR 564.55 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    .... (a) Contributory negligence. Negligence or wrongful act of the claimant or of his agent or employee... or incident occurred will be followed in determining whether contributory negligence is present but the doctrine of comparative negligence will not be applied. (b) Personal injury. Claims for personal...

  13. 48 CFR 6101.52 - Small claims procedure [Rule 52].

    Science.gov (United States)

    2010-10-01

    ... APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.52 Small claims procedure [Rule 52..., unless the presiding judge enlarges the time for good cause shown. The appellant may elect this procedure... business concern (as that term is defined in the Small Business Act and regulations promulgated under that...

  14. 20 CFR 211.15 - Verification of compensation claimed.

    Science.gov (United States)

    2010-04-01

    ... employee, which is not credited in the records of the Board, must be verified to the satisfaction of the... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Verification of compensation claimed. 211.15 Section 211.15 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD RETIREMENT ACT...

  15. The Energy Act 1983

    International Nuclear Information System (INIS)

    1983-01-01

    Part II of This Act came into force on 1 September 1983 and is concerned with nuclear installations. Its main purpose is to amend the Nuclear Installations Act 1965 to give effect to the provisions of two Protocols amending the Paris Convention on nuclear third party liability and the Brussels Convention Supplementary to the Paris Convention respectively. The principal effect of these modifications is to increase the sums available to meet claims for nuclear damage. The United Kingdom is a Party to both Conventions and the provisions of the 1983 Act will enable it to ratify the Protocols. (NEA) [fr

  16. BLM Colorado Mining Claims Closed

    Data.gov (United States)

    Department of the Interior — Shapefile Format –This data set consists of closed mining claim records extracted from BLM’s LR2000 database. These records contain case attributes as well as legal...

  17. BLM Colorado Mining Claims Active

    Data.gov (United States)

    Department of the Interior — Shapefile Format –This data set consists of active mining claim records extracted from BLM’s LR2000 database. These records contain case attributes as well as legal...

  18. Medicare Part D Claims Data

    Data.gov (United States)

    U.S. Department of Health & Human Services — This page contains information on Part D claims data for the purposes of research, analysis, reporting, and public health functions. These data will also be used to...

  19. Neonatal hypoglycaemia: learning from claims

    OpenAIRE

    Hawdon, Jane M; Beer, Jeanette; Sharp, Deborah; Upton, Michele

    2016-01-01

    Objectives Neonatal hypoglycaemia is a potential cause of neonatal morbidity, and on rare but tragic occasions causes long-term neurodevelopmental harm with consequent emotional and practical costs for the family. The organisational cost to the NHS includes the cost of successful litigation claims. The purpose of the review was to identify themes that could alert clinicians to common pitfalls and thus improve patient safety. Design The NHS Litigation Authority (NHS LA) Claims Management Syste...

  20. 29 CFR 1620.20 - Pay differentials claimed to be based on extra duties.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Pay differentials claimed to be based on extra duties. 1620.20 Section 1620.20 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EQUAL PAY ACT § 1620.20 Pay differentials claimed to be based on extra duties. Additional...

  1. 17 CFR 300.400 - Satisfaction of customer claims for standardized options.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 3 2010-04-01 2010-04-01 false Satisfaction of customer... CORPORATION Closeout Or Completion of Open Contractual Commitments § 300.400 Satisfaction of customer claims... behalf of customers in satisfaction of claims pursuant to section 7(b)(1) of the Act. (f) In no event...

  2. 26 CFR 302.1-7 - Claims for credit or refund.

    Science.gov (United States)

    2010-04-01

    ... AND ADMINISTRATION TAXES UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT, AS AMENDED AUGUST 9, 1955... the claim and should be filed with the district director of the district in which the tax was paid... and former owner. (c) Refund payable to Attorney General. All refund of taxes paid by the Attorney...

  3. 32 CFR 536.121 - Claims not payable as maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Claims not payable as maritime claims. 536.121... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.121 Claims not payable as maritime claims... (except at (e) and (k)), and 536.46; (b) Are not maritime in nature; (c) Are not in the best interests of...

  4. Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation.

    Science.gov (United States)

    Ferrara, Santo Davide; Baccino, Eric; Boscolo-Berto, Rafael; Comandè, Giovanni; Domenici, Ranieri; Hernandez-Cueto, Claudio; Gulmen, Mete Korkut; Mendelson, George; Montisci, Massimo; Norelli, Gian Aristide; Pinchi, Vilma; Ranavaya, Mohammed; Shokry, Dina A; Sterzik, Vera; Vermylen, Yvo; Vieira, Duarte Nuno; Viel, Guido; Zoja, Riccardo

    2016-01-01

    Compensation for personal damage, defined as any pecuniary or non-pecuniary loss causally related to a personal injury under civil-tort law, is strictly based on the local jurisdiction and therefore varies significantly across the world. This manuscript presents the first "International Guidelines on Medico-Legal Methods of Ascertainment and Criteria of Evaluation of Personal Injury and Damage under Civil-Tort Law". This consensus document, which includes a step-by-step illustrated explanation of flow charts articulated in eight sequential steps and a comprehensive description of the ascertainment methodology and the criteria of evaluation, has been developed by an International Working Group composed of juridical and medico-legal experts and adopted as Guidelines by the International Academy of Legal Medicine (IALM).

  5. Mediation as an alternative solution to medical malpractice court claims

    Directory of Open Access Journals (Sweden)

    Neels Claassen

    2016-05-01

    Full Text Available Is there a crisis in the healthcare industry? Most certainly there is. Dr Motsoaledi, Minister of Health, publicly acknowledged the existence of such a crisis at a Medico-Legal Summit held at his initiative in Pretoria on 9 and 10 March 2015 at St Georges Hotel.[1] Currently, as recently confirmed by the MEC for Health, Ms Mahlangu, there are about 2 000 pending court cases against the Gauteng Provincial Health Department, the total quantum being claimed amounting to approximately ZAR 3.5 billion. During 2013/2014 this department spent about ZAR 256 million on legal costs payable to claimants’ attorneys. No budget for these expenses exists, resulting in payment being made from funds designated for the acquisition of medical equipment and other purposes.[1] This undermines the department’s ability to renew old equipment and upgrade to more modern equipment, resulting in even further claims. More claims are therefore to be expected. The Medical Protection Society also confirmed an increase in medical malpractice claims against their members of nearly 550% compared to 10 years ago. The quantum of claims that exceeded ZAR 5 million per claim, also increased by 900%.[2,3] The ripple effect of these increases in medico-legal claims causes insurance premiums for healthcare professionals to become exorbitantly expensive, resulting in some practitioners leaving the medical profession. Practitioners also act more defensively in applying their trade, resulting in additional and sometimes unnecessary tests that increase the costs of medical care and often cause further grounds for the institution of claims.

  6. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    International Nuclear Information System (INIS)

    Harrison, R.J.

    1999-01-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for the Sellafield Plant

  7. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    Energy Technology Data Exchange (ETDEWEB)

    Harrison, R.J

    1999-07-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for

  8. Exaggerated Claims for Interactive Stories

    Science.gov (United States)

    Thue, David; Bulitko, Vadim; Spetch, Marcia; Webb, Michael

    As advertising becomes more crucial to video games' success, developers risk promoting their products beyond the features that they can actually include. For features of interactive storytelling, the effects of making such exaggerations are not well known, as reports from industry have been anecdotal at best. In this paper, we explore the effects of making exaggerated claims for interactive stories, in the context of the theory of advertising. Results from a human user study show that female players find linear and branching stories to be significantly less enjoyable when they are advertised with exaggerated claims.

  9. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

  10. 29 CFR 15.8 - Referral to Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Referral to Department of Justice. 15.8 Section 15.8 Labor Office of the Secretary of Labor ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED... Justice. An award, compromise or settlement of a claim under § 2672 title 28, United States Code, and this...

  11. 32 CFR 750.29 - Investigation and examination.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Investigation and examination. 750.29 Section 750.29 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS GENERAL CLAIMS REGULATIONS Federal Tort Claims Act § 750.29 Investigation and examination. Subpart A of this part requires an...

  12. Reserving by detailed conditioning on individual claim

    Science.gov (United States)

    Kartikasari, Mujiati Dwi; Effendie, Adhitya Ronnie; Wilandari, Yuciana

    2017-03-01

    The estimation of claim reserves is an important activity in insurance companies to fulfill their liabilities. Recently, reserving method of individual claim have attracted a lot of interest in the actuarial science, which overcome some deficiency of aggregated claim method. This paper explores the Reserving by Detailed Conditioning (RDC) method using all of claim information for reserving with individual claim of liability insurance from an Indonesian general insurance company. Furthermore, we compare it to Chain Ladder and Bornhuetter-Ferguson method.

  13. Do ‘Cheeseburger Bills’ Work? Effects of Tort Reform for Fast Food

    OpenAIRE

    Christopher S. Carpenter; D. Sebastian Tello-Trillo

    2015-01-01

    After highly publicized lawsuits against McDonald’s in 2002, 26 states adopted Commonsense Consumption Acts (CCAs) – aka ‘Cheeseburger Bills’ – that greatly limit fast food companies’ liability for weight-related harms. We provide the first evidence of the effects of CCAs using plausibly exogenous variation in the timing of CCA adoption across states. In two-way fixed effects models, we find that CCAs significantly increased stated attempts to lose weight and consumption of fruits and vegetab...

  14. Managing novel reproductive injuries in the law of tort: the curious case of destroyed sperm.

    Science.gov (United States)

    Priaulx, Nicolette

    2010-03-01

    In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.

  15. Army Blast Claims Evaluation Procedures

    Science.gov (United States)

    1994-03-01

    ATIN: AFZX-JA Building 4551 Fort Polk, LA 71459-5000 Commander U.S. Army Engineer Center and Fort Leonard Wood ATIN: AlZT-JA Building 1706 East...U.S. Armed Forces Claims Service, Korea APO AP 96205-0084 No. of Copies Organization 1 Commander U.S. Army South ATI’N: SOJA Building 154 APO

  16. Nordic scepticism towards health claims

    DEFF Research Database (Denmark)

    Pedersen, Susanne; Grunert, Klaus G.

    2008-01-01

    Imagine that you are shopping in a supermarket and find a package of pork chops labelled "omega-3 added" or that the yogurt "contains phosphatidylserine, which can improve your memory"; would you buy these pork chops or this yogurt? Most Nordic consumers would choose products without health claims....

  17. Entrepreneurial Crowdfunding without Private Claims

    DEFF Research Database (Denmark)

    Boudreau, Kevin J.; Jeppesen, Lars Bo; Reichstein, Toke

    Today's crowdfunding raises funds for tiny, private entrepreneurial ventures without granting funders private claims to a project's future value. Rather than “investments,” these are “contributions.” This paper argues that for such crowdfunding neither producer nor consumer surplus – i.e., project...

  18. BOT3P: a mesh generation software package for the transport analysis codes Dort, Tort, Twodant, Threedant and MCNP

    International Nuclear Information System (INIS)

    Orsi, R.

    2003-01-01

    Bot3p consists of a set of standard Fortran 77 language programs that gives the users of the deterministic transport codes Dort and Tort some useful diagnostic tools to prepare and check the geometry of their input data files for both Cartesian and cylindrical geometries including graphical display modules. Bot3p produces at the same time the geometrical and material distribution data for the deterministic transport codes Twodant and Threedant and, only in three-dimensional (3D) Cartesian geometry, for the Monte Carlo Transport Code MCNP. This makes it possible to compare directly for the same geometry the effects stemming from the use of different data libraries and solution approaches on transport analysis results. Through the use of Bot3p, radiation transport problems with complex 3D geometrical structures can be modelled easily, as a relatively small amount of engineer-time is required and refinement is achieved by changing few parameters. This tool is useful for solving very large challenging problems. (author)

  19. Best Practices for Optimizing DoD Contractor Safety and Occupational Health Program Performance

    Science.gov (United States)

    2012-12-01

    acts and omissions. DoD’s duty arises under OSHA’s Multi-Employer Citation Policy, and in tort and admiralty law, as discussed in Section 2.6...unnecessarily subject the government to legal liability for on-the-job injuries under the Federal Tort Claims Act (FTCA). (b) The government may...housing or any other contractual context. Furthermore, DoD can place itself in a similar position via negligence , or contractual actions as well as

  20. Achieving Medical Currency via Selected Staff Integration in Civilian and Veterans Administration Medical Facilities

    Science.gov (United States)

    2012-10-01

    Feres Doctrine, arising from the Federal Tort Claims Act (FTCA). The FTCA makes the United States liable for injuries caused by the negligent or...Veterans’ Benefits Act compensation scheme, which substitutes for tort liability, a statutory “no 17 fault” compensation scheme providing generous...pensions to injured servicemen without regard to any negligence attributable to the government.29 If a US military physician practiced on behalf of the

  1. Political liberalism and religious claims

    Science.gov (United States)

    2016-01-01

    This article gives an overview of 4 important lacunae in political liberalism and identifies, in a preliminary fashion, some trends in the literature that can come in for support in filling these blind spots, which prevent political liberalism from a correct assessment of the diverse nature of religious claims. Political liberalism operates with implicit assumptions about religious actors being either ‘liberal’ or ‘fundamentalist’ and ignores a third, in-between group, namely traditionalist religious actors and their claims. After having explained what makes traditionalist religious actors different from liberal and fundamentalist religious actors, the author develops 4 areas in which political liberalism should be pushed further theoretically in order to correctly theorize the challenge which traditional religious actors pose to liberal democracy. These 4 areas (blind spots) are: (1) the context of translation; (2) the politics of exemptions; (3) the multivocality of theology; and (4) the transnational nature of norm-contestation. PMID:28344375

  2. Second WCB claims: who is at risk?

    Science.gov (United States)

    Cherry, Nicola M; Sithole, Fortune; Beach, Jeremy R; Burstyn, Igor

    2010-01-01

    Many workers with one Workers' Compensation Board (WCB) claim make further claims. If the characteristics of the job, initial injury or worker were predictive of an early second claim, interventions at the time of return to work after the first claim might be effective in reducing the burden of work-related injury. This report explores the characteristic of those who make a second claim. Records of all Alberta WCB claims from January 1, 1995, to December 31, 2004, for individuals 18 to claim, sex and age of claimant, type of injury, type of accident, occupation, industry, an indicator of company size, and industry claim rate were extracted, as well as the date of any second claim. The likelihood of second claim and mean time to second claim were estimated. Multivariate analyses were performed using Cox regression. 1,047,828 claims were identified from 490,230 individuals. Of these, 49.2% had at least two claims. In the multivariate model a reduced time to second claim was associated with male sex, younger age and some types of injury and accident. Machining trades were at highest risk of early second claim (hazard ratio [HR] 2.54 compared with administration), and of the industry sectors manufacturing was at highest risk (HR 1.37 compared with business, personal and professional services). Some caution is needed in interpreting these data as they may be affected by under-reporting and job changes between claims. Nonetheless, they suggest that there remains room for interventions to reduce the considerable differences in risk of a second claim among workers, jobs and industries.

  3. Sovereignty Frames and Sovereignty Claims

    OpenAIRE

    Walker, Neil

    2013-01-01

    This essay argues that much of the contemporary confusion and controversy over the meaning and continuing utility of the concept of sovereignty stems from a failure to distinguish between sovereignty as a deep framing device for making sense of the modern legal and political word on the one hand, and the particular claims which are made on behalf of particular institutions, agencies, rules or other entities to possess sovereign authority on the other. The essay begins by providing a basic acc...

  4. Determinants of consumer understanding of health claims

    DEFF Research Database (Denmark)

    Grunert, Klaus G; Scholderer, Joachim; Rogeaux, Michel

    2011-01-01

    as safe, risky or other. In addition to the open questions on claim understanding, respondents rated a number of statements on claim interpretation for agreement and completed scales on interest in healthy eating, attitude to functional foods, and subjective knowledge on food and health. Results showed......The new EU regulation on nutrition and health claims states that claims can be permitted only if they can be expected to be understood by consumers. Investigating determinants of consumer understanding of health claims has therefore become an important topic. Understanding of a health claim...... on a yoghurt product was investigated with a sample of 720 category users in Germany. Health claim understanding was measured using open answers, which were subsequently content analysed and classified by comparison with the scientific dossier of the health claim. Based on this respondents were classified...

  5. 40 CFR 35.6600 - Contractor claims.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Contractor claims. 35.6600 Section 35... Actions Procurement Requirements Under A Cooperative Agreement § 35.6600 Contractor claims. (a) General... prepared by the contractor to support a claim against the recipient; and (4) The award official determines...

  6. An Individual Claims History Simulation Machine

    Directory of Open Access Journals (Sweden)

    Andrea Gabrielli

    2018-03-01

    Full Text Available The aim of this project is to develop a stochastic simulation machine that generates individual claims histories of non-life insurance claims. This simulation machine is based on neural networks to incorporate individual claims feature information. We provide a fully calibrated stochastic scenario generator that is based on real non-life insurance data. This stochastic simulation machine allows everyone to simulate their own synthetic insurance portfolio of individual claims histories and back-test thier preferred claims reserving method.

  7. Future Land Use Planning Alternatives for Alaska: One of a Series of Articles on the Native Land Claims.

    Science.gov (United States)

    Parker, Walter B.

    As one in a series of eight articles written by different professionals concerned with Alaska Native land claims, this article focuses on land use planning alternatives after December of 1976 when the configuration of Alaska lands will have been largely finalized under the Alaska Native Claims Settlement Act of 1972. While this particular booklet…

  8. 31 CFR Appendix A to Part 5 - Treasury Directive 34-01-Waiving Claims Against Treasury Employees for Erroneous Payments

    Science.gov (United States)

    2010-07-01

    ... United States provided that there does not exist, in connection with the claim, an indication of fraud... in obtaining a waiver of the claim. b. The General Accounting Office Act of 1996 (Pub. L. 104-316... fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person...

  9. Privacy Act

    Science.gov (United States)

    Learn about the Privacy Act of 1974, the Electronic Government Act of 2002, the Federal Information Security Management Act, and other information about the Environmental Protection Agency maintains its records.

  10. The Compensation Act 2006 and School Trips

    Science.gov (United States)

    Hunter-Jones, John

    2006-01-01

    The Compensation Act 2006 received its Royal Assent on 25 July 2006. The Act allows the courts to have regard to the social utility of "desirable activities", including school trips, in considering negligence claims. The article reviews the law of negligence as it affects teachers of the very young and considers the possible impact of…

  11. Stress related workers' compensation claims: recommendations involving records release.

    Science.gov (United States)

    Martin, K J

    1992-08-01

    1. The cost of stress claims is predicted to cripple the workers' compensation system, where stress claims are burgeoning and the average payout is twice that of a typical injury. The major reason to release medical records in a stress claim is to determine the validity of the claim arising from the job. 2. Occupational health nurses are frequently asked by the courts to reveal personal client information and may not be protected by the "nurse-client relationship" or "privileged communication." Politically, very little interest has been shown in restricting disclosure of private information. 3. Both ANA and AAOHN have adopted strong positions about safeguarding privacy. Legally, the ultimate responsibility for wrongful acts committed by the nurse falls on the individual nurse. 4. The most important reason to guard confidential health information is the basic tenet of the nurse-client relationship in which personal matters are held in confidence. To break this trust is to jeopardize the ability to provide optimal client care, which is the essence of nursing.

  12. Determination of trace aluminum concentration and homogeneity in biological material TORT-1 by instrumental neutron activation and graphite furnace atomic absorption spectrometry

    International Nuclear Information System (INIS)

    Kratochvil, B.; Motkosky, N.; Duke, M.J.M.; Ng, D.

    1987-01-01

    The biological reference material TORT-1, lobster hepatopancreas, was analyzed for aluminum by instrumental neutron activation analysis (INAA) and graphite furnace atomic absorption spectroscopy (GFAAS). After correction of the INAA results for interferences from 28 Al produced by 31 P(n,α) 28 Al and 28 (n,p) 28 Al reactions, and use of HNO 3 plus HF for sample dissolution for the GFAAS analyses, the methods gave similar results of 43 ± 3 and 42 ± 2 μg/g respectively for 200 to 300-mg test portions. Analysis of six portions from each of six bottles of TORT-1 showed no statistical difference at the 95% confidence level for the between and within bottle variances. Therefore, The material can be considered homogeneous for aluminum if 200- to 300-mg test portions are taken. The variance was greater and the average lower when 30-mg test portions were analyzed for aluminum by GFAAS. The pattern of the results, together with the need for HF in the dissolution procedure, suggests the presence of aluminum-containing microparticulate mineral matter, perhaps silicate material, in the material

  13. Determination of trace aluminum concentration and homogeneity in biological material TORT-1 by instrumental neutron activation and graphite furnace atomic absorption spectrometry

    Energy Technology Data Exchange (ETDEWEB)

    Kratochvil, B; Motkosky, N; Duke, M J.M.; Ng, D

    1987-05-01

    The biological reference material TORT-1, lobster hepatopancreas, was analyzed for aluminum by instrumental neutron activation analysis (INAA) and graphite furnace atomic absorption spectroscopy (GFAAS). After correction of the INAA results for interferences from /sup 28/Al produced by /sup 31/P(n,..cap alpha..)/sup 28/Al and /sup 28/(n,p)/sup 28/Al reactions, and use of HNO/sub 3/ plus HF for sample dissolution for the GFAAS analyses, the methods gave similar results of 43 +- 3 and 42 +- 2 ..mu..g/g respectively for 200 to 300-mg test portions. Analysis of six portions from each of six bottles of TORT-1 showed no statistical difference at the 95% confidence level for the between and within bottle variances. Therefore, The material can be considered homogeneous for aluminum if 200- to 300-mg test portions are taken. The variance was greater and the average lower when 30-mg test portions were analyzed for aluminum by GFAAS. The pattern of the results, together with the need for HF in the dissolution procedure, suggests the presence of aluminum-containing microparticulate mineral matter, perhaps silicate material, in the material.

  14. Tortícolis muscular congénita: punto de vista del cirujano plástico

    Directory of Open Access Journals (Sweden)

    F.J. Villegas-Alzate

    2014-03-01

    Full Text Available La tortícolis muscular congénita es una entidad frecuente, presente al nacimiento como una banda fibrosa o tumor en la región del músculo esternocleidomastoideo, que produce cambios restrictivos reflejados en trastornos progresivos del crecimiento y posición de la cabeza y en la rotación y flexión del cuello. El diagnóstico y tratamiento oportunos con fisioterapia y aparatología pueden evitar su secuencia de asimetría craneofacial y daño ocular, de difícil corrección una vez instaurados. Los casos que no responden al tratamiento médico inicial se benefician de cirugía. Presentamos la experiencia quirúrgica con 16 pacientes entre 9 y 32 años con seguimiento de entre 10 semanas y 15 años. El tratamiento quirúrgico consistió en 3 tenotomías de las inserciones del músculo esternocleidomastoideo a través de abordaje directo por dos incisiones pequeñas. Cuantificamos la mejoría de la posición de la cabeza por mediciones angulares en las fotografías pre y postoperatorias en vistas anterior y posterior, demostrando correcciones de entre el 53 y el 100% con promedio del 83% . En algunos casos medimos la movilidad del cuello con un transportador de ángulos confeccionado en consulta. En todos los casos logramos mejoría sustancial, sin complicaciones y con cicatrices aceptables; la columna lateral del cuello en el sitio del músculo seccionado recuperó su continuidad, sin percepción de corte abrupto, depresión o hundimiento. No observamos correlación entre la mejoría lograda y la severidad de la deformidad, ni tampoco con la edad del paciente en el momento de la cirugía, ya que a pesar de que en algunos casos había finalizado el crecimiento y el estado era avanzado, la mejoría fue buena.

  15. Warranty claim analysis considering human factors

    International Nuclear Information System (INIS)

    Wu Shaomin

    2011-01-01

    Warranty claims are not always due to product failures. They can also be caused by two types of human factors. On the one hand, consumers might claim warranty due to misuse and/or failures caused by various human factors. Such claims might account for more than 10% of all reported claims. On the other hand, consumers might not be bothered to claim warranty for failed items that are still under warranty, or they may claim warranty after they have experienced several intermittent failures. These two types of human factors can affect warranty claim costs. However, research in this area has received rather little attention. In this paper, we propose three models to estimate the expected warranty cost when the two types of human factors are included. We consider two types of failures: intermittent and fatal failures, which might result in different claim patterns. Consumers might report claims after a fatal failure has occurred, and upon intermittent failures they might report claims after a number of failures have occurred. Numerical examples are given to validate the results derived.

  16. Questioning the claims from Kaiser.

    Science.gov (United States)

    Talbot-Smith, Alison; Gnani, Shamini; Pollock, Allyson M; Gray, Denis Pereira

    2004-06-01

    The article by Feachem et al, published in the BMJ in 2002, claimed to show that, compared with the United Kingdom (UK) National Health Service (NHS), the Kaiser Permanente healthcare system in the United States (US) has similar healthcare costs per capita, and performance that is considerably better in certain respects. To assess the accuracy of Feachem et al's comparison and conclusions. Detailed re-examination of the data and methods used and consideration of the 82 letters responding to the article. Analyses revealed four main areas in which Feachem et al's methodology was flawed. Firstly, the populations of patients served by Kaiser Permanente and by the NHS are fundamentally different. Kaiser's patients are mainly employed, significantly younger, and significantly less socially deprived and so are healthier. Feachem et al fail to adjust adequately for these factors. Secondly, Feachem et al have wrongly inflated NHS costs by omitting substantial user charges payable by Kaiser members for care, excluding the costs of marketing and administration, and deducting the surplus from Kaiser's costs while underestimating the capital charge element of the NHS budget and other costs. They also used two methods of converting currency, the currency rate and a health purchasing power parity conversion. This is double counting. Feachem et al reported that NHS costs were 10% less per head than Kaiser. Correcting for the double currency conversion gives the NHS a 40% cost advantage such that per capita costs are 1161 dollars and 1951 dollars for the NHS and Kaiser, respectively. Thirdly, Feachem et al use non-standardised data for NHS bed days from the Organisation for Economic Cooperation and Development, rather than official Department of Health bed availability and activity statistics for England. Leaving aside the non-comparability of the population and lack of standardisation of the data, the result is to inflate NHS acute bed use and underestimate the efficiency of

  17. 32 CFR 842.129 - Settlement of claims against NAFIs.

    Science.gov (United States)

    2010-07-01

    ... LITIGATION ADMINISTRATIVE CLAIMS Nonappropriated Fund Claims § 842.129 Settlement of claims against NAFIs. (a) This subpart does not establish legal theories for adjudication of claims. Refer to the appropriate...

  18. Sex work and the claim for grassroots legislation.

    Science.gov (United States)

    Fassi, Marisa N

    2015-01-01

    The aim of this paper is to contribute to understanding of legal models that aim to control sex work, and the policy implications of these, by discussing the experience of developing a grassroots legislation bill proposal by organised sex workers in Córdoba, Argentina. The term 'grassroots legislation' here refers to a legal response that derives from the active involvement of local social movements and thus incorporates the experiential knowledge and claims of these particular social groupings in the proposal. The experience described in this paper excludes approaches that render sex workers as passive victims or as deviant perpetrators; instead, it conceives of sex workers in terms of their political subjectivity and of political subjectivity in its capacity to speak, to decide, to act and to propose. This means challenging current patterns of knowledge/power that give superiority to 'expert knowledge' above and beyond the claims, experiences, knowledge and needs of sex workers themselves as meaningful sources for law making.

  19. [Health claims for medical foods].

    Science.gov (United States)

    Katan, Martijn B

    2013-01-01

    Souvenaid (Nutricia, Zoetermeer, the Netherlands) is a medical food for the dietary management of early Alzheimer's disease. The mix of nutrients in this drink is suggested to have a beneficial effect on cognitive function; such implicit health claims for medical foods are not checked by government agencies. Souvenaid has been investigated in three clinical trials. The first trial showed that Souvenaid produced a significant improvement in delayed verbal recall, but not in other psychological tests. The second and largest trial showed no effect on any outcome. The third trial showed no significant effect at 12 or 24 weeks, but a significant difference in the 24-week time course of the composite memory score. None of these outcomes was clearly specified as a primary outcome at trial registration. In conclusion, there is no convincing proof that Souvenaid benefits cognitive function. Better scrutiny of the efficacy of medical foods is warranted.

  20. CLAIMS OF SUSTAINABLE FACILITIES MANAGEMENT

    DEFF Research Database (Denmark)

    Nielsen, Susanne Balslev

    Purpose: The purpose of the paper is to provide an overview of current practices within the emergent management discipline: Sustainable Facilities Management (SFM). Background: To develop a sustainable society, facilities managers must become change agents for sustainability in the built...... environment. Facilities Management (FM) is contributing to the environmental, social and economical problems, but can at the same time also be a part of the solution. However, to integrate sustainability in FM is still an emergent niche within FM, and the examples of SFM so far seems to come out of very......-creating of new socio-technical services and technologies These SFM understandings are concluded to be coexisting claims of SFM definitions. Practical Implications: Facilities managers will be able to identify the mindset behind different services and technologies that are promoted as SFM. But maybe just...

  1. Alleged B. anthracis exposure claims in a workers' compensation setting.

    Science.gov (United States)

    Jewell, Gregory; Dunning, Kari; Lockey, James E

    2006-01-01

    Workers' compensation insurance in some states may not provide coverage for medical evaluation costs of workplace exposures related to potential bioterrorism acts if there is no diagnosed illness or disease. Personal insurance also may not provide coverage for these exposures occurring at the workplace. Governmental entities, insurers, and employers need to consider how to address such situations and the associated costs. The objective of this study was to examine characteristics of workers and total costs associated with workers' compensation claims alleging potential exposure to the bioterrorism organism B. anthracis. We examined 192 claims referred for review to the Ohio Bureau of Workers' Compensation (OBWC) from October 10, 2001, through December 20, 2004. Although some cases came from out-of-state areas where B. anthracis exposure was known to exist, no Ohio claim was associated with true B. anthracis exposure or B. anthracis-related illness. Of the 155 eligible claims, 126 included medical costs averaging dollar 219 and ranging from dollar 24 to dollar 3,126. There was no difference in mean cost for government and non-government employees (p = 0.202 Wilcoxon). The number of claims and associated medical costs for evaluation and treatment of potential workplace exposure to B. anthracis were relatively small. These results can be attributed to several factors, including no documented B. anthracis exposures and disease in Ohio and prompt transmission of recommended diagnostic and prophylactic treatment protocols to physicians. How employers, insurers, and jurisdictions address payment for evaluation and treatment of potential or documented exposures resulting from a potential terrorism-related event should be addressed proactively.

  2. 37 CFR 360.12 - Form and content of claims.

    Science.gov (United States)

    2010-07-01

    ... SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Satellite Claims § 360.12 Form and content of claims. (a) Forms. (1) Each claim to compulsory license royalty fees... owner entitled to claim the royalty fees. (ii) A general statement of the nature of the copyright owner...

  3. 37 CFR 360.3 - Form and content of claims.

    Science.gov (United States)

    2010-07-01

    ... SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Cable Claims § 360.3 Form and content of claims. (a) Forms. (1) Each claim to cable compulsory license royalty fees... copyright owner entitled to claim the royalty fees. (ii) A general statement of the nature of the copyright...

  4. Operating room fires: a closed claims analysis.

    Science.gov (United States)

    Mehta, Sonya P; Bhananker, Sanjay M; Posner, Karen L; Domino, Karen B

    2013-05-01

    To assess patterns of injury and liability associated with operating room (OR) fires, closed malpractice claims in the American Society of Anesthesiologists Closed Claims Database since 1985 were reviewed. All claims related to fires in the OR were compared with nonfire-related surgical anesthesia claims. An analysis of fire-related claims was performed to identify causative factors. There were 103 OR fire claims (1.9% of 5,297 surgical claims). Electrocautery was the ignition source in 90% of fire claims. OR fire claims more frequently involved older outpatients compared with other surgical anesthesia claims (P fire claims (P fires (n = 93) increased over time (P fires occurred during head, neck, or upper chest procedures (high-fire-risk procedures). Oxygen served as the oxidizer in 95% of electrocautery-induced OR fires (84% with open delivery system). Most electrocautery-induced fires (n = 75, 81%) occurred during monitored anesthesia care. Oxygen was administered via an open delivery system in all high-risk procedures during monitored anesthesia care. In contrast, alcohol-containing prep solutions and volatile compounds were present in only 15% of OR fires during monitored anesthesia care. Electrocautery-induced fires during monitored anesthesia care were the most common cause of OR fires claims. Recognition of the fire triad (oxidizer, fuel, and ignition source), particularly the critical role of supplemental oxygen by an open delivery system during use of the electrocautery, is crucial to prevent OR fires. Continuing education and communication among OR personnel along with fire prevention protocols in high-fire-risk procedures may reduce the occurrence of OR fires.

  5. 5 CFR 177.108 - Referral to Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Referral to Department of Justice. 177... ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.108 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  6. 40 CFR 1620.8 - Referral to Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Referral to Department of Justice... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.8 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  7. Radiation injury claims: an overview and update

    International Nuclear Information System (INIS)

    Schaffer, W.G.

    1984-01-01

    The author reviews the radiation injury claims problem and summarizes the legal framework in which the claims are presently brought. Two cases are reviewed in which the decisions are troubling. The implications of these decisions are discussed in the overall radiation injury claims problem. The author notes that in the largest radiation injury case tried in the United States, the court was unable to resolve the claims within the confines of the existing law. The disregard for established norms of adjudication and the resultant decline in predictability of outcome portends grave consequences, not only for the nuclear industry but for other industries involved with potentially toxic substances

  8. Survey of malpractice claims in dermatology

    International Nuclear Information System (INIS)

    Altman, J.

    1975-01-01

    A statistical survey of malpractice claims asserted against dermatologists was made. The subject matter of the claims was divided into eight major categories: drug reactions, x-ray burns, poor cosmetic result following surgery, poor cosmetic result following medication, failure to diagnose cancer, improper diagnosis, infection from treatment, and miscellaneous. The study showed that a group of ''serious'' damage cases, which accounted for 34 percent of total claims, generated 94 percent of total dollar losses. The problem areas for malpractice claims appeared to be drug reactions, cosmetic chemosurgery, and failure to diagnose cancer. (U.S.)

  9. Nuclear liability and the Price--Anderson Act

    International Nuclear Information System (INIS)

    Wilson, R.

    1977-01-01

    The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

  10. When Stepfathers Claim Stepchildren: A Conceptual Analysis

    Science.gov (United States)

    Marsiglio, William

    2004-01-01

    Abstract Guided by social constructionist and symbolic interactionist perspectives and a grounded theory method, my conceptual analysis explores stepfathers experiences with claiming stepchildren as their own. Using indepth interviews with a diverse sample of 36 stepfathers, my analysis focuses on paternal claiming as a core category and generates…

  11. 49 CFR 22.69 - Claim process.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Claim process. 22.69 Section 22.69 Transportation Office of the Secretary of Transportation SHORT-TERM LENDING PROGRAM (STLP) Loan Administration § 22.69 Claim process. After reasonable efforts have been exhausted to collect on a delinquent debt, the...

  12. The Indirect Empathic Approach to Claim Letters.

    Science.gov (United States)

    Bell, James D.

    1985-01-01

    In discussing letter-writing methods for business communication classes, the article explains that claim letter formats other than the direct approach are not only legitimate, but also effective, and suggests that the approach selected should depend upon the circumstances surrounding the claim. (CT)

  13. 16 CFR 460.22 - Tax claims.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Tax claims. 460.22 Section 460.22 Commercial Practices FEDERAL TRADE COMMISSION TRADE REGULATION RULES LABELING AND ADVERTISING OF HOME INSULATION § 460.22 Tax claims. Do not say or imply that your product qualifies for a tax benefit unless it is true. ...

  14. 78 FR 75944 - Commencement of Claims Program

    Science.gov (United States)

    2013-12-13

    ... Agreement Between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya.... Simkin, Chief Counsel, Foreign Claims Settlement Commission of the United States, 600 E Street NW., Room... provided that (1) the claim was set forth by a claimant named in Abbott et al. v. Socialist People's Libyan...

  15. 76 FR 3156 - Alaska Native Claims Selection

    Science.gov (United States)

    2011-01-19

    ... located in: Seward Meridian, Alaska T. 26 N., R. 47 W., Sec. 3, those lands formerly within mining claim... claim recordation AA- 32365. Containing approximately 155 acres. T. 27 N., R. 47 W., Sec. 34, those... e-mail at ak[email protected] , or by telecommunication device (TTD) through the Federal...

  16. 32 CFR 842.31 - Claims payable.

    Science.gov (United States)

    2010-07-01

    ... which last for an extended period of time. The claimant must be free of negligence. (i) Claims for... hazards may be negligence. These types of claims would include pitted windshields, dents, chipped paint on..., or power outages which last for an extended period of time. The claimant must be free of negligence...

  17. Moral Minimalism in American Indian Land Claims

    Science.gov (United States)

    Hendrix, Burke A.

    2005-01-01

    This is an essay about Indian claims for the return of historically stolen lands, written from the perspective of a "Western" academic moral philosopher. I want to try to outline points of agreement and disagreement between Indian and Western moral conceptions and to seek common ground on which land claims can be more clearly evaluated…

  18. Perception of health claims among Nordic consumers

    DEFF Research Database (Denmark)

    Grunert, Klaus G.; Lähteenmäki, Liisa; Boztug, Yasemin

    2009-01-01

    . Claims were constructed from an underlying universe combining different active ingredients (familiar, unfamiliar), type of claim (combination of information about ingredient, physiological function and health benefit), framing (positive, negative) and use of qualifier (with, without 'may'). Across pairs...... of active ingredient, physiological function and health benefit, whereas the other prefers 'short' claims consisting of the health benefit only. Results also showed that the familiar ingredient is preferred to the unfamiliar one, whereas effects of positive vs. negative framing depended on the type......Health claim perception was investigated by a web-based instrument with a sample of 4612 respondents in the Nordic countries (Denmark, Finland, Iceland, Norway, Sweden). Respondents decided which of a pair of claims sounded better, was easier to understand, and was more convincing in their opinion...

  19. Defining hip fracture with claims data: outpatient and provider claims matter.

    Science.gov (United States)

    Berry, S D; Zullo, A R; McConeghy, K; Lee, Y; Daiello, L; Kiel, D P

    2017-07-01

    Medicare claims are commonly used to identify hip fractures, but there is no universally accepted definition. We found that a definition using inpatient claims identified fewer fractures than a definition including outpatient and provider claims. Few additional fractures were identified by including inconsistent diagnostic and procedural codes at contiguous sites. Medicare claims data is commonly used in research studies to identify hip fractures, but there is no universally accepted definition of fracture. Our purpose was to describe potential misclassification when hip fractures are defined using Medicare Part A (inpatient) claims without considering Part B (outpatient and provider) claims and when inconsistent diagnostic and procedural codes occur at contiguous fracture sites (e.g., femoral shaft or pelvic). Participants included all long-stay nursing home residents enrolled in Medicare Parts A and B fee-for-service between 1/1/2008 and 12/31/2009 with follow-up through 12/31/2011. We compared the number of hip fractures identified using only Part A claims to (1) Part A plus Part B claims and (2) Part A and Part B claims plus discordant codes at contiguous fracture sites. Among 1,257,279 long-stay residents, 40,932 (3.2%) met the definition of hip fracture using Part A claims, and 41,687 residents (3.3%) met the definition using Part B claims. 4566 hip fractures identified using Part B claims would not have been captured using Part A claims. An additional 227 hip fractures were identified after considering contiguous fracture sites. When ascertaining hip fractures, a definition using outpatient and provider claims identified 11% more fractures than a definition with only inpatient claims. Future studies should publish their definition of fracture and specify if diagnostic codes from contiguous fracture sites were used.

  20. Reliable estimation of neutron flux in BWR reactor vessel using the tort code (2) application to neutron and gamma flux estimation

    Energy Technology Data Exchange (ETDEWEB)

    Kurosawa, M. [Toshiba Corp., Yokohama (Japan); Tsukiyama, T.; Hayashi, K. [Hitachi Engineering Co. Ltd., Hitachi-shi (Japan)

    2001-07-01

    A neutron and gamma flux distribution around the core of BWR commercial plant in Japan was calculated, using a three-dimensional transport code, TORT in DOORS32 code system. In the external of the core, the bottom of the model was at an elevation of 150 cm below the bottom of active fuel, the top of the model was at an elevation of the top of the shroud head dome and the radial part of the model was to the outside of the reactor pressure vessel. The top guide beams were modeled explicitly to obtain the neutron and gamma flux distribution both in the beams and outside beams. The each control rod guide tube was also modeled with homogeneous region which included the blade wing and poison tubes so that we could obtain the neutron and gamma flux distribution around the each control rod guide tube. The calculation model mentioned above needed very large memory size which exceeded a few decade giga-bytes. As the using the splicing/coupling method had uncertainly at the splicing/coupling boundary, in this work the calculation was performed without this splicing/coupling method. On the other hand, radioactivity data were measured for a few pieces of the top guide beam, shroud and in-core monitor guide tube in the same plant which was analyzed in the above calculation. So the calculation results were able to be compared with those measured data as benchmarking and at the end of this task, the C/M values at these measured points were obtained and calculation model using TORT was evaluated. (authors)

  1. Acupuncture, ACC and the Medicines Act.

    Science.gov (United States)

    Ryan, Daniel J

    2017-12-01

    Acupuncture is covered under the Accident Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003, and is therefore eligible for Accident Compensation Corporation payments for the treatment of personal injuries. This study searched New Zealand acupuncturists' websites for therapeutic claims that may breach Section 58(1)(a) of the Medicines Act. A search of acupuncturists' websites shows that many claim to be able to treat a wide range of conditions, despite a lack of evidence showing the efficacy of acupuncture in the treatment of those conditions. Practitioners and owners of websites likely to be in breach of the Medicines Act include many committee members from acupuncture's professional bodies.

  2. ACTS 2014

    DEFF Research Database (Denmark)

    Co-curator of ACTS 2014 together with Rasmus Holmboe, Judith Schwarzbart and Sanne Kofoed. ACTS is the Museum of Contemporary Art’s international bi-annual festival. ACTS was established in 2011 and, while the primary focus is on sound and performance art, it also looks toward socially oriented art....... For the 2014 festival, the museum has entered into a collaboration with the Department for Performance Design at Roskilde University – with continued focus on sound and performance art, and social art in public spaces. With ACTS, art moves out of its usual exhibition space and instead utilizes the city, its...... various possibilities and public spaces as a stage. ACTS takes place in and around the museum and diverse locations in Roskilde city. ACTS is partly curated by the museum staff and partly by guest curators. ACTS 2014 is supported by Nordea-fonden and is a part of the project The Museum goes downtown....

  3. 37 CFR 360.25 - Copies of claims.

    Science.gov (United States)

    2010-07-01

    ... Section 360.25 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Digital Audio Recording Devices and Media Royalty Claims § 360.25 Copies of claims. A claimant shall, for each claim...

  4. 12 CFR 627.2750 - Priority of claims-banks.

    Science.gov (United States)

    2010-01-01

    ...) All claims for taxes. (f) All claims of creditors which are secured by specific assets or equities of... accordance with priorities of applicable Federal or State law. (g) All claims of holders of bonds issued by... claims of holders of consolidated and System-wide bonds and all claims of the other Farm Credit banks...

  5. 20 CFR 10.7 - What forms are needed to process claims under the FECA?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false What forms are needed to process claims under the FECA? 10.7 Section 10.7 Employees' Benefits OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT...' COMPENSATION ACT, AS AMENDED General Provisions Definitions and Forms § 10.7 What forms are needed to process...

  6. 7 CFR 28.125 - No voiding or modifying claims for payment.

    Science.gov (United States)

    2010-01-01

    ... Section 28.125 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE COMMODITY STANDARDS AND STANDARD... Standards Act Fees and Costs § 28.125 No voiding or modifying claims for payment. Nothing in this subpart...

  7. 78 FR 33839 - Access by United States Environmental Protection Agency (EPA) Contractors to Information Claimed...

    Science.gov (United States)

    2013-06-05

    ... health and the environment by regulating air pollution from motor vehicles, engines, and the fuels used... Standards for Moving Sources, and Act To Prevent Pollution From Ships (APPS) AGENCY: Environmental... Pollution from Ships (APPS) that may be claimed as, or may be determined to be, confidential business...

  8. 13 CFR 114.105 - Who investigates and considers my claim?

    Science.gov (United States)

    2010-01-01

    ... employees of the Disaster Assistance Program, the SBA District Counsel in the office with jurisdiction over the site where the action giving rise to the claim occurred will investigate and make recommendations... which arise out of acts or omissions of Disaster Assistance Program employees, the SBA Disaster Area...

  9. The importance of subjective claims management.

    Science.gov (United States)

    Beger, C S

    1997-01-01

    This article discusses the causes and effects of "subjective disability" on today's workforce and employers. As employees feel out of control with both their careers and demands placed upon them, the number of claims characterized by self-reported symptoms are increasing. Subjective disabilities include chronic syndrome, fibromyalgia, psychiatric claims and chronic pain. The author discusses creative strategies in case studies that have helped employers contain the costs of disability claims, while empowering the employee to take control of their own situation and return to work sooner.

  10. 25 CFR 900.182 - What other statutes and regulations apply to FTCA coverage?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 2 2010-04-01 2010-04-01 false What other statutes and regulations apply to FTCA... HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort Claims Act Coverage General Provisions § 900.182 What other statutes...

  11. 25 CFR 1000.271 - What other statutes and regulations apply to FTCA coverage?

    Science.gov (United States)

    2010-04-01

    ... OF THE INTERIOR ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Federal Tort Claims § 1000.271 What other statutes and... 25 Indians 2 2010-04-01 2010-04-01 false What other statutes and regulations apply to FTCA...

  12. Basic Stand Alone Medicare Inpatient Claims PUF

    Data.gov (United States)

    U.S. Department of Health & Human Services — This release contains the Basic Stand Alone (BSA) Inpatient Public Use Files (PUF) named CMS 2008 BSA Inpatient Claims PUF with information from 2008 Medicare...

  13. 5 CFR 180.107 - Claims procedure.

    Science.gov (United States)

    2010-01-01

    ... General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. Claims shall be... the performance of official business at the request of, or with the knowledge and consent of, superior...

  14. 49 CFR 1018.7 - Conversion claims.

    Science.gov (United States)

    2010-10-01

    ... Conversion claims. These procedures are directed primarily to the recovery of money on behalf of the Government. The Board may demand: (a) The return of specific property; or (b) Either the return of property or the payment of its value. ...

  15. Must Metaethical Realism Make a Semantic Claim?

    Science.gov (United States)

    Kahane, Guy

    2013-02-01

    Mackie drew attention to the distinct semantic and metaphysical claims made by meta ethical realists, arguing that although our evaluative discourse is cognitive and objective, there are no objective evaluative facts. This distinction, however, also opens up a reverse possibility: that our evaluative discourse is antirealist, yet objective values do exist. I suggest that this seemingly far-fetched possibility merits serious attention; realism seems com mitted to its intelligibility, and, despite appearances, it isn't incoherent, ineffable, inherently implausible or impossible to defend. I argue that reflection on this possibility should lead us to revise our understanding of the debate between realists and antirealists. It is not only that the realist's semantic claim is insufficient for realism to be true, as Mackie argued; it's not even necessary. Robust metaethical realism is best understood as making a purely metaphysical claim. It is thus not enough for antirealists to show that our discourse is antirealist. They must directly attack the realist's metaphysical claim.

  16. Curatorial Acts

    NARCIS (Netherlands)

    Bal, M.

    2012-01-01

    In a self-critical inquiry into my own recent work of co-curating and the experience of seeing my video work being curated by others, this article examines acts of framing as performative acts that seek to transform visitors' preconceptions. This affective effect is pursued by means of immersion,

  17. Consumer understanding of sugars claims on food and drink products

    OpenAIRE

    Patterson, N J; Sadler, M J; Cooper, J M

    2012-01-01

    Consumer understanding of nutrition and health claims is a key aspect of current regulations in the European Union (EU). In view of this, qualitative and quantitative research techniques were used to investigate consumer awareness and understanding of product claims in the UK, focusing particularly on nutrition claims relating to sugars. Both research methods identified a good awareness of product claims. No added sugars claims were generally preferred to reduced sugars claims, and there was ...

  18. 20 CFR 429.103 - Who may file my claim?

    Science.gov (United States)

    2010-04-01

    ... authorized agent, or your legal representative may file the claim. (c) Claims based on death. The executor or... behalf as agent, executor, administrator, parent, guardian or other representative. ...

  19. Aboriginal Determination: Native Title Claims and Barriers to Recognition

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-09-01

    Full Text Available The Australian government has proposed a referendum in 2012 to decide the constitutional status of its indigenous people. There is at present no mechanism to define the indigenous people as a domestic or foreign entity of the Commonwealth. This is an important issue because other settler governments have developed a framework to implement their relationship with the native people. As a result, it is difficult prove title to land that has been abrogated by the deeds of the settlers. In Mabo v Queensland (2,the Commonwealth government was found to have breached its fiduciary duty to the Aboriginal peoples. The judgment led to the Native Title Act 1993 that established the process of asserting native rights that were held to coexist with pastoral ownership. The promulgation of the Native Title Amendment Act 1998 reversed this process and augmented the powers of non-native landlords by providing the device to extinguish native rights. In Western Australia v Ward, a mining lease was held to have precedence over native title that was adjudged to be part of a bundle of rights. In implementing the Native Title Act the issue turns on the determination of the ties to land/ sea that the government allows to the Aboriginal peoples. The judgment in Harrington-Smith on behalf of the Wongatha People v Western Australia indicates that title can be excluded on procedural grounds and that there was an incompatibility between the claims of the Aboriginal peoples and the settlers’ claims. The road map towards a more effective regime of proving title can be achieved if the Aboriginal peoples are granted recognition as a nation in the Constitution and a treaty is signed with them.

  20. Framing and Claiming: How Information-Framing Affects Expected Social Security Claiming Behavior

    Science.gov (United States)

    Brown, Jeffrey R.; Kapteyn, Arie; Mitchell, Olivia S.

    2017-01-01

    This paper provides evidence that Social Security benefit claiming decisions are strongly affected by framing and are thus inconsistent with expected utility theory. Using a randomized experiment that controls for both observable and unobservable differences across individuals, we find that the use of a “breakeven analysis” encourages early claiming. Respondents are more likely to delay when later claiming is framed as a gain, and the claiming age is anchored at older ages. Additionally, the financially less literate, individuals with credit card debt, and those with lower earnings are more influenced by framing than others. PMID:28579641

  1. Framing and Claiming: How Information-Framing Affects Expected Social Security Claiming Behavior.

    Science.gov (United States)

    Brown, Jeffrey R; Kapteyn, Arie; Mitchell, Olivia S

    2016-03-01

    This paper provides evidence that Social Security benefit claiming decisions are strongly affected by framing and are thus inconsistent with expected utility theory. Using a randomized experiment that controls for both observable and unobservable differences across individuals, we find that the use of a "breakeven analysis" encourages early claiming. Respondents are more likely to delay when later claiming is framed as a gain, and the claiming age is anchored at older ages. Additionally, the financially less literate, individuals with credit card debt, and those with lower earnings are more influenced by framing than others.

  2. Recovering fraudulent claims for Australian federal expenditure on pharmaceuticals and medical devices.

    Science.gov (United States)

    Faunce, Thomas; Urbas, Gregor; Skillen, Lesley; Smith, Marc

    2010-12-01

    The Australian Federal Government expends increasingly large amounts of money on pharmaceuticals and medical devices. It is likely, given government experience in other jurisdictions, that a significant proportion of this expenditure is paid as a result of fraudulent claims presented by corporations. In the United States, legislation such as the False Claims Act 1986 (US), the Fraud Enforcement and Recovery Act 2009 (US), the Stark (Physician Self-Referral) Statute 1995 (US), the Anti-Kickback Statute 1972 (US), the Food, Drug and Cosmetic Act 1938 (US), the Social Security Act 1965 (US), and the Patient Protection and Affordable Care Act 2010 (US) has created systematic processes allowing the United States Federal Government to recover billions of dollars in fraudulently made claims in the health and procurement areas. The crucial component involves the creation of financial incentives for information about fraud to be revealed from within the corporate sector to the appropriate state officials. This article explores the opportunities for creating a similar system in Australia in the health care setting.

  3. Pediatric radiology malpractice claims - characteristics and comparison to adult radiology claims

    International Nuclear Information System (INIS)

    Breen, Micheal A.; Taylor, George A.; Dwyer, Kathy; Yu-Moe, Winnie

    2017-01-01

    Medical malpractice is the primary method by which people who believe they have suffered an injury in the course of medical care seek compensation in the United States and Canada. An increasing body of research demonstrates that failure to correctly diagnose is the most common allegation made in malpractice claims against radiologists. Since the 1994 survey by the Society of Chairmen of Radiology in Children's Hospitals (SCORCH), no other published studies have specifically examined the frequency or clinical context of malpractice claims against pediatric radiologists or arising from pediatric imaging interpretation. We hypothesize that the frequency, character and outcome of malpractice claims made against pediatric radiologists differ from those seen in general radiology practice. We searched the Controlled Risk Insurance Co. (CRICO) Strategies' Comparative Benchmarking System (CBS), a private repository of approximately 350,000 open and closed medical malpractice claims in the United States, for claims related to pediatric radiology. We further queried these cases for the major allegation, the clinical environment in which the claim arose, the clinical severity of the alleged injury, indemnity paid (if payment was made), primary imaging modality involved (if applicable) and primary International Classification of Diseases, 9th revision (ICD-9) diagnosis underlying the claim. There were a total of 27,056 fully coded claims of medical malpractice in the CBS database in the 5-year period between Jan. 1, 2010, and Dec. 31, 2014. Of these, 1,472 cases (5.4%) involved patients younger than 18 years. Radiology was the primary service responsible for 71/1,472 (4.8%) pediatric cases. There were statistically significant differences in average payout for pediatric radiology claims ($314,671) compared to adult radiology claims ($174,033). The allegations were primarily diagnosis-related in 70% of pediatric radiology claims. The most common imaging modality implicated in

  4. Pediatric radiology malpractice claims - characteristics and comparison to adult radiology claims

    Energy Technology Data Exchange (ETDEWEB)

    Breen, Micheal A.; Taylor, George A. [Boston Children' s Hospital, Department of Radiology, Boston, MA (United States); Dwyer, Kathy; Yu-Moe, Winnie [CRICO Risk Management Foundation, Boston, MA (United States)

    2017-06-15

    Medical malpractice is the primary method by which people who believe they have suffered an injury in the course of medical care seek compensation in the United States and Canada. An increasing body of research demonstrates that failure to correctly diagnose is the most common allegation made in malpractice claims against radiologists. Since the 1994 survey by the Society of Chairmen of Radiology in Children's Hospitals (SCORCH), no other published studies have specifically examined the frequency or clinical context of malpractice claims against pediatric radiologists or arising from pediatric imaging interpretation. We hypothesize that the frequency, character and outcome of malpractice claims made against pediatric radiologists differ from those seen in general radiology practice. We searched the Controlled Risk Insurance Co. (CRICO) Strategies' Comparative Benchmarking System (CBS), a private repository of approximately 350,000 open and closed medical malpractice claims in the United States, for claims related to pediatric radiology. We further queried these cases for the major allegation, the clinical environment in which the claim arose, the clinical severity of the alleged injury, indemnity paid (if payment was made), primary imaging modality involved (if applicable) and primary International Classification of Diseases, 9th revision (ICD-9) diagnosis underlying the claim. There were a total of 27,056 fully coded claims of medical malpractice in the CBS database in the 5-year period between Jan. 1, 2010, and Dec. 31, 2014. Of these, 1,472 cases (5.4%) involved patients younger than 18 years. Radiology was the primary service responsible for 71/1,472 (4.8%) pediatric cases. There were statistically significant differences in average payout for pediatric radiology claims ($314,671) compared to adult radiology claims ($174,033). The allegations were primarily diagnosis-related in 70% of pediatric radiology claims. The most common imaging modality

  5. Pediatric radiology malpractice claims - characteristics and comparison to adult radiology claims.

    Science.gov (United States)

    Breen, Micheál A; Dwyer, Kathy; Yu-Moe, Winnie; Taylor, George A

    2017-06-01

    Medical malpractice is the primary method by which people who believe they have suffered an injury in the course of medical care seek compensation in the United States and Canada. An increasing body of research demonstrates that failure to correctly diagnose is the most common allegation made in malpractice claims against radiologists. Since the 1994 survey by the Society of Chairmen of Radiology in Children's Hospitals (SCORCH), no other published studies have specifically examined the frequency or clinical context of malpractice claims against pediatric radiologists or arising from pediatric imaging interpretation. We hypothesize that the frequency, character and outcome of malpractice claims made against pediatric radiologists differ from those seen in general radiology practice. We searched the Controlled Risk Insurance Co. (CRICO) Strategies' Comparative Benchmarking System (CBS), a private repository of approximately 350,000 open and closed medical malpractice claims in the United States, for claims related to pediatric radiology. We further queried these cases for the major allegation, the clinical environment in which the claim arose, the clinical severity of the alleged injury, indemnity paid (if payment was made), primary imaging modality involved (if applicable) and primary International Classification of Diseases, 9th revision (ICD-9) diagnosis underlying the claim. There were a total of 27,056 fully coded claims of medical malpractice in the CBS database in the 5-year period between Jan. 1, 2010, and Dec. 31, 2014. Of these, 1,472 cases (5.4%) involved patients younger than 18 years. Radiology was the primary service responsible for 71/1,472 (4.8%) pediatric cases. There were statistically significant differences in average payout for pediatric radiology claims ($314,671) compared to adult radiology claims ($174,033). The allegations were primarily diagnosis-related in 70% of pediatric radiology claims. The most common imaging modality implicated in

  6. Automatic generation of 3D fine mesh geometries for the analysis of the venus-3 shielding benchmark experiment with the Tort code

    International Nuclear Information System (INIS)

    Pescarini, M.; Orsi, R.; Martinelli, T.

    2003-01-01

    In many practical radiation transport applications today the cost for solving refined, large size and complex multi-dimensional problems is not so much computing but is linked to the cumbersome effort required by an expert to prepare a detailed geometrical model, verify and validate that it is correct and represents, to a specified tolerance, the real design or facility. This situation is, in particular, relevant and frequent in reactor core criticality and shielding calculations, with three-dimensional (3D) general purpose radiation transport codes, requiring a very large number of meshes and high performance computers. The need for developing tools that make easier the task to the physicist or engineer, by reducing the time required, by facilitating through effective graphical display the verification of correctness and, finally, that help the interpretation of the results obtained, has clearly emerged. The paper shows the results of efforts in this field through detailed simulations of a complex shielding benchmark experiment. In the context of the activities proposed by the OECD/NEA Nuclear Science Committee (NSC) Task Force on Computing Radiation Dose and Modelling of Radiation-Induced Degradation of Reactor Components (TFRDD), the ENEA-Bologna Nuclear Data Centre contributed with an analysis of the VENUS-3 low-flux neutron shielding benchmark experiment (SCK/CEN-Mol, Belgium). One of the targets of the work was to test the BOT3P system, originally developed at the Nuclear Data Centre in ENEA-Bologna and actually released to OECD/NEA Data Bank for free distribution. BOT3P, ancillary system of the DORT (2D) and TORT (3D) SN codes, permits a flexible automatic generation of spatial mesh grids in Cartesian or cylindrical geometry, through combinatorial geometry algorithms, following a simplified user-friendly approach. This system demonstrated its validity also in core criticality analyses, as for example the Lewis MOX fuel benchmark, permitting to easily

  7. ACT Test

    Science.gov (United States)

    ... to clot, the higher the degree of clotting inhibition. During surgery, the ACT is kept above a ... What is ECLS? An Introduction to Extracorporeal Life Support. University of Michigan Health System [On-line information]. ...

  8. Everyday Citizenship: Identity Claims and Their Reception

    Directory of Open Access Journals (Sweden)

    Nick Hopkins

    2015-10-01

    Full Text Available Citizenship involves being able to speak and be heard as a member of the community. This can be a formal right (e.g., a right to vote. It can also be something experienced in everyday life. However, the criteria for being judged a fellow member of the community are multiple and accorded different weights by different people. Thus, although one may self-define alongside one’s fellows, the degree to which these others reciprocate depends on the weight they give to various membership criteria. This suggests we approach everyday community membership in terms of an identity claims-making process in which first, an individual claims membership through invoking certain criteria of belonging, and second, others evaluate that claim. Pursuing this logic we report three experiments investigating the reception of such identity-claims. Study 1 showed that in Scotland a claim to membership of the national ingroup was accepted more if couched in terms of place of birth and ancestry rather than just in terms of one’s subjective identification. Studies 2 and 3 showed that this differential acceptance mattered for the claimant’s ability to be heard as a community member. We discuss the implications of these studies for the conceptualization of community membership and the realization of everyday citizenship rights.

  9. CLAIMS FOR REINBURSEMENT OF EDUCATION FEES

    CERN Multimedia

    PE-ADS

    1999-01-01

    You are reminded that, in accordance with Article R A 8.07 of the Staff Regulations 'the relevant bills shall be grouped so that not more than three claims in respect of each child are submitted in an academic year'.For this purpose:-\tthe academic year is defined as the period going from 1st September to 31st August,-\tonly paid bills can be subject to reimbursement,-\ta claim for reimbursement of education fees may only include bills for expenses incurred during a given academic year for a given child,-\tbills for one child may be grouped on a claim by periods of term, semester or academic year,-\tthe months of July and August should be included in the third term, or the second semester, or the academic year,-\tfor each dependent child, a maximum of 3 claims can be submitted for the reimbursement of expenses incurred during one academic year, therefore, any bill submitted for reimbursement after the third claim will not be reimbursed.Please make sure that you have receive...

  10. CLAIMS FOR REIMBURSEMENT OF EDUCATION FEES

    CERN Multimedia

    Personnel Division

    1999-01-01

    REMINDERYou are reminded that, in accordance with Article R A 8.07 of the Staff Regulations 'the relevant bills shall be grouped so that not more than three claims in respect of each child are submitted in an academic year'.For this purpose:the academic year is defined as the period going from 1st September to 31st August, only paid bills can be subject to reimbursement, a claim for reimbursement of education fees may only include bills for expenses incurred during a given academic year for a given child, bills for one child may be grouped on a claim by periods of term, semester or academic year, the months of July and August should be included in the third term, or the second semester, or the academic year, for each dependent child, a maximum of 3 claims can be submitted for the reimbursement of expenses incurred during one academic year, therefore, any bill submitted for reimbursement after the third claim will not be reimbursed.Please make sure that you have received and paid all bills, including those for...

  11. 77 FR 5217 - Retrospective Review Under E.O. 13563: Seamen's Claims; Admiralty Extension Act Claims; and...

    Science.gov (United States)

    2012-02-02

    ... Federal-State relationship, or on the current distribution of power and responsibilities among the various... capacity; (iii) Medical expenses paid out of pocket; (iv) Pain and suffering; and (v) Any other loss... extent of pain and suffering and of any disability or physical disfigurement; (6) A current prognosis; (7...

  12. 77 FR 65631 - Retrospective Review Under E.O. 13563: Seamen's Claims; Admiralty Extension Act Claims; and...

    Science.gov (United States)

    2012-10-30

    ..., or on the current distribution of power and responsibilities among the various local officials...; (ii) Future loss of earnings or earning capacity; (iii) Medical expenses paid out of pocket; (iv) Pain... employment; (4) Past, present, and future limitations on employment; (5) Duration and extent of pain and...

  13. 76 FR 36176 - Fully Developed Claim (Fully Developed Claims-Applications for Compensation, Pension, DIC, Death...

    Science.gov (United States)

    2011-06-21

    ... DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0747] Fully Developed Claim (Fully Developed Claims--Applications for Compensation, Pension, DIC, Death Pension, and/or Accrued Benefits); Correction AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice; correction...

  14. 31 CFR 361.8 - Claim for replacement.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Claim for replacement. 361.8 Section... § 361.8 Claim for replacement. Claim for replacement shall be made in writing to the Secretary, to the..., Parkersburg, WV 26106-1328. The claim, accompanied by a recommendation regarding the manner of replacement...

  15. 32 CFR Appendix to Part 281 - Claims Description

    Science.gov (United States)

    2010-07-01

    ... advance decision functions for claims under the following statutes: (a) 31 U.S.C. 3702, concerning claims... SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING ADVANCE DECISION REQUESTS Pt. 281, App. Appendix to... Personnel Management performs these functions for claims involving civilian employees' compensation and...

  16. 32 CFR Appendix B to Part 282 - Claims Description

    Science.gov (United States)

    2010-07-01

    ... perform the claims settlement and advance decision functions for claims under the following statutes: (a...) MISCELLANEOUS PROCEDURES FOR SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING ADVANCE DECISION REQUESTS Pt... Director of the Office of Personnel Management performs these functions for claims involving civilian...

  17. 37 CFR 7.12 - Claim of color.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Claim of color. 7.12 Section... § 7.12 Claim of color. (a) If color is claimed as a feature of the mark in the basic application and/or registration, the international application must include a statement that color is claimed as a...

  18. 38 CFR 3.160 - Status of claims.

    Science.gov (United States)

    2010-07-01

    ..., Compensation, and Dependency and Indemnity Compensation Claims § 3.160 Status of claims. The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation. (a... for a benefit received after final disallowance of an earlier claim, or any application based on...

  19. 40 CFR 14.12 - Principal types of unallowable claims.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Principal types of unallowable claims... PERSONAL PROPERTY CLAIMS § 14.12 Principal types of unallowable claims. Claims that ordinarily will not be... valid appraisal or authentication with the carrier prior to shipment of the item; (d) Loss of bankbooks...

  20. 37 CFR 360.5 - Copies of claims.

    Science.gov (United States)

    2010-07-01

    ... Section 360.5 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Cable Claims... hand delivery or by mail, file an original and one copy of the claim to cable royalty fees. ...

  1. 37 CFR 360.22 - Form and content of claims.

    Science.gov (United States)

    2010-07-01

    .... 360.22 Section 360.22 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Digital Audio Recording Devices and Media Royalty Claims § 360.22 Form and content of claims. (a) Forms. (1...

  2. 49 CFR 1021.4 - Notice of claim and demand.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Notice of claim and demand. 1021.4 Section 1021.4... § 1021.4 Notice of claim and demand. Initiation of administrative collection of enforcement claims will be commenced by the enforcement collection designee mailing a letter of notice of claim and demand to...

  3. 32 CFR 536.19 - Disaster claims planning.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Disaster claims planning. 536.19 Section 536.19... AGAINST THE UNITED STATES The Army Claims System § 536.19 Disaster claims planning. All ACOs will prepare... requirements related to disaster claims planning. ...

  4. 32 CFR 842.43 - Filing a claim.

    Science.gov (United States)

    2010-07-01

    ... completed Standard Form 95 or other signed and written demand for money damages in a sum certain. A claim... Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE... amend a claim at any time prior to final action. To amend a claim, the claimant or his or her authorized...

  5. 32 CFR 536.118 - Related statutes for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Related statutes for maritime claims. 536.118... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.118 Related statutes for maritime claims... under the AMCSA is not mandatory for causes of action as it is for the SIAA or PVA. (b) Similar maritime...

  6. 32 CFR 537.19 - Demands arising from maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Demands arising from maritime claims. 537.19 Section 537.19 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS ON BEHALF OF THE UNITED STATES § 537.19 Demands arising from maritime claims. (a) It is...

  7. 32 CFR 536.119 - Scope for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Scope for maritime claims. 536.119 Section 536... CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.119 Scope for maritime claims. The AMCSA applies...) Damage that is maritime in nature and caused by tortious conduct of U.S. military personnel or federal...

  8. 32 CFR 536.124 - Settlement authority for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Settlement authority for maritime claims. 536.124 Section 536.124 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.124 Settlement authority for maritime...

  9. 32 CFR 537.18 - Settlement authority for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Settlement authority for maritime claims. 537.18 Section 537.18 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS ON BEHALF OF THE UNITED STATES § 537.18 Settlement authority for maritime claims. (a) The...

  10. 32 CFR 536.29 - Revision of filed claims.

    Science.gov (United States)

    2010-07-01

    ... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.29 Revision of filed claims. (a... the writing alleges a new theory of liability, a new tortfeasor, a new party claimant, a different... amendment, not a new claim. Similarly, the addition of required information not on the original claim...

  11. Worst-Case-Optimal Dynamic Reinsurance for Large Claims

    DEFF Research Database (Denmark)

    Korn, Ralf; Menkens, Olaf; Steffensen, Mogens

    2012-01-01

    We control the surplus process of a non-life insurance company by dynamic proportional reinsurance. The objective is to maximize expected (utility of the) surplus under the worst-case claim development. In the large claim case with a worst-case upper limit on claim numbers and claim sizes, we fin...

  12. 42 CFR 456.722 - Electronic claims management system.

    Science.gov (United States)

    2010-10-01

    ... Electronic Claims Management System for Outpatient Drug Claims § 456.722 Electronic claims management system...'s Medicaid Management Information System (MMIS) applicable to prescription drugs. (ii) Notifying the... 42 Public Health 4 2010-10-01 2010-10-01 false Electronic claims management system. 456.722...

  13. 28 CFR 32.32 - Time for filing claim.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Time for filing claim. 32.32 Section 32.32 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.32 Time for filing claim. (a...

  14. 7 CFR 220.14 - Claims against school food authorities.

    Science.gov (United States)

    2010-01-01

    ..., DEPARTMENT OF AGRICULTURE CHILD NUTRITION PROGRAMS SCHOOL BREAKFAST PROGRAM § 220.14 Claims against school food authorities. (a) State agencies shall disallow any portion of a claim and recover any payment made... FNSRO, when FNSRO disallows a claim or a portion of a claim, or makes a demand for refund of an alleged...

  15. ADA perceived disability claims: a decision-tree analysis.

    Science.gov (United States)

    Draper, William R; Hawley, Carolyn E; McMahon, Brian T; Reid, Christine A; Barbir, Lara A

    2014-06-01

    The purpose of this study is to examine the possible interactions of predictor variables pertaining to perceived disability claims contained in a large governmental database. Specifically, it is a retrospective analysis of US Equal Employment Opportunity Commission (EEOC) data for the entire population of workplace discrimination claims based on the "regarded as disabled" prong of the Americans with Disabilities Act (ADA) definition of disability. The study utilized records extracted from a "master database" of over two million charges of workplace discrimination in the Integrated Mission System of the EEOC. This database includes all ADA-related discrimination allegations filed from July 26, 1992 through December 31, 2008. Chi squared automatic interaction detection (CHAID) was employed to analyze interaction effects of relevant variables, such as issue (grievance) and industry type. The research question addressed by CHAID is: What combination of factors are associated with merit outcomes for people making ADA EEOC allegations who are "regarded as" having disabilities? The CHAID analysis shows how merit outcome is predicted by the interaction of relevant variables. Issue was found to be the most prominent variable in determining merit outcome, followed by industry type, but the picture is made more complex by qualifications regarding age and race data. Although discharge was the most frequent grievance among charging parties in the perceived disability group, its merit outcome was significantly less than that for the leading factor of hiring.

  16. 77 FR 76624 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2012-12-28

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2013, and ending on June 30, 2013, the prompt payment interest rate is 1-3/8 per centum... Prompt Payment Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  17. Avoiding the known prior acts exclusion when insuring newly acquired entities.

    Science.gov (United States)

    Gasior, J P; Passannante, W G

    1998-09-01

    Adding a new entity to an organization's existing insurance program can be problematic if the existing policy contains a known prior acts exclusion clause. By purportedly excluding claims that a policyholder "could have reasonably foreseen or discovered," the known prior acts exclusion allows the insurer to reject those claims after a lawsuit has been filed policyholders should have known prior acts exclusion clauses removed from their policies or work with their insurers on language that will clarify the policy regarding this exclusion.

  18. 32 CFR 537.15 - Statutory authority for maritime claims and claims involving civil works of a maritime nature.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Statutory authority for maritime claims and claims involving civil works of a maritime nature. 537.15 Section 537.15 National Defense Department of....15 Statutory authority for maritime claims and claims involving civil works of a maritime nature. (a...

  19. Recent cold fusion claims: are they valid?

    International Nuclear Information System (INIS)

    Kowalski, Ludwik

    2006-01-01

    Cold fusion consists of nuclear reactions occurring in solid metals loaded with hydrogen. Considerable progress has been made in that area in the last ten years. This 2004 paper summarizes recent claims without attempting to evaluate their validity. The manuscript was submitted to seven physics journals. Unfortunately, the editors rejected it without the benefit of the usual peer-review process. (author)

  20. 27 CFR 70.413 - Claims.

    Science.gov (United States)

    2010-04-01

    ... file a bond in double the amount of the tax in order to insure collection of the tax if the claim is... 5620.8 for allowance of loss, credit of tax, or relief from tax liability, as applicable, on (1....413 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE...

  1. IDENTITY CLAIMS, TEXTS, ROME AND GALATIANS

    African Journals Online (AJOL)

    inform the identity claimed and negotiated by people and groups. When ..... 24 To some extent, going against the grain of Bourdieu' notion that “what exist in the social world are .... based on words and information that create reality” (Lampe 1995:940, emphasis ..... Jesus, the Early Church and the Roman superpower.

  2. 45 CFR 34.5 - Unallowable claims.

    Science.gov (United States)

    2010-10-01

    ... Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS FILED UNDER THE MILITARY... as jewelry, cameras, watches, and binoculars when they are shipped with household goods by a moving... exercise due care in protecting his or her property. (10) Sales Tax. Reimbursements for the payment of...

  3. CLAIMS IN INTERNATIONAL CONSTRUCTION PROJECTS IN ...

    African Journals Online (AJOL)

    The most significant effect-of claims in international projects in Ethiopia has ... however, do not accept the decision of the Engineer, then an .... The original design of the roof framing for the ..... have experienced tIus problem making it a prime.

  4. 32 CFR 750.9 - Claims: Payments.

    Science.gov (United States)

    2010-07-01

    ... requires submission of the payment voucher to the General Accounting Office. All other field authorized payment vouchers are submitted directly to the servicing disbursing office for payment. ... 32 National Defense 5 2010-07-01 2010-07-01 false Claims: Payments. 750.9 Section 750.9 National...

  5. Consumer perceptions of nutrition and health claims

    NARCIS (Netherlands)

    Trijp, van H.C.M.; Lans, van der I.A.

    2007-01-01

    The number of food products containing extra or reduced levels of specific ingredients (e.g. extra calcium) that bring particular health benefits (e.g. stronger bones) is still increasing. Nutrition- and health-related (NH) claims promoting these ingredient levels and their health benefit differ in

  6. Quadratic Hedging Methods for Defaultable Claims

    International Nuclear Information System (INIS)

    Biagini, Francesca; Cretarola, Alessandra

    2007-01-01

    We apply the local risk-minimization approach to defaultable claims and we compare it with intensity-based evaluation formulas and the mean-variance hedging. We solve analytically the problem of finding respectively the hedging strategy and the associated portfolio for the three methods in the case of a default put option with random recovery at maturity

  7. Competing jurisdictions : settling land claims in Africa

    NARCIS (Netherlands)

    Evers, S.; Spierenburg, M.; Wels, H.

    2005-01-01

    The papers included in this volume were earlier presented at a conference on the settlement of land claims in Africa, which was held in Amsterdam in September 2003. The papers are written primarily from an anthropological perspective. Contributions: Introduction: competing jurisdictions: settling

  8. 32 CFR 750.43 - Claims payable.

    Science.gov (United States)

    2010-07-01

    ... in nature, having little parallel in civilian pursuits, and in which the U.S. Government has... agreement are payable under the MCA, even though legally enforceable against the U.S. Government as contract.... Claims filed under this paragraph may, if in the best interest of the U.S. Government, be referred to and...

  9. Archival claims in Southern Africa | Mnjama | Innovation

    African Journals Online (AJOL)

    The author examines the problem of archival claims in the region. He begins by defining the broad categories of archives that fall under the rubric of `migrated archives' and shows that virtually all states in the region are affected by problems related to this phenomenon. He argues that failure to distinguish the different ...

  10. 32 CFR 732.19 - Claims.

    Science.gov (United States)

    2010-07-01

    ... naval medical or dental officer is not on duty, or by the member receiving care when on detached duty...) and line of duty (LOD) determination. When a reservist claims benefits for care received totally after... Department of Defense (Continued) DEPARTMENT OF THE NAVY PERSONNEL NONNAVAL MEDICAL AND DENTAL CARE Medical...

  11. Contested claims to gardens and land

    DEFF Research Database (Denmark)

    Obika, Julaina; Adol, Ben Otto; Babiiha, Sulayman Mpisi

    2018-01-01

    This chapter explores how, in a patrilineal and patriarchal society recovering from two decades of war, women and men frame arguments about entitlement. Here claims to gardens (plots of land for cultivation) become a contested conversation about women’s rights of belonging to family and community...

  12. Some may beg to differ: individual beliefs and group political claims.

    Science.gov (United States)

    Lipscomb, Martin

    2013-10-01

    While nurses can and do behave as intentional political agents, claims that nurses collectively do (empiric), should (normative) or must (regulatory) act to advance political objectives lack credibility. This paper challenges the coherence and legitimacy of political demands placed upon nurses. It is not suggested that nurses ought not to contribute to political discourse and activity. That would be foolish. However, the idea that nursing can own or exhibit a general political will is discarded. It is suggested that to protect and advance political discussion, to aid explanatory adequacy and clarity, the form in which nursing associates itself with political claims merits critical appraisal. Thus significant numbers of nurses probably reject or disagree with many of the political claims that attach to them--claims often made on their behalf. More specifically, the individual beliefs and goals of nurses can be in conflict with the political pronouncements of nursing scholars and organizations (group agents). It is proposed that nurses need not share substantive normative beliefs/goals and, if this proposal holds, group descriptors such as 'nurses' and 'nursing' cannot meaningfully or easily attach to political claims. Shared value theory is linked to the fallacy of composition and the concept of collective ascription error is introduced to explore the implausibility of using group descriptors such as 'nurses' and 'nursing' to refer to the beliefs/goals of all nurses. © 2013 John Wiley & Sons Ltd.

  13. "Organic," "natural," and "additive-free" cigarettes: Comparing the effects of advertising claims and disclaimers on perceptions of harm.

    Science.gov (United States)

    Baig, Sabeeh A; Byron, M Justin; Lazard, Allison J; Brewer, Noel T

    2018-02-26

    The U.S. Tobacco Control Act restricts advertising or labeling that suggests one tobacco product is less harmful than another. We sought to examine how "organic," "natural," and "additive-free" advertising claims and corresponding disclaimers affect perceptions of cigarettes' harm. Participants were a national probability sample of adults in the U.S. (n = 1,114, including 344 smokers). We conducted a 5 (claim) × 2 (disclaimer) between-subjects factorial experiment. Participants viewed a Natural American Spirit cigarettes ad claiming they were "organic," "natural," "additive-free," "light," or "regular;" and with or without a corresponding disclaimer. The outcome was perceived harm of the advertised cigarettes. Among smokers, we also assessed interest in switching within their current brand to cigarettes with this characteristic (e.g., "additive-free"). Claims in the ad had a large effect on perceived harm (Cohen's d = 0.87, 95% CI: 0.47-1.29). Claims of cigarettes being "organic," "natural," or "additive-free" reduced perceived harm from the advertised cigarettes, as compared to "regular" and "light" claims. Disclaimers had a small effect, increasing perceived harm (d = 0.25, 95% CI: 0.08-0.41). The problematic claims also increased smokers' interest in switching. Disclaimers had no effect on smokers' interest in switching. "Organic," "natural," and "additive-free" claims may mislead people into thinking that the advertised cigarettes are less harmful than other cigarettes. Disclaimers did not offset misperceptions of harm created by false claims. The U.S. Food and Drug Administration should restrict the use of these misleading claims in tobacco advertising.

  14. [Euthanasia and medical act].

    Science.gov (United States)

    2011-05-01

    Right to life -as the prohibition of intentionally and arbitrarily taking life, even with authorization of the concerned one- is an internationally recognized right. In many countries, debate regarding euthanasia is more centered in its convenience, social acceptability and how it is regulated, than in its substantial legitimacy. Some argue that euthanasia should be included as part of clinical practice of health professionals, grounded on individual's autonomy claims-everyone having the liberty to choose how to live and how to die. Against this, others sustain that life has a higher value than autonomy, exercising autonomy without respecting the right to life would become a serious moral and social problem. Likewise, euthanasia supporters some-times claim a 'right to live with dignity', which must be understood as a personal obligation, referred more to the ethical than to the strictly legal sphere. In countries where it is already legalized, euthanasia practice has extended to cases where it is not the patient who requests this but the family or some healthcare professional, or even the legal system-when they think that the patient is living in a condition which is not worthy to live. Generalization of euthanasia possibly will end in affecting those who need more care, such as elder, chronically ill or dying people, damaging severely personal basic rights. Nature, purpose and tradition of medicine rule out the practice of euthanasia, which ought not be considered a medical act or legitimately compulsory for physicians. Today's medicine counts with effective treatments for pain and suffering, such as palliative care, including sedative therapy, which best preserves persons dignity and keeps safe the ethos of the medical profession.

  15. Some Considerations on the Liability of Principal for Acts of the Agent

    Directory of Open Access Journals (Sweden)

    Mirela COSTACHE

    2012-11-01

    Full Text Available The objective of this research is to briefly examine the stipulations of article 1373 of the Civil Code, referring to regulating the tort liability of the principal for the illicit act of the agent. From a comparative point of view with the old provisions, and also in a critical formulation, the study contributes in supporting the recognition of principle nature of the subject under review. Using content analysis, through descriptive documentary research and case-law analysis, this study aims at identifying the content of the obligation for the liability of the principal, presenting a view on the legal status of such type of legal liability. The paper continues further research in this area which has been published in various publications. The concrete results of the research focuse on the examination and interpretation of the new provisions relating to subsistence of the general and special conditions of this type of liability

  16. Current status of nutrition labelling and claims in the South-East Asian region: are we in harmony?

    Science.gov (United States)

    Tee, E-Siong; Tamin, Suryani; Ilyas, Rosmulyati; Ramos, Adelisa; Tan, Wei-Ling; Lai, Darwin Kah-Soon; Kongchuntuk, Hataya

    2002-01-01

    This review includes the situation of nutrition labelling and claims in six countries in South-East Asia: Brunei, Indonesia, Malaysia, Philippines, Singapore and Thailand. With the exception of Malaysia, there is no mandatory nutrition labelling requirements for foods in these countries except for special categories of foods and when nutritional claims are made for fortified or enriched foods. Nevertheless, several food manufacturers, especially multinationals, do voluntarily label the nutritional content of a number of food products. There is, therefore, increasing interest among authorities in countries in the region to start formulating regulations for nutrition labelling for a wider variety of foods. Malaysia has proposed new regulations to make it mandatory to label a number of foodstuffs with the four core nutrients, protein, carbohydrate, fat and energy. Other countries have preferred to start with voluntary labelling by the manufacturers, but have spelt out the requirements for this voluntary labelling. The format and requirements for nutrition labelling differ widely for countries in the region. Some countries, such as Malaysia, closely follow the Codex guidelines on nutrition labelling in terms of format, components to be included and mode of expression. Other countries, such as the Philippines and Thailand, have drafted nutrition labelling regulations very similar to those of the Nutrition Labeling and Education Act (NLEA) of the United States. Nutrition and health claims are also not specifically permitted under food regulations that were enacted before 1998. However, various food products on the market have been carrying a variety of nutrition and health claims. There is concern that without proper regulations, the food industry may not be certain as to what claims can be made. Excessive and misleading claims made by irresponsible manufacturers would only serve to confuse and mislead the consumer. In recent years, there has been efforts in countries in

  17. Ultra-processed family foods in Australia: nutrition claims, health claims and marketing techniques.

    Science.gov (United States)

    Pulker, Claire Elizabeth; Scott, Jane Anne; Pollard, Christina Mary

    2018-01-01

    To objectively evaluate voluntary nutrition and health claims and marketing techniques present on packaging of high-market-share ultra-processed foods (UPF) in Australia for their potential impact on public health. Cross-sectional. Packaging information from five high-market-share food manufacturers and one retailer were obtained from supermarket and manufacturers' websites. Ingredients lists for 215 UPF were examined for presence of added sugar. Packaging information was categorised using a taxonomy of nutrition and health information which included nutrition and health claims and five common food marketing techniques. Compliance of statements and claims with the Australia New Zealand Food Standards Code and with Health Star Ratings (HSR) were assessed for all products. Almost all UPF (95 %) contained added sugars described in thirty-four different ways; 55 % of UPF displayed a HSR; 56 % had nutrition claims (18 % were compliant with regulations); 25 % had health claims (79 % were compliant); and 97 % employed common food marketing techniques. Packaging of 47 % of UPF was designed to appeal to children. UPF carried a mean of 1·5 health and nutrition claims (range 0-10) and 2·6 marketing techniques (range 0-5), and 45 % had HSR≤3·0/5·0. Most UPF packaging featured nutrition and health statements or claims despite the high prevalence of added sugars and moderate HSR. The degree of inappropriate or inaccurate statements and claims present is concerning, particularly on packaging designed to appeal to children. Public policies to assist parents to select healthy family foods should address the quality and accuracy of information provided on UPF packaging.

  18. Claims procedures for employee benefit plans--Pension and Welfare Benefits Administration, Department of Labor. Request for information.

    Science.gov (United States)

    1997-09-08

    This document requests information from the public concerning the advisability of amending the existing regulation under the Employee Retirement Income Security Act of 1974 (ERISA) that establishes minimum requirements for employee benefit plan claims procedures. The term "claims procedure" refers to the process that employee benefit plans must provide for participants and beneficiaries who seek to obtain pension or welfare plan benefits, including requests for medical treatment or services, consideration of claims, and review of denials of claims by plans. The primary purpose of this notice is to obtain information to assist the Department of Labor (the Department) in evaluating (1) the extent to which the current claims procedure regulation assures that group health plan participants and beneficiaries are provided with effective and timely means to file and resolve claims for health care benefits, and (1) whether and in what way the existing minimum requirements should be amended with respect to group health plans covered by ERISA. The furnished information also will assist the Department in determining whether the regulation should be amended with respect to pension plans covered by ERISA and in developing legislative proposals to address any identified deficiencies relating to the claims procedures that cannot be addressed by amending the current regulation.

  19. 41 CFR 102-37.205 - What agreements must a SASP make?

    Science.gov (United States)

    2010-07-01

    ... event of loss or damage due to negligence or willful misconduct on your part, repair, replace, or pay to... provided for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.). [67 FR 2584, Jan. 18, 2002, as...

  20. 32 CFR 1280.1 - Purpose and scope.

    Science.gov (United States)

    2010-07-01

    ... United States not cognizable under other law (10 U.S.C. 2737). (3) Based on Negligence of Civilian and Military Employees under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671 through 2680. (4) In favor of...

  1. Free medical care and consumer protection.

    Science.gov (United States)

    Agrawal, Aniket Deepak; Banerjee, Arunabha

    2011-01-01

    This paper will examine the question of whether patients, who receive free medical care, whether from private charitable or governmental hospitals, can claim rights as 'consumers' under the Consumer Protection Act, 1986. The issue will be discussed from a constitutional perspective as well as that of the law of torts.

  2. 25 CFR 1000.275 - Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 2 2010-04-01 2010-04-01 false Is it necessary for a self-governance AFA to include any... AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Federal Tort Claims § 1000.275 Is it necessary for a self-governance AFA to include any clauses about FTCA coverage? No, clauses about FTCA coverage...

  3. 32 CFR 516.39 - Duties and procedures.

    Science.gov (United States)

    2010-07-01

    ... other activities regulated under the Rivers and Harbors Act of 1899, 33 U.S.C. 401 et seq. (c) Waters of... all civil litigation involving claims of tort liability for exposure to environmental contamination... discrete incidents of exposure to environmental contamination emanating from any Federal facility owned or...

  4. Paradise lost : Sovereign State Interest, Global Resource Exploitation and the Politics of Human Rights

    NARCIS (Netherlands)

    Augenstein, Daniel

    Taking its cue from the US Supreme Court judgment in Kiobel that restricted the extraterritorial reach of the Alien Tort Claims Act, this article explores how sovereignty structures the relationship between global resource exploitation and the localization of human rights in the international order

  5. 76 FR 16804 - Alaska Native Claims Selection

    Science.gov (United States)

    2011-03-25

    ... DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-8102-05, AA-8102-08, AA-8102-10, AA-8102-25, AA-8102-28, AA-8102- 37, AA-8102-47; LLAK965000-L14100000-KC0000-P] Alaska Native Claims... phone at 907-271-5960, by e-mail at ak[email protected] , or by telecommunication device (TTD...

  6. Rights as entitlements and rights as claims

    Directory of Open Access Journals (Sweden)

    Azevedo, Marco Antônio Oliveira de

    2010-01-01

    Full Text Available Há pelo menos dois registros diferentes sobre o significado de “direitos”. Segundo um deles, os direitos são relações entre dois termos: uma pessoa e um bem; para o outro, os direitos são relações entre três termos: um indivíduo, uma pessoa e uma ação ou algo. Os registros são diferentes, mas não são totalmente incompatíveis. De acordo com a interpretação de direitos como entitlements, trata-se de direitos morais ou legais, ou seja, as relações de ordem moral ou jurídica das pessoas com bens (de benefícios concedidos a pessoas por uma lei humana, moral ou legal. Como uma espécie de direitos, os direitos humanos são vistos como direitos (entitlements das pessoas ou dos indivíduos a bens essenciais, dos quais podem-se inferir reivindicações (claims contra outras pessoas ou contra governos e representantes. Falamos sobre direitos humanos geralmente desta forma. Mas de acordo com o outro registro, os direitos em sentido próprio têm que ser interpretados como claims. Neste artigo, pretendo apresentar alguns argumentos em favor da vantagem de expor todos os enunciados significativos dos direitos como entitlements em termos explícitos de claims

  7. Three-Dimensional (X,Y,Z) Deterministic Analysis of the PCA-Replica Neutron Shielding Benchmark Experiment using the TORT-3.2 Code and Group Cross Section Libraries for LWR Shielding and Pressure Vessel Dosimetry

    OpenAIRE

    Pescarini Massimo; Orsi Roberto; Frisoni Manuela

    2016-01-01

    The PCA-Replica 12/13 (H2O/Fe) neutron shielding benchmark experiment was analysed using the ORNL TORT-3.2 3D SN code. PCA-Replica, specifically conceived to test the accuracy of nuclear data and transport codes employed in LWR shielding and radiation damage calculations, reproduces a PWR ex-core radial geometry with alternate layers of water and steel including a PWR pressure vessel simulator. Three broad-group coupled neutron/photon working cross section libraries in FIDO-ANISN format with ...

  8. 12 CFR 793.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-01-01

    ... authorized agent, or his legal representative. (c) A claim based on death may be presented by the executor or... accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor...

  9. 25 CFR 11.707 - Claims against estate.

    Science.gov (United States)

    2010-04-01

    ... executor or administrator within 60 days from official notice of the appointment of the executor or... appropriate notice for the filing of claims. (b) The executor or administrator shall examine all claims within...

  10. 40 CFR 10.3 - Administrative claims; who may file.

    Science.gov (United States)

    2010-07-01

    ...) A claim based on death may be presented by the executor or administrator of the decedent's estate or... to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or...

  11. 24 CFR 17.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-04-01

    ... representative. (c) A claim based on death may be presented by the executor or administrator of the decedent's... evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator...

  12. 29 CFR 15.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-07-01

    ... representative. (c) A claim for death may be presented by the executor or administrator of the decedent's estate... her authority to present a claim on behalf of the claimant as agent, executor, administrator, parent...

  13. 37 CFR 360.14 - Copies of claims.

    Science.gov (United States)

    2010-07-01

    ... Section 360.14 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Satellite... royalty fees. ...

  14. 32 CFR 536.22 - Claims investigative responsibility-General.

    Science.gov (United States)

    2010-07-01

    ... involving serious injury or death or those in which property damage exceeds $50,000. A command claims... forwarded to the Commander USARCS. (d) Geographic concept of responsibility. A command claims service or an...

  15. Center for Medicare & Medicaid Services (CMS) , Medicare Claims data

    Data.gov (United States)

    U.S. Department of Health & Human Services — 2003 forward. CMS compiles claims data for Medicare and Medicaid patients across a variety of categories and years. This includes Inpatient and Outpatient claims,...

  16. 28 CFR 543.32 - Processing the claim.

    Science.gov (United States)

    2010-07-01

    ..., Central Office for their review. (f) Will appreciation or depreciation be considered? Yes. Staff will consider appreciation or depreciation of lost or damaged property in settling a claim. (g) If my claim is...

  17. 40 CFR 1620.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-07-01

    ...) A claim based on death may be presented by the executor or administrator of the decedent's estate... that the basis for the representation is documented in writing. (d) A claim for loss totally...

  18. Claims-based definition of death in Japanese claims database: validity and implications.

    Science.gov (United States)

    Ooba, Nobuhiro; Setoguchi, Soko; Ando, Takashi; Sato, Tsugumichi; Yamaguchi, Takuhiro; Mochizuki, Mayumi; Kubota, Kiyoshi

    2013-01-01

    For the pending National Claims Database in Japan, researchers will not have access to death information in the enrollment files. We developed and evaluated a claims-based definition of death. We used healthcare claims and enrollment data between January 2005 and August 2009 for 195,193 beneficiaries aged 20 to 74 in 3 private health insurance unions. We developed claims-based definitions of death using discharge or disease status and Charlson comorbidity index (CCI). We calculated sensitivity, specificity and positive predictive values (PPVs) using the enrollment data as a gold standard in the overall population and subgroups divided by demographic and other factors. We also assessed bias and precision in two example studies where an outcome was death. The definition based on the combination of discharge/disease status and CCI provided moderate sensitivity (around 60%) and high specificity (99.99%) and high PPVs (94.8%). In most subgroups, sensitivity of the preferred definition was also around 60% but varied from 28 to 91%. In an example study comparing death rates between two anticancer drug classes, the claims-based definition provided valid and precise hazard ratios (HRs). In another example study comparing two classes of anti-depressants, the HR with the claims-based definition was biased and had lower precision than that with the gold standard definition. The claims-based definitions of death developed in this study had high specificity and PPVs while sensitivity was around 60%. The definitions will be useful in future studies when used with attention to the possible fluctuation of sensitivity in some subpopulations.

  19. Claims-Based Definition of Death in Japanese Claims Database: Validity and Implications

    Science.gov (United States)

    Ooba, Nobuhiro; Setoguchi, Soko; Ando, Takashi; Sato, Tsugumichi; Yamaguchi, Takuhiro; Mochizuki, Mayumi; Kubota, Kiyoshi

    2013-01-01

    Background For the pending National Claims Database in Japan, researchers will not have access to death information in the enrollment files. We developed and evaluated a claims-based definition of death. Methodology/Principal Findings We used healthcare claims and enrollment data between January 2005 and August 2009 for 195,193 beneficiaries aged 20 to 74 in 3 private health insurance unions. We developed claims-based definitions of death using discharge or disease status and Charlson comorbidity index (CCI). We calculated sensitivity, specificity and positive predictive values (PPVs) using the enrollment data as a gold standard in the overall population and subgroups divided by demographic and other factors. We also assessed bias and precision in two example studies where an outcome was death. The definition based on the combination of discharge/disease status and CCI provided moderate sensitivity (around 60%) and high specificity (99.99%) and high PPVs (94.8%). In most subgroups, sensitivity of the preferred definition was also around 60% but varied from 28 to 91%. In an example study comparing death rates between two anticancer drug classes, the claims-based definition provided valid and precise hazard ratios (HRs). In another example study comparing two classes of anti-depressants, the HR with the claims-based definition was biased and had lower precision than that with the gold standard definition. Conclusions/Significance The claims-based definitions of death developed in this study had high specificity and PPVs while sensitivity was around 60%. The definitions will be useful in future studies when used with attention to the possible fluctuation of sensitivity in some subpopulations. PMID:23741526

  20. 78 FR 53645 - Black Lung Benefits Act: Standards for Chest Radiographs

    Science.gov (United States)

    2013-08-30

    ...-AA07 Black Lung Benefits Act: Standards for Chest Radiographs AGENCY: Office of Workers' Compensation... connection with claims filed under the Black Lung Benefits Act. The comment period closed on August 12, 2013..., 2013, OWCP published the direct final rule, Black Lung Benefits Act: Standards for Chest Radiographs...

  1. 76 FR 35050 - Privacy Act of 1974: New System of Records

    Science.gov (United States)

    2011-06-15

    .../Central-15, Health Claims Data Warehouse, to its inventory of records systems subject to the Privacy Act.... The data warehouse will be fully compliant with all applicable provisions of the Privacy Act, Health... fully compliant with all applicable provisions of the Privacy Act, Federal Information Security...

  2. Repeat workers' compensation claims: risk factors, costs and work disability

    Science.gov (United States)

    2011-01-01

    Background The objective of our study was to describe factors associated with repeat workers' compensation claims and to compare the work disability arising in workers with single and multiple compensation claims. Methods All initial injury claims lodged by persons of working age during a five year period (1996 to 2000) and any repeat claims were extracted from workers' compensation administrative data in the state of Victoria, Australia. Groups of workers with single and multiple claims were identified. Descriptive analysis of claims by affliction, bodily location, industry segment, occupation, employer and workplace was undertaken. Survival analysis determined the impact of these variables on the time between the claims. The economic impact and duration of work incapacity associated with initial and repeat claims was compared between groups. Results 37% of persons with an initial claim lodged a second claim. This group contained a significantly greater proportion of males, were younger and more likely to be employed in manual occupations and high-risk industries than those with single claims. 78% of repeat claims were for a second injury. Duration between the claims was shortest when the working conditions had not changed. The initial claims of repeat claimants resulted in significantly (p claims. Conclusions A substantial proportion of injured workers experience a second occupational injury or disease. These workers pose a greater economic burden than those with single claims, and also experience a substantially greater cumulative period of work disability. There is potential to reduce the social, health and economic burden of workplace injury by enacting prevention programs targeted at these workers. PMID:21696637

  3. Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court

    Directory of Open Access Journals (Sweden)

    JM Pienaar

    2011-06-01

    Full Text Available Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the land that was restored since 1994 housed successful enterprises by the end of 2010. Accordingly, sixteen years into the restitution process the statistics are rather disappointing. Restitution of land as a land reform mechanism is a unique temporal process that involves various role players. This contribution focuses on the role that the Land Claims Court has to play within the context of “good governance”. In this regard the legislative and policy frameworks within which restitution and the Land Claims Court operate, are first set out after which the unique characteristics of the restitution programme are highlighted. Although the main function of the Land Claims Court is to grapple with and adjudicate on legal issues, it also has a role to play in effecting good governance. This may be done by its involvement in the legal process leading up to the finalization of claims by issuing directives, acting as a review forum and by removing land from the restitution process under section 34 of the Restitution Act. However, a more pro-active role may be played by the Court by its involvement in deciding the exact form of restitution or restoration in a particular case. In this regard the Court can find that restitution has to be conditional and that certain requirements have to be met in order for the process to be effective and successful. With reference to Baphiring Community v Uys and Others (Case number LCC 64/1998 it is clear that a pro-active approach would require the Court to engage in difficult, often conflicting, issues and to embark on in-depth investigations and analyses where necessary.

  4. Prescription for fairness: a new approach to tort liability of brand-name and generic drug manufacturers.

    Science.gov (United States)

    Rostron, Allen

    2011-02-01

    Over the past two decades, courts have consistently ruled that the manufacturer of a brand-name prescription drug cannot be liable for injuries suffered by those taking generic imitations of its product. This meant that a patient injured by a generic drug could have no remedy at all because in many instances the generic drug manufacturer would escape liability on the ground that it did not produce any information on which the patient's doctor relied. It was a perplexing dilemma. The generic drug manufacturer made the product that the plaintiff received, the brand-name manufacturer produced all of the information the patient's doctor saw, and neither manufacturer could be held liable even if each acted negligently. The California Court of Appeal recently issued a stunning decision in which it concluded that a brand-name drug manufacturer could be liable to a plaintiff who took a generic version of its product. The reaction to the decision has been overwhelmingly negative. Commentators have condemned the decision as one of the worst rulings made by any court in recent years. Judges around the country have dismissed it as a misguided aberration from the otherwise strong judicial consensus on the issue. Although the decision has been the subject of scathing criticism, this Article argues that the California court's ruling actually represents the first time that a court has properly examined this issue. In addition, the Article points out some weaknesses in the California court's reasoning and proposes a novel general framework for analyzing the liability of brand-name and generic drug manufacturers.

  5. The Americans With Disabilities Act Amendments Act of 2008: implications for the forensic psychiatrist.

    Science.gov (United States)

    Scott, Charles L

    2010-01-01

    The Americans With Disabilities Act Amendments Act of 2008 (ADAAA) significantly modifies the 1990 Americans With Disabilities Act. As a result of this legislation, more Americans are likely to qualify as disabled and to be further protected from discrimination under the ADA. The ADAAA also effectively overturns key rulings in the U.S. Supreme Court cases of Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturing v. Williams. This article summarizes important changes resulting from the ADAAA legislation that psychiatrists and psychologists must understand when evaluating ADA disability claims.

  6. 28 CFR 104.31 - Procedure for claims evaluation.

    Science.gov (United States)

    2010-07-01

    ... COMPENSATION FUND OF 2001 Claim Intake, Assistance, and Review Procedures § 104.31 Procedure for claims..., described herein as “Track A” and “Track B,” selected by the claimant on the Personal Injury Compensation Form or Death Compensation Form. (1) Procedure for Track A. The Claims Evaluator shall determine...

  7. Evaluation of Modified Risk Claim Advertising Formats for Camel Snus

    Science.gov (United States)

    Fix, Brian V.; Adkison, Sarah E.; O'Connor, Richard J.; Bansal-Travers, Maansi; Cummings, K. Michael; Rees, Vaughan W.; Hatsukami, Dorothy K.

    2017-01-01

    Objectives: The US Food and Drug Administration (FDA) has regulatory authority for modified risk tobacco product advertising claims. To guide future regulatory efforts, we investigated how variations in modified risk claim advertisements influence consumer perceptions of product risk claims for Camel Snus. Methods: Young people and adults (15-65),…

  8. 33 CFR 211.22 - Real estate Claims Officers.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Real estate Claims Officers. 211..., DEPARTMENT OF DEFENSE REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS Real Estate Claims § 211.22 Real estate Claims Officers. In each Division Office the Division...

  9. 48 CFR 33.208 - Interest on claims.

    Science.gov (United States)

    2010-10-01

    ... otherwise would be due, if that date is later, until the date of payment. (b) Simple interest on claims... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Interest on claims. 33.208... REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.208 Interest on claims. (a) The Government...

  10. 32 CFR 842.6 - Signature on the claim form.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Signature on the claim form. 842.6 Section 842.6... ADMINISTRATIVE CLAIMS General Information § 842.6 Signature on the claim form. The claimant or authorized agent... authorized agent signing for a claimant shows, after the signature, the title or capacity and attaches...

  11. 27 CFR 70.608 - Action on claims.

    Science.gov (United States)

    2010-04-01

    ... Section 70.608 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT... appropriate TTB officer shall date stamp and examine each claim filed under this subpart and will determine the validity of the claim. Claims and supporting data involving customs duties will be forwarded to...

  12. 32 CFR 842.76 - Filing a claim.

    Science.gov (United States)

    2010-07-01

    ... by a demand for money damages in a sum certain. A claim incorrectly presented to the Air Force will... Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE.... A claim has been filed when a federal agency receives from a claimant or the claimant's duly...

  13. 32 CFR 842.24 - Filing a claim.

    Science.gov (United States)

    2010-07-01

    ... properly completed AF Form 180, DD Form 1842 or other written and signed demand for a specified sum of money. (b) Amending a claim. A claimant may amend a claim at any time prior to the expiration of the... Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE...

  14. 32 CFR 842.46 - Who may file a claim.

    Science.gov (United States)

    2010-07-01

    ... authorized agents may file claims for personal injury. (c) Duly appointed guardians of minor children or any other persons legally entitled to do so under applicable local law may file claims for minors' personal... action surviving an individual's death. (e) Insurers with subrogation rights may file claims for losses...

  15. 31 CFR 360.29 - Adjudication of claims.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Adjudication of claims. 360.29 Section 360.29 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL... the ordinary course of business. (b) Claims filed 10 years after payment. Any claim filed 10 years or...

  16. 16 CFR 260.7 - Environmental marketing claims.

    Science.gov (United States)

    2010-01-01

    ... pieces if left uncovered in sunlight.” The claim is supported by competent and reliable scientific... sunlight and into sufficiently small pieces to become part of the soil. The qualified claim is not... time. The claim is not deceptive. Example 4: A plastic six-pack ring carrier is marked with a small...

  17. 27 CFR 70.123 - Claims for credit or refund.

    Science.gov (United States)

    2010-04-01

    ..., documentary evidence to establish the legal authority of the fiduciary need not accompany the claim, provided... necessary documentary evidence should accompany the claim. A claim may be executed by an agent of the person... Office of Management and Budget under control number 1512-0141) (26 U.S.C. 6402) [T.D. ATF-251, 52 FR...

  18. Adjoint acceleration of Monte Carlo simulations using TORT/MCNP coupling approach: A case study on the shielding improvement for the cyclotron room of the Buddhist Tzu Chi General Hospital

    International Nuclear Information System (INIS)

    Sheu, R. J.; Sheu, R. D.; Jiang, S. H.; Kao, C. H.

    2005-01-01

    Full-scale Monte Carlo simulations of the cyclotron room of the Buddhist Tzu Chi General Hospital were carried out to improve the original inadequate maze design. Variance reduction techniques are indispensable in this study to facilitate the simulations for testing a variety of configurations of shielding modification. The TORT/MCNP manual coupling approach based on the Consistent Adjoint Driven Importance Sampling (CADIS) methodology has been used throughout this study. The CADIS utilises the source and transport biasing in a consistent manner. With this method, the computational efficiency was increased significantly by more than two orders of magnitude and the statistical convergence was also improved compared to the unbiased Monte Carlo run. This paper describes the shielding problem encountered, the procedure for coupling the TORT and MCNP codes to accelerate the calculations and the calculation results for the original and improved shielding designs. In order to verify the calculation results and seek additional accelerations, sensitivity studies on the space-dependent and energy-dependent parameters were also conducted. (authors)

  19. The assessment of performance and self-report validity in persons claiming pain-related disability.

    Science.gov (United States)

    Greve, Kevin W; Bianchini, Kevin J; Brewer, Steve T

    2013-01-01

    One third of all people will experience spinal pain in their lifetime and half of these will experience chronic pain. Pain often occurs in the context of a legally compensable event with back pain being the most common reason for filing a Workers Compensation claim in the United States. When financial incentives to appear disabled exist, malingered pain-related disability is a potential problem. Malingering may take the form of exaggerated physical, emotional, or cognitive symptoms and/or under-performance on measures of cognitive and physical capacity. Essential to the accurate detection of Malingered Pain-related Disability is the understanding that malingering is an act of will, the goal of which is to increase the appearance of disability beyond that which would naturally arise from the injury in question. This paper will review a number of Symptom Validity Tests (SVTs) that have been developed to detect malingering in patients claiming pain-related disability and will conclude with a review of studies showing the diagnostic benefit of combining SVT findings from a comprehensive malingering assessment. The utilization of a variety of tools sensitive to the multiple manifestations of malingering increases the odds of detecting invalid claims while reducing the risk of rejecting a valid claim.

  20. Food claims and nutrition facts of commercial infant foods.

    Science.gov (United States)

    Koo, Yu-Chin; Chang, Jung-Su; Chen, Yi Chun

    2018-01-01

    Composition claim, nutrition claim and health claim are often found on the commercial complementary food packaging. The introduction of complementary foods (CFs) to infants is a turning point in the development of their eating behavior, and their commercial use for Taiwanese infants is growing. In Taiwan, lots of the advertisements for CFs employed health or nutrition claims to promote the products, but the actual nutritional content of these CFs is not clear. The aim of this study was to compare the food claims of commercial complementary food products with their actual nutrition facts. A sample of 363 commercial CFs was collected from websites, local supermarkets, and other food stores, and their nutrition-related claims were classified into composition, nutrition, and health categories. Although the World Health Organization recommends that infants should be exclusively breastfed for the first 6 months, 48.2% of the commercial CFs were targeted at infants younger than 6 months. Therefore, marketing regulations should be implemented to curb early weaning as a result of products targeted at infants younger than 6 months. More than 50% of Taiwanese commercial CFs have high sugar content and more than 20% were high in sodium. Products with health claims, such as "provides good nutrition to children" or "improves appetite," have higher sodium or sugar content than do those without such claims. Moreover, products with calcium or iron content claims did not contain more calcium or iron than products without such claims. Additionally, a significantly greater proportion of the products with "no added sugar" claims were classified as having high sugar content as compared to those without such claims. Parents cannot choose the healthiest food products for their children by simply focusing on food claims. Government should regulate the labeling of nutrition facts and food claims for foods targeted at infants younger than 12 months.

  1. Global Warming: Claims, Science, and Consequences

    Science.gov (United States)

    Gould, Laurence I.

    2007-04-01

    Widespread (and seemingly dominant) claims about the dire consequences of anthropogenic global warming (AGW) have been propagated by both scientists and politicians and have been prominently featured by much of the mass media. This talk will examine some of those claims --- such as those made in the popular pro-AGW film, An Inconvenient Truth^1 --- from the perspectives of science^2 and scientific methodology^3. Some of the issues considered will be: What are the major ``greenhouse gases''? To what extent is global warming a result of human influences through an increase of ``greenhouse gases''? Is an increase in (1) global temperature and (2) carbon dioxide bad/good? What are some meanings that can be given to the term ``consensus'' in science? What are the estimated financial and other costs of governments implementing the Kyoto accords? Links to readings and videos will be given at the conclusion of the talk. ^1Gore, Al, An Inconvenient Truth: The Planetary Emergency of Global Warming and What We Can Do About It -- (Rodale Press, May, 2006). ^2Marlo Lewis, ``A Skeptic's Guide to An Inconvenient Truth'' http://www.cei.org/pages/aitresponse-book.cfm ^3Aaron Wildavsky, But Is It True? A Citizen's Guide to Environmental Health and Safety Issues (Harvard University Press, 1995), Intro. and Chap. 11. To cite this abstract, use the following reference: http://meetings.aps.org/link/BAPS.2007.NES07.C1.6

  2. Updates on nutrition and health claims

    Directory of Open Access Journals (Sweden)

    Alejandro Perales-Albert

    2013-12-01

    Full Text Available There is concern about the influence of social determinants related to advertising, communication and information on the selection of food for healthy eating and safe. From this point of view, Spain created the European Regulation 1924/2006 (ER1924/2006, its aim is to ensure and promote access to safe food that benefit health and prevent information received by consumers is inaccurate, ambiguous or misleading. The aims of regulation are to prevent nutritional and attributed health claims to food without reason or if there is sufficient scientific evidence. In this sense, a group of professionals from the University of Alicante in December 2012 performed the First Day of Food and Nutrition, organized by the Center Alinua of the Faculty of Health Sciences, University of Alicante, related to updates on nutrition and health claims and its implications public health.By the interest and importance of this topic, this is a summary of the position papers from agents involved: consumers, government, food business, the gremial’s dietitian, the Academy and public health.

  3. Attitudes toward the dubious compensation claim.

    Science.gov (United States)

    LEGGO, C

    1951-07-01

    Laws providing for compensation of workmen for occupational injury are a powerful socio-economic force. In settlement of compensation claims the goal, difficult to achieve, is fairness to employee, employer and insurance carrier. Often, medical, legal, economic and social considerations conflict with one another. A "fact" in one field may not be considered so in another. Since medical data and testimony often guide the ultimate decision of a compensation claim, the physician's attitude is a large factor not only immediately and directly in determination of the case at hand but, perhaps more important, in the ultimate direction of the socio-economic forces which spring from the sum of all such determinations. To perpetuate the good in workmen's compensation laws, the next generation of physicians-and of lawyers and business administrators as well, for they, too, are involved-ought to have basic training in the social sciences in order that they may have a broad rather than a segmental view of the problems with which they deal.

  4. 48 CFR 1652.204-72 - Filing health benefit claims/court review of disputed claims.

    Science.gov (United States)

    2010-10-01

    ... beyond his or her control from making the request within the time limit. (2) The Carrier has 30 days... information is required to make a decision on the claim; (iii) Specify the time limit (60 days after the date... that time and give a written notice of its decision to the covered individual and to the Carrier. (f...

  5. Impact of corporate social responsibility claims on consumer food choice

    DEFF Research Database (Denmark)

    Mueller Loose, Simone; Remaud, Hervé

    2013-01-01

    Purpose - The study assesses the impact of two different corporate social responsibility (CSR) claims, relating to social and environmental dimensions, on consumers’ wine choice across international markets. It is analysed how point of purchase CSR claims compete with other food claims and their ......Purpose - The study assesses the impact of two different corporate social responsibility (CSR) claims, relating to social and environmental dimensions, on consumers’ wine choice across international markets. It is analysed how point of purchase CSR claims compete with other food claims...... Eastcoast, the US Midwest, Anglophone and Francophone Canada. Findings - CSR claims relating to social and environmental responsibility have a similar awareness, penetration and consumer trust, but differ in their impact on consumer choice, where environmental corporate responsibility claims benefit from...... a higher marginal willingness to pay. Consumer valuation of CSR claims significantly differs across international markets, but is consistently lower than for organic claims. Research limitations/implications - The study was limited to wine and future research is required to generalise findings to other...

  6. Degrees of Truthfulness in Accepted Scientific Claims.

    Directory of Open Access Journals (Sweden)

    Ahmed Hassan Mabrouk

    2008-12-01

    Full Text Available Normal 0 false false false EN-MY X-NONE AR-SA MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} Abstract: Sciences adopt different methodologies in deriving claims and establishing theories. As a result, two accepted claims or theories belonging to two different sciences may not necessarily carry the same degree of truthfulness. Examining the different methodologies of deriving claims in the sciences of ʿaqīdah (Islamic Creed, fiqh (Islamic Jurisprudence and physics, the study shows that ʿaqīdah provides a holistic understanding of the universe. Physics falls short of interpreting physical phenomena unless these phenomena are looked at through the ʿaqīdah holistic view. Left to itself, error may creep into laws of physics due to the methodology of conducting the physical experiments, misinterpreting the experimental results, or accepting invalid assumptions. As for fiqh, it is found that apart from apparent errors, fiqh views cannot be falsified. It is, therefore, useful to consider ʿaqīdah as a master science which would permit all other sciences to live in harmony.

  7. European consumers and health claims: attitudes, understanding and purchasing behaviour.

    Science.gov (United States)

    Wills, Josephine M; Storcksdieck genannt Bonsmann, Stefan; Kolka, Magdalena; Grunert, Klaus G

    2012-05-01

    Health claims on food products are often used as a means to highlight scientifically proven health benefits associated with consuming those foods. But do consumers understand and trust health claims? This paper provides an overview of recent research on consumers and health claims including attitudes, understanding and purchasing behaviour. A majority of studies investigated selective product-claim combinations, with ambiguous findings apart from consumers' self-reported generic interest in health claims. There are clear indications that consumer responses differ substantially according to the nature of carrier product, the type of health claim, functional ingredient used or a combination of these components. Health claims tend to be perceived more positively when linked to a product with an overall positive health image, whereas some studies demonstrate higher perceived credibility of products with general health claims (e.g. omega-3 and brain development) compared to disease risk reduction claims (e.g. bioactive peptides to reduce risk of heart disease), others report the opposite. Inconsistent evidence also exists on the correlation between having a positive attitude towards products with health claims and purchase intentions. Familiarity with the functional ingredient and/or its claimed health effect seems to result in a more favourable evaluation. Better nutritional knowledge, however, does not automatically lead to a positive attitude towards products carrying health messages. Legislation in the European Union requires that the claim is understood by the average consumer. As most studies on consumers' understanding of health claims are based on subjective understanding, this remains an area for more investigation.

  8. Proof of payment for all reimbursement claims

    CERN Multimedia

    HR Department

    2006-01-01

    Members of the personnel are kindly requested to note that only documents proving that a payment has been made are accepted as proof of payment for any claims for reimbursement, including specifically the reimbursement of education fees. In particular, the following will be accepted as proof of payment: bank or post office bank statements indicating the name of the institution to which the payment was made; photocopies of cheques made out to the institution to which the payments were made together with bank statements showing the numbers of the relevant cheques; proof of payment in the form of discharged payment slips; invoices with acknowledgement of settlement, receipts, bank statements detailing operations crediting another account or similar documents. As a result, the following documents in particular will no longer be accepted as proof of payment: photocopies of cheques that are not submitted together with bank or post office bank statements showing the numbers of the relevant cheques; details of ...

  9. Prebiotics, Fermentable Dietary Fiber, and Health Claims.

    Science.gov (United States)

    Delcour, Jan A; Aman, Per; Courtin, Christophe M; Hamaker, Bruce R; Verbeke, Kristin

    2016-01-01

    Since the 1970s, the positive effects of dietary fiber on health have increasingly been recognized. The collective term "dietary fiber" groups structures that have different physiologic effects. Since 1995, some dietary fibers have been denoted as prebiotics, implying a beneficial physiologic effect related to increasing numbers or activity of the gastrointestinal microbiota. Given the complex composition of the microbiota, the demonstration of such beneficial effects is difficult. In contrast, an exploration of the metabolites of dietary fiber formed as a result of its fermentation in the colon offers better perspectives for providing mechanistic links between fiber intake and health benefits. Positive outcomes of such studies hold the promise that claims describing specific health benefits can be granted. This would help bridge the "fiber gap"-that is, the considerable difference between recommended and actual fiber intakes by the average consumer. © 2016 American Society for Nutrition.

  10. Are Claims of Global Warming Being Suppressed?

    Science.gov (United States)

    Crowley, Thomas J.

    2006-02-01

    Over the last few years, I have heard many rumors that climate science relevant to the global warming discussion is being suppressed by the Bush Administration. One cannot do much about third-hand information. However, on 29 January, the New York Times published a front page article on NASA efforts to suppress statements about global warming by James Hansen, director of the NASA Goddard Institute for Space Studies. A claim by one government scientist, though, no matter how distinguished, still requires examples from other scientists before a general conclusion can be drawn about the overall scope of the problem. But if the charges are more widespread, then some government scientists might be reluctant to make such claims, because they might feel that their positions were jeopardized. Therefore, an alternate way may be needed to determine the scope of the issue, while still safeguarding government workers from possible retaliation. -On 30 January, Rep. Sherwood Boehlert (R-N.Y.), chairman of the U.S. House of Representatives Committee on Science, wrote a letter to NASA Administrator Michael Griffin addressing many of the concerns Crowley has raised. Boehlert wrote,``It ought to go without saying that government scientists must be free to describe their scientific conclusions and the implications of those conclusions to their fellow scientists, policymakers and the general public.'' He continued,``Good science cannot long persist in an atmosphere of intimidation. Political figures ought to be reviewing their public statements to make sure they are consistent with the best available science; scientists should not be reviewing their statements to make sure they are consistent with the current political orthodoxy.'' I commend Rep. Boehlert for his quick and clear statement of the importance of unfettered communication of science. -FRED SPILHAUS, Editor

  11. Perceived relevance and foods with health-related claims

    DEFF Research Database (Denmark)

    Dean, M.; Lampila, P.; Shepherd, R.

    2012-01-01

    consumers’ responses to health claims that either promise to reduce a targeted disease risk or improve well-being in comparison to other types of health-related messages, and how attitudes towards nutritionally healthy eating, functional food and previous experience relating to products with health claims...... affect the consumers’ perceptions of nutrition and health claims. The data (N = 2385) were collected by paper and pencil surveys in Finland, the UK, Germany and Italy on a target group of consumers over 35 year old, solely or jointly responsible for the family’s food shopping. The results showed...... risk reduction with detailed information about function and health outcome. Previous experience with products with health claims and interest in nutritionally healthy eating promoted the utility of all claims, regardless of whether they were health or nutrition claims. However, to be influenced...

  12. General scientific guidance for stakeholders on health claim applications

    DEFF Research Database (Denmark)

    Sjödin, Anders Mikael

    2016-01-01

    of Article 13.1 claims except for claims put on hold by the European Commission, and has evaluated additional health claim applications submitted pursuant to Articles 13.5, 14 and also 19. In addition, comments received from stakeholders indicate that general issues that are common to all health claims need...... based on the experience gained to date with the evaluation of health claims, and it may be further updated, as appropriate, when additional issues are addressed.......The European Food Safety Authority (EFSA) asked the Panel on Dietetic Products Nutrition and Allergies (NDA) to update the General guidance for stakeholders on the evaluation of Article 13.1, 13.5 and 14 health claims published in March 2011. Since then, the NDA Panel has completed the evaluation...

  13. 29 CFR 15.4 - Administrative claim; where to file.

    Science.gov (United States)

    2010-07-01

    ... accompanied by a claim for money damages in a sum certain for injury to or loss of property or personal injury... hereunder to the Council for Claims and Compensation, Office of the Solicitor of Labor, U.S. Department of... 29 Labor 1 2010-07-01 2010-07-01 true Administrative claim; where to file. 15.4 Section 15.4 Labor...

  14. 75 FR 82146 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-12-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2011, and ending on June 30, 2011, the prompt payment interest rate is 2\\5/8\\ per... calculation of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary...

  15. 77 FR 38888 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2012-06-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2012, and ending on December 31, 2012, the prompt payment interest rate is 1\\3/4\\ per... interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of the...

  16. 75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-06-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2010, and ending on December 31, 2010, the prompt payment interest rate is 3\\1/8\\ per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  17. 76 FR 38742 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-07-01

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2011, and ending on December 31, 2011, the prompt payment interest rate is 2\\1/2\\ per.... 3902(a), provide for the calculation of interest due on claims at the rate established by the Secretary...

  18. 76 FR 82350 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-12-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2012, and ending on June 30, 2012, the prompt payment interest rate is 2 per centum per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  19. Consumers’ willingness to pay for sustainable wine claims

    DEFF Research Database (Denmark)

    Mueller, Simone; Remaud, Hervé; Chabin, Yann

    attributes (price, brand, region of origin and appellation system, grape variety, alcohol level, medal, sensory style, bottling, and sustainable claim), considering the majority of attributes, which are known to be important to consumers and preventing an overestimation of the effect of sustainable claims......-choice reference alternative. Findings: Of all sustainable claims, organic had the highest impact on consumer choice, followed by a privately used claim ‘protect the planet’. Carbon zero wines were only significantly positively valued in the UK, where consumers were made aware of its meaning through national...

  20. Joint Asymptotic Distributions of Smallest and Largest Insurance Claims

    Directory of Open Access Journals (Sweden)

    Hansjörg Albrecher

    2014-07-01

    Full Text Available Assume that claims in a portfolio of insurance contracts are described by independent and identically distributed random variables with regularly varying tails and occur according to a near mixed Poisson process. We provide a collection of results pertaining to the joint asymptotic Laplace transforms of the normalised sums of the smallest and largest claims, when the length of the considered time interval tends to infinity. The results crucially depend on the value of the tail index of the claim distribution, as well as on the number of largest claims under consideration.

  1. Are the claims made in orthopaedic print advertisements valid?

    Science.gov (United States)

    Davidson, Donald J; Rankin, Kenneth S; Jensen, Cyrus D; Moverley, Robert; Reed, Mike R; Sprowson, Andrew P

    2014-05-01

    Advertisements are commonplace in orthopaedic journals and may influence the readership with claims of clinical and scientific fact. Since the last assessment of the claims made in orthopaedic print advertisements ten years ago, there have been legislative changes and media scrutiny which have shaped this practice. The purpose of this study is to re-evaluate these claims. Fifty claims from 50 advertisements were chosen randomly from six highly respected peer-reviewed orthopaedic journals (published July-December 2011). The evidence supporting each claim was assessed and validated by three orthopaedic surgeons. The assessors, blinded to product and company, rated the evidence and answered the following questions: Does the evidence as presented support the claim made in the advertisement and what is the quality of that evidence? Is the claim supported by enough evidence to influence your own clinical practice? Twenty-eight claims cited evidence from published literature, four from public presentations, 11 from manufacturer "data held on file" and seven had no supporting evidence. Only 12 claims were considered to have high-quality evidence and only 11 were considered well supported. A strong correlation was seen between the quality of evidence and strength of support (Spearman r = 0.945, p advertisements. High-quality evidence is required by orthopaedic surgeons to influence clinical practice and this evidence should be sought by manufacturers wishing to market a successful product.

  2. FEMA Hazard Mitigation Assistance Repetitive Flood Claims (RFC) Data

    Data.gov (United States)

    Department of Homeland Security — This dataset contains closed and obligated projects funded under the following Hazard Mitigation Assistance (HMA) grant programs: Repetitive Flood Claims (RFC). The...

  3. Torts on hazardous wastes management

    OpenAIRE

    Castro Buitrago, Erika Joullieth; Aguilar Maya, Luis Guillermo

    2007-01-01

    El artículo expone los resultados de investigación sobre el régimen de responsabilidad civil extracontractual aplicable a la gestión de residuos peligrosos en Colombia. El análisis parte de la definición y características de peligrosidad de los residuos y/o desechos, la reglamentación, la doctrina nacional y jurisprudencia de acciones populares en la materia.  The present article explains the results of an investigation about the extracontractual civil liability applied to the management o...

  4. Tort law under oligopolistic competition

    OpenAIRE

    Mondello, Gérard; Salies, Evens

    2016-01-01

    This article extends the unilateral accident standard model to allow for Cournot competition. Assuming risk-neutrality for the regulator and injurers, it analyzes three liability regimes: strict liability, negligence rule, and strict liability with administrative authorization or permits systems. Under competition the equivalence between negligence rule and strict liability no longer holds, and negligence insures a better level of social care. However, enforcing both a permit system and ...

  5. Artificial intelligence applied in claims management: Bet on the right customer with claims satisfaction predictive modeling

    OpenAIRE

    Lamarsaude, Benoit

    2017-01-01

    Insurance companies suffer from loss of customer consecutively to claims. Only a small portion of dissatisfied customer expresses themselves, creating difficulties in establishing a long term relationship. Increase customer loyalty is a major subject for insurers, because they have to maintain a minimum portfolio size and acquiring newclients is more expensive than retains the existing. In this work we use artificial intelligence techniques to assess and manage the customer satisfaction when ...

  6. Linking individual medicare health claims data with work-life claims and other administrative data.

    Science.gov (United States)

    Mokyr Horner, Elizabeth; Cullen, Mark R

    2015-09-30

    Researchers investigating health outcomes for populations over age 65 can utilize Medicare claims data, but these data include no direct information about individuals' health prior to age 65 and are not typically linkable to files containing data on exposures and behaviors during their worklives. The current paper is a proof-of-concept, of merging employers' administrative data and private, employment-based health claims with Medicare data. Characteristics of the linked data, including sensitivity and specificity, are evaluated with an eye toward potential uses of such linked data. This paper uses a sample of former manufacturing workers from an industrial cohort as a test case. The dataset created by this integration could be useful to research in areas such as social epidemiology and occupational health. Medicare and employment administrative data were linked for a large cohort of manufacturing workers (employed at some point during 1996-2008) who transitioned onto Medicare between 2001-2009. Data on work-life health, including biometric indicators, were used to predict health at age 65 and to investigate the concordance of employment-based insurance claims with subsequent Medicare insurance claims. Chronic diseases were found to have relatively high levels of concordance between employment-based private insurance and subsequent Medicare insurance. Information about patient health prior to receipt of Medicare, including biometric indicators, were found to predict health at age 65. Combining these data allows for evaluation of continuous health trajectories, as well as modeling later-life health as a function of work-life behaviors and exposures. It also provides a potential endpoint for occupational health research. This is the first harmonization of its kind, providing a proof-of-concept. The dataset created by this integration could be useful for research in areas such as social epidemiology and occupational health.

  7. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    OpenAIRE

    Boom, Willem

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one hand, and malicious protraction, procrastination and rejection of valid claims, on the other hand. Therefore, it is interesting to find that European legal systems diverge considerably in their stance...

  8. 7 CFR 1956.147 - Debt settlement under the Federal Claims Collection Act.

    Science.gov (United States)

    2010-01-01

    ... prospects. (E) Why acceptance of the debt settlement offer is in the best interest of the Government. (4) If... will be submitted to the National Office on Form FmHA or its successor agency under Public Law 103-354... FmHA or its successor agency under Public Law 103-354 1956-1 will be distributed in accordance with...

  9. 76 FR 67385 - Claims Procedures Under the Oil Pollution Act of 1990

    Science.gov (United States)

    2011-11-01

    ... do not have Microsoft Office on your computer, libreoffice.org , openoffice.org and other groups offer free office suites that you may wish to download to your computer. Many of these suites run on...

  10. 32 CFR 536.148 - Claims generated by the acts or omissions of NAFI employees.

    Science.gov (United States)

    2010-07-01

    ...) Customer complaints. AAFES-generated complaints will be handled in accordance with Exchange Service Manual... generated by appropriated funds laundry and dry-cleaning operations will be handled in accordance with AR...

  11. 75 FR 49595 - Performance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act...

    Science.gov (United States)

    2010-08-13

    ... through the leave buy back process. Overpayments Since the last time the regulations were updated, most....809 has been revised to clarify that the fee schedule regarding medicinal drugs applies whether the drugs are dispensed by a pharmacy or by a doctor in his office. This section has also been modified by...

  12. 28 CFR 79.3 - Compensable claim categories under the Act.

    Science.gov (United States)

    2010-07-01

    ... the atmospheric detonation of nuclear devices at the Nevada Test Site due to their physical presence... persons exposed to fallout from the atmospheric detonation of nuclear devices due to their participation onsite in a test involving the atmospheric detonation of a nuclear device, the amount of compensation is...

  13. 77 FR 13137 - Draft Policy on Consultation with Alaska Native Claims Settlement Act Corporations

    Science.gov (United States)

    2012-03-05

    ... availability and request for comments. SUMMARY: The Department of the Interior is requesting comments on its... limited to: 1. ANCSA Corporation land, water areas and resources; 2. The ability of an ANCSA Corporation... the Department's discretion to engage in consultation. ANCSA Corporation--Any Alaska Native village...

  14. The plaintiff's two-sided mouth: defeating ADA claims based on inconsistent positions taken by the plaintiff on other claims.

    Science.gov (United States)

    Connell, D S

    1996-01-01

    In the typical ADA claim, the plaintiff will claim that he or she has a disability but is nevertheless able to perform the essential functions of his or her job. This position is often in direct conflict with other non-ADA claims that the plaintiff has made or is making, where the plaintiff is claiming total disability and/or that he or she is unable to work. This article examines these phenomena, reviews the numerous recent cases that have found for employers based on these inconsistent positions of the plaintiff, and explains how employers can be develop and present this defense.

  15. Nature of Medical Malpractice Claims Against Radiation Oncologists

    Energy Technology Data Exchange (ETDEWEB)

    Marshall, Deborah; Tringale, Kathryn [Department of Radiation Medicine and Applied Sciences, University of California San Diego, La Jolla, California (United States); Connor, Michael [Department of Radiation Medicine and Applied Sciences, University of California San Diego, La Jolla, California (United States); University of California Irvine School of Medicine, Irvine, California (United States); Punglia, Rinaa [Department of Radiation Oncology, Brigham and Women' s Hospital, Harvard Medical School, Boston, Massachusetts (United States); Recht, Abram [Department of Radiation Oncology, Beth Israel Deaconess Medical Center, Harvard Medical School, Boston, Massachusetts (United States); Hattangadi-Gluth, Jona, E-mail: jhattangadi@ucsd.edu [Department of Radiation Medicine and Applied Sciences, University of California San Diego, La Jolla, California (United States)

    2017-05-01

    Purpose: To examine characteristics of medical malpractice claims involving radiation oncologists closed during a 10-year period. Methods and Materials: Malpractice claims filed against radiation oncologists from 2003 to 2012 collected by a nationwide liability insurance trade association were analyzed. Outcomes included the nature of claims and indemnity payments, including associated presenting diagnoses, procedures, alleged medical errors, and injury severity. We compared the likelihood of a claim resulting in payment in relation to injury severity categories (death as referent) using binomial logistic regression. Results: There were 362 closed claims involving radiation oncology, 102 (28%) of which were paid, resulting in $38 million in indemnity payments. The most common alleged errors included “improper performance” (38% of closed claims, 18% were paid; 29% [$11 million] of total indemnity), “errors in diagnosis” (25% of closed claims, 46% were paid; 44% [$17 million] of total indemnity), and “no medical misadventure” (14% of closed claims, 8% were paid; less than 1% [$148,000] of total indemnity). Another physician was named in 32% of claims, and consent issues/breach of contract were cited in 18%. Claims for injury resulting in death represented 39% of closed claims and 25% of total indemnity. “Improper performance” was the primary alleged error associated with injury resulting in death. Compared with claims involving death, major temporary injury (odds ratio [OR] 2.8, 95% confidence interval [CI] 1.29-5.85, P=.009), significant permanent injury (OR 3.1, 95% CI 1.48-6.46, P=.003), and major permanent injury (OR 5.5, 95% CI 1.89-16.15, P=.002) had a higher likelihood of a claim resulting in indemnity payment. Conclusions: Improper performance was the most common alleged malpractice error. Claims involving significant or major injury were more likely to be paid than those involving death. Insights into the nature of liability claims against

  16. Chiropractic claims in the English-speaking world.

    Science.gov (United States)

    Ernst, Edzard; Gilbey, Andrew

    2010-04-09

    Some chiropractors and their associations claim that chiropractic is effective for conditions that lack sound supporting evidence or scientific rationale. This study therefore sought to determine the frequency of World Wide Web claims of chiropractors and their associations to treat, asthma, headache/migraine, infant colic, colic, ear infection/earache/otitis media, neck pain, whiplash (not supported by sound evidence), and lower back pain (supported by some evidence). A review of 200 chiropractor websites and 9 chiropractic associations' World Wide Web claims in Australia, Canada, New Zealand, the United Kingdom, and the United States was conducted between 1 October 2008 and 26 November 2008. The outcome measure was claims (either direct or indirect) regarding the eight reviewed conditions, made in the context of chiropractic treatment. We found evidence that 190 (95%) chiropractor websites made unsubstantiated claims regarding at least one of the conditions. When colic and infant colic data were collapsed into one heading, there was evidence that 76 (38%) chiropractor websites made unsubstantiated claims about all the conditions not supported by sound evidence. Fifty-six (28%) websites and 4 of the 9 (44%) associations made claims about lower back pain, whereas 179 (90%) websites and all 9 associations made unsubstantiated claims about headache/migraine. Unsubstantiated claims were made about asthma, ear infection/earache/otitis media, neck pain, The majority of chiropractors and their associations in the English-speaking world seem to make therapeutic claims that are not supported by sound evidence, whilst only 28% of chiropractor websites promote lower back pain, which is supported by some evidence. We suggest the ubiquity of the unsubstantiated claims constitutes an ethical and public health issue.

  17. Atomic Energy Commission Act, 2000 (Act 588)

    International Nuclear Information System (INIS)

    2000-01-01

    Act 588 of the Republic of Ghana entitled, Atomic Energy Commission Act, 2000, amends and consolidates the Atomic Energy Commission Act, 204 of 1963 relating to the establishment of the Atomic Energy Commission. Act 588 makes provision for the Ghana Atomic Energy Commission to establish more institutes for the purpose of research in furtherance of its functions and also promote the commercialization of its research and development results. (E.A.A.)

  18. A Comparative Analysis of Outstanding Claim Reserves

    Directory of Open Access Journals (Sweden)

    Zlata Djuric

    2017-12-01

    Full Text Available The key processes in the business of insurance companies which define the financial viability of their business activities, as the most important element, are the adequate amount of technical reserves. A qualitative assessment of the technical reserves level is the basic support to the management of the key business processes and proper strategic and financial decision-making in order to maximize the viability, profitability, competitiveness, and further development of the company. Based on the data on the operations of an insurance company, within a single line of insurance, different, in practice, most frequently used methods were applied in order to determine the deviation amplitude of the projected amounts from the actual claims. Another direction of research focuses on actuarial practice in non-life insurance companies operating in the territory of the Republic of Serbia. The comparative analysis of the obtained projection points to the fact that the chosen methods, commonly used in actuarial practice in the Republic of Serbia, should be monitored and reviewed. The results of the multidirectional research and detection of the existing problems provide a useful framework and a stimulating mechanism, as well as the guidelines to improve the operations and better positioning of insurance in the commercial and economic environment of the Republic of Serbia.

  19. Petroleum taxation under uncertainty - contingent claims

    International Nuclear Information System (INIS)

    Lund, D.

    1990-01-01

    A workable method for the analysis of incentive effects of petroleum taxes under uncertainty is presented. The main advantage of the method is that it concludes with a single number for the after-tax value of any development plan, and thus allows for a quantification of incentive effects for any given description of production possibilities. It is, however, not possible to describe tax effects under uncertainty by simple magnitudes independent of production possibilities, such as wedges in rates of return. The theoretical basis is the contingent claims analysis from finance theory, which is applicable in particular to companies that are owned by well-diversified shareholders. It is not obvious that the tax authorities of poorly diversified countries should value uncertain income streams by the same method. The Norwegian petroleum taxation is shown to have strongly distortionary effects compared to a no-tax situation or a cash flow tax. These distortions were reduced by the tax changes that followed the 1986 decreases in crude oil prices. A weakness of the model of the Norwegian system is that an exactly optimal financial policy for the company has not been found. 30 refs., 2 figs., 3 tabs

  20. Forensic bitemark identification: weak foundations, exaggerated claims

    Science.gov (United States)

    Saks, Michael J.; Albright, Thomas; Bohan, Thomas L.; Bierer, Barbara E.; Bowers, C. Michael; Bush, Mary A.; Bush, Peter J.; Casadevall, Arturo; Cole, Simon A.; Denton, M. Bonner; Diamond, Shari Seidman; Dioso-Villa, Rachel; Epstein, Jules; Faigman, David; Faigman, Lisa; Fienberg, Stephen E.; Garrett, Brandon L.; Giannelli, Paul C.; Greely, Henry T.; Imwinkelried, Edward; Jamieson, Allan; Kafadar, Karen; Kassirer, Jerome P.; Koehler, Jonathan ‘Jay’; Korn, David; Mnookin, Jennifer; Morrison, Alan B.; Murphy, Erin; Peerwani, Nizam; Peterson, Joseph L.; Risinger, D. Michael; Sensabaugh, George F.; Spiegelman, Clifford; Stern, Hal; Thompson, William C.; Wayman, James L.; Zabell, Sandy; Zumwalt, Ross E.

    2016-01-01

    Abstract Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification—highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications—highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence. PMID:28852538

  1. 48 CFR 1852.228-76 - Cross-waiver of liability for space station activities.

    Science.gov (United States)

    2010-10-01

    ... legal basis for such claims, including but not limited to delict (a term used in civil law countries to denote a class of cases similar to tort) and tort (including negligence of every degree and kind) and...

  2. Consumer attitudes and understanding of cholesterol-lowering claims on food: randomize mock-package experiments with plant sterol and oat fibre claims.

    Science.gov (United States)

    Wong, C L; Mendoza, J; Henson, S J; Qi, Y; Lou, W; L'Abbé, M R

    2014-08-01

    Few studies have examined consumer acceptability or comprehension of cholesterol-lowering claims on food labels. Our objective was to assess consumer attitudes and understanding of cholesterol-lowering claims regarding plant sterols (PS) and oat fibre (OF). We conducted two studies on: (1) PS claims and (2) OF claims. Both studies involved a randomized mock-packaged experiment within an online survey administered to Canadian consumers. In the PS study (n=721), we tested three PS-related claims (disease risk reduction claim, function claim and nutrient content claim) and a 'tastes great' claim (control) on identical margarine containers. Similarly, in the OF study (n=710), we tested three claims related to OF and a 'taste great' claim on identical cereal boxes. In both studies, participants answered the same set of questions on attitudes and understanding of claims after seeing each mock package. All claims that mentioned either PS or OF resulted in more positive attitudes than the taste control claim (Pprofile. How consumers responded to the nutrition claims between the two studies was influenced by contextual factors such as familiarity with the functional food/component and the food product that carried the claim. Permitted nutrition claims are approved based on physiological evidence and are allowed on any food product as long as it meets the associated nutrient criteria. However, it is difficult to generalize attitudes and understanding of claims when they are so highly dependent on contextual factors.

  3. 38 CFR 36.4324 - Guaranty claims; subsequent accounting.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Guaranty claims; subsequent accounting. 36.4324 Section 36.4324 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS... § 36.4324 Guaranty claims; subsequent accounting. (a) Subject to the limitation that the total amounts...

  4. 40 CFR 307.20 - Who may present claims.

    Science.gov (United States)

    2010-07-01

    ... agent, executor, administrator, or other legal representative. A claim presented by an entity or an authorized agent, executor, administrator, or other legal representative must be presented in the name of the claimant. The claim must be signed by the authorized agent, executor, administrator, or other legal...

  5. 78 FR 18365 - Commencement of Iraq Claims Adjudication Program

    Science.gov (United States)

    2013-03-26

    ..., are defined as: claims of U.S. nationals for compensation for serious personal injuries knowingly... Agreement for claims of hostage-taking \\2\\ provided that (1) the claimant has already received compensation... warranting additional compensation. For purposes of this referral, ``serious personal injury'' may include...

  6. 32 CFR 842.65 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Claims not payable. 842.65 Section 842.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... costs. (d) Accrues from a private contractual relationship between US personnel and third parties about...

  7. The Space Between: Land Claims and the Law in Indonesia

    NARCIS (Netherlands)

    Bakker, L.G.H.; Moniaga, S.

    2010-01-01

    In this article we look at rights discourses and law as an arena of struggle in which local people attempt to gain and secure access to localities of value Following administrative decentralisation in 1999, throughout Indonesia, individuals and communities lodged land claims To support these claims,

  8. Altering health-pleasure trade-off via advertising claims

    NARCIS (Netherlands)

    Bialkova, Svetlana; Bialkova, S.E.; Sasse, L.; Fenko, Anna; Verlegh, P.; Voorveld, H.; de Pelsmacker, P.

    2014-01-01

    The study investigated whether and how advertising claims (taste vs. health benefit) influenced consumer taste perception and buying intentions of potato chips. Participants (N=154) were exposed to the front of the product package and were invited to taste the product. Taste benefit claims lead to

  9. The “Weight” of Product Claims and Vertical Location

    DEFF Research Database (Denmark)

    Festila, Alexandra; Chrysochou, Polymeros

    The present research shows that claims denoting healthy attributes will elicit more favorable consumer evaluations (towards ads, packages and products) when placed at higher locations, whereas claim denoting “unhealthy” attributes (e.g., taste) will elicit more favorable evaluations when placed a...

  10. 41 CFR 101-39.405 - Claims against the Government.

    Science.gov (United States)

    2010-07-01

    ... VEHICLES 39-INTERAGENCY FLEET MANAGEMENT SYSTEMS 39.4-Accidents and Claims § 101-39.405 Claims against the Government. (a) Whenever a GSA Interagency Fleet Management System (IFMS) vehicle is involved in an accident... against the agency using a GSA Interagency Fleet Management System (IFMS) vehicle, the agency shall...

  11. 27 CFR 70.414 - Preparation and filing of claims.

    Science.gov (United States)

    2010-04-01

    ... Spirits, Wines, and Beer § 70.414 Preparation and filing of claims. (a) Distilled spirits at distilled.... (d) Wine spirits and wine at bonded wine cellar. Procedural instructions in respect of claims for: (1) Remission of tax on wine spirits lost on the premises of a bonded wine cellar or in transit thereto, (2...

  12. 37 CFR 360.15 - Separate claims required.

    Science.gov (United States)

    2010-07-01

    ... SUBMISSION OF ROYALTY CLAIMS FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE Satellite... license and satellite carrier compulsory license royalty fees during the same month of July, that party... both cable and satellite carrier royalty fees will be dismissed. ...

  13. Opportunities, Problems and Pitfalls of Nutrition and Health Claims

    NARCIS (Netherlands)

    Bremmers, H.J.; Meulen, van der B.M.J.

    2013-01-01

    The provision of reliable food information, for instance by printing an authorised nutrition or health claim on a package of food, makes credence dimensions of a food transparent to the consumer. In Europe, prior-to-use authorisation of nutrition and health claims are mandatory and governed by

  14. 39 CFR 601.111 - Interest on claim amounts.

    Science.gov (United States)

    2010-07-01

    ... that date is later, until the date of payment. Simple interest will be paid at the rate established by... 39 Postal Service 1 2010-07-01 2010-07-01 false Interest on claim amounts. 601.111 Section 601.111... PROPERTY RIGHTS OTHER THAN PATENTS PURCHASING OF PROPERTY AND SERVICES § 601.111 Interest on claim amounts...

  15. 40 CFR 303.33 - Filing a claim.

    Science.gov (United States)

    2010-07-01

    ... COMMUNITY RIGHT-TO-KNOW PROGRAMS CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER SUPERFUND... regulation is required to file a claim for such an award with the Deputy Assistant Administrator for Criminal... information was provided. (c) All claim submissions must be submitted to the Office of Criminal Enforcement...

  16. 28 CFR 43.3 - Settlement and waiver of claims.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Settlement and waiver of claims. 43.3 Section 43.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.3 Settlement and waiver of claims. (a) The...

  17. Canada’s Guideline 9: improving SOGIE claims assessment?

    Directory of Open Access Journals (Sweden)

    Moira Dustin

    2017-10-01

    Full Text Available Asylum seekers making claims relating to their sexual orientation and gender identity often face unfair refusal. New guidance from the Immigration and Refugee Board of Canada takes admirable steps towards improving claims assessment, and offers a model for practitioners elsewhere.

  18. Knowledge claim evaluation : a fundamental issue for knowledge management

    NARCIS (Netherlands)

    Peters, K.; Maruster, L.; Jorna, R.J.J.M.

    2010-01-01

    Purpose - This paper aims to present a classification of approaches toward knowledge claim evaluation (KCE), which is the process of evaluating and testing knowledge claims in organizations, and to position KCE as a fundamental research issue for KM. Design/methodology/approach - The paper draws

  19. 7 CFR 273.18 - Claims against households.

    Science.gov (United States)

    2010-01-01

    ..., referrals to collection and/or other similar private and public sector agencies, state tax refund and... different type of claim (e.g., as an IHE rather than an IPV claim). (B) all adult household members die must... public service This form of payment must be ordered by a court and specifically be in lieu of paying any...

  20. Health claims made on multivitamin and mineral supplements

    Directory of Open Access Journals (Sweden)

    Jelena Jovičić

    2011-12-01

    Full Text Available Introduction: Basic purpose of health claims is consumers' benefit by providing information about healthy eating habits. It is necessary for health claims to be scientifically substantiated and truthful. Health claims should not attribute to food the property of preventing, treating or curing a human disease. Use of health claims should be followed by a statement indicating the importance of a varied and balanced diet and a healthy lifestyle. The objective of this research was to examine the compliance of health claims made on multivitamin and mineral dietary supplements' labels on the Serbian market with national regulation concerning health safety of dietary products.Methods: An assessment of labels of MVMs was done in two privately owned pharmacies in Novi Sad, Serbia in August 2010.Results: In total, 48 MVMs were sampled and 22 health claims were detected. Seven out of 22 health claims were in compliance with the national regulation. The main reason for health claims on foreign MVMs not to be compliant with the regulation in Serbia was inadequate or nonexistent translation of original labels.Conclusion: Detected use of terms such as "prevention", "treatment" and "indications" on vitamin and mineral dietary supplements' labels is both forbidden and misleading to consumers. Coupled with inadequate or nonexistent translation of the labels, it leads to a low level of protection of Serbian consumers. It is necessary to establish an effective monitoring system for dietary supplements' labeling on a national scale in order toprotect consumers and their wellbeing.

  1. Theoretical Claims and Empirical Evidence in Maori Education Discourse

    Science.gov (United States)

    Rata, Elizabeth

    2012-01-01

    Post-Marxist critical sociology of education has influenced the development of indigenous ("kaupapa") Maori educational theory and research. Its effects are examined in four claims made for Maori education by indigenous theorists. The claims are: indigenous kaupapa Maori education is a revolutionary initiative; it is a cultural solution…

  2. 44 CFR 295.31 - Reimbursement of claim expenses.

    Science.gov (United States)

    2010-10-01

    ... § 295.31 Reimbursement of claim expenses. (a) FEMA will reimburse Claimants for the reasonable costs they incur in copying documentation requested by OCGFC. FEMA will also reimburse Claimants for the... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Reimbursement of claim...

  3. 32 CFR 842.32 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... cost of it. The claim file must show clear intent to defraud. A mere mistake is not a fraud. (o) It is.... These claims may be payable through Accounting and Finance as a travel expense. (z) It is a cost to...

  4. Native title claim puts Roxby in fluid situation

    International Nuclear Information System (INIS)

    Hine, M.

    1993-01-01

    Aboriginal land rights and water supply have long been issues raised in relation to the Olympic Dam Mine at Roxby Downs. Now a native title claim has revealed the vulnerability of the water supply. The author reports that the mine's owner, Western Mining Corporation, has to confront issues it has inflamed by favouring one interest group claiming to represent Aboriginal interests 8 refs

  5. 10 CFR 765.21 - Procedures for processing reimbursement claims.

    Science.gov (United States)

    2010-01-01

    ... Department shall complete a final review of all relevant information prior to making a reimbursement decision... 10 Energy 4 2010-01-01 2010-01-01 false Procedures for processing reimbursement claims. 765.21... AND THORIUM PROCESSING SITES Procedures for Submitting and Processing Reimbursement Claims § 765.21...

  6. 26 CFR 509.120 - Double taxation claims.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Double taxation claims. 509.120 Section 509.120... CONVENTIONS SWITZERLAND General Income Tax § 509.120 Double taxation claims. (a) General. Under Article XVII... United States or Switzerland has resulted, or will result, in double taxation contrary to the provisions...

  7. Status of medical liability claims in Saudi Arabia

    International Nuclear Information System (INIS)

    Samarkandi, A.

    2006-01-01

    With the evolution of health services in Saudi Arabia, there has been increase in the number of medical practice litigations. The author analyzed the medical malpractice litigation that was referred to the National Medico-Legal Committee (MLC) in order to evaluate the magnitude and underlying factors of the problem in Saudi Arabia. A retrospective analysis of the official records of Medico-Legal malpractice over the period 1420H-1424H (199-2003) was performed. The incidence among different medical specialties, location, and final resolution of each claim were identified. Data analysis revealed an increasing trend in the total number of claims over the study period, with a sharp increase in the transition between 1422H and 1423H (2001-200). The distribution of claims over different medical specialties showed that obstetrical practice took the lead with 27%, followed by general surgery and subspecialties, represented by 17% each, internal medicine 13%, while pediatrics contributed 10% of claims: the fewest claims were in dentistry with 2.5%. The majority of claims were referred to the Ministry of Health and private sectors medical facilities. Most claims were from the Riyadh region over the period between 1420H to 1422H (1999-2001), while thereafter, during 1423 and 1424H (2002 and 2003), the Holy Capital had the highest number of claims referred to the MLC. Adherence to standards of medical practice is by far the best approach to avoid or reduce the incidence of litigation. (author)

  8. 33 CFR 136.105 - General requirements for a claim.

    Science.gov (United States)

    2010-07-01

    ... (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... the Fund the claimant receives any compensation for the claimed amounts, the claimant shall... certain for compensation for each category of uncompensated damages or removal costs (as described in...

  9. 23 CFR 190.5 - Bonus project claims.

    Science.gov (United States)

    2010-04-01

    ... which advertising controls are in effect. The eligible system mileage reported in subsequent projects on... CONTROLLING OUTDOOR ADVERTISING ON THE INTERSTATE SYSTEM § 190.5 Bonus project claims. (a) The State may claim payment by submitting a form PR-20 voucher, supported by strip maps which identify advertising control...

  10. 9 CFR 317.313 - Nutrient content claims; general principles.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Nutrient content claims; general principles. 317.313 Section 317.313 Animals and Animal Products FOOD SAFETY AND INSPECTION SERVICE... Labeling § 317.313 Nutrient content claims; general principles. (a) This section applies to meat or meat...

  11. 9 CFR 381.413 - Nutrient content claims; general principles.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Nutrient content claims; general principles. 381.413 Section 381.413 Animals and Animal Products FOOD SAFETY AND INSPECTION SERVICE... § 381.413 Nutrient content claims; general principles. (a) This section applies to poultry products that...

  12. 28 CFR 14.2 - Administrative claim; when presented.

    Science.gov (United States)

    2010-07-01

    ....2 Section 14.2 Judicial Administration DEPARTMENT OF JUSTICE ADMINISTRATIVE CLAIMS UNDER FEDERAL... the affected agencies, the Department of Justice shall be consulted and will thereafter designate an... Federal agency subsequently desires to take further action with a view towards settling the claim the...

  13. Cause and Event: Supporting Causal Claims through Logistic Models

    Science.gov (United States)

    O'Connell, Ann A.; Gray, DeLeon L.

    2011-01-01

    Efforts to identify and support credible causal claims have received intense interest in the research community, particularly over the past few decades. In this paper, we focus on the use of statistical procedures designed to support causal claims for a treatment or intervention when the response variable of interest is dichotomous. We identify…

  14. 21 CFR 101.74 - Health claims: sodium and hypertension.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Health claims: sodium and hypertension. 101.74... claims: sodium and hypertension. (a) Relationship between sodium and hypertension (high blood pressure). (1) Hypertension, or high blood pressure, generally means a systolic blood pressure of greater than...

  15. Does a Claims Diagnosis of Autism Mean a True Case?

    Science.gov (United States)

    Burke, James P.; Jain, Anjali; Yang, Wenya; Kelly, Jonathan P.; Kaiser, Marygrace; Becker, Laura; Lawer, Lindsay; Newschaffer, Craig J.

    2014-01-01

    The purpose of this study was to validate autism spectrum disorder cases identified through claims-based case identification algorithms against a clinical review of medical charts. Charts were reviewed for 432 children who fell into one of the three following groups: (a) more than or equal to two claims with an autism spectrum disorder diagnosis…

  16. Consumer understanding of sugars claims on food and drink products.

    Science.gov (United States)

    Patterson, N J; Sadler, M J; Cooper, J M

    2012-06-01

    Consumer understanding of nutrition and health claims is a key aspect of current regulations in the European Union (EU). In view of this, qualitative and quantitative research techniques were used to investigate consumer awareness and understanding of product claims in the UK, focusing particularly on nutrition claims relating to sugars. Both research methods identified a good awareness of product claims. No added sugars claims were generally preferred to reduced sugars claims, and there was a general assumption that sweeteners and other ingredients would be added in place of sugars. However, there was little awareness of the level of sugar reduction and the associated calorie reduction in products when reduced sugars claims were made on pack. In focus groups, participants felt deceived if sugar reduction claims were being made without a significant reduction in calories. This was reinforced in the quantitative research which showed that respondents expected a similar and meaningful level of calorie reduction to the level of sugar reduction. The research also identified consumer confusion around the calorie content of different nutrients, including over-estimation of the calorie content of sugars. This is crucial to consumers' expectations as they clearly link sugar to calories and therefore expect a reduction in sugar content to deliver a reduction in calorie content.

  17. Characteristics of claims in the management of septic arthritis in Japan: Retrospective analyses of judicial precedents and closed claims.

    Science.gov (United States)

    Otaki, Yasuhiro; DaSilva, Makiko Ishida; Saito, Yuichi; Oyama, Yasuaki; Oiso, Giichiro; Yoshida, Tomohiko; Fukuhara, Masakazu; Moriyama, Mitsuru

    2018-03-01

    Septic arthritis (SA) cases can result in claims or litigation because of poor prognosis even if it is unavoidable. Although these claims or litigation are useful for understanding causes and background factors of medical errors, the characteristics of malpractice claims associated with SA remain undetermined in Japan. This study aimed to increase our understanding of malpractice claims in the clinical management of SA. We analyzed 6 civil precedents and 16 closed claims of SA from 8530 malpractice claims processed between July 2004 and June 2014 by the Tokyo office of Sompo Japan Nipponkoa Insurance, Incorporated. We also studied 5 accident and 21 incident reports of SA based on project data compiled by the Japan Council for Quality Health Care. The rate of negligence was 83.3% in the precedents and 75.0% in closed claims. Two main malpractice claim patterns were revealed: SA in a lower extremity joint following sepsis caused by methicillin-resistant Staphylococcus aureus in newborns and SA in an injection site following joint injection. These two patterns accounted for 83.3% and 56.3% of judicial cases and closed claim cases, respectively. Breakdowns in care process of accident and incident reports were clearly differentiated from judicial cases or closed claim cases (Fisher's exact test, p < 0.001). It is important to pay particular attention to SA following sepsis in newborns and to monitor for any signs of SA after joint injection to ensure early diagnosis. Analysis of both malpractice claims and accident and incident reports is essential to ensure a full understanding of the situation in Japan. Copyright © 2017. Published by Elsevier Taiwan LLC.

  18. 78 FR 57808 - Rules and Regulations Under the Wool Products Labeling Act of 1939

    Science.gov (United States)

    2013-09-20

    ... noted a Cashmere and Camel Hair Manufacturers Institute study finding that, between 2004 and 2009, false... wool.\\26\\ The Joint Comment, however, reported the lack of consensus in the trade regarding ``how the S... with the Wool Act, to establish a complete defense to false advertising claims under the Lanham Act as...

  19. The Americans with Disabilities Act: A Decision Tree for Social Services Administrators

    Science.gov (United States)

    O'Brien, Gerald V.; Ellegood, Christina

    2005-01-01

    The 1990 Americans with Disabilities Act has had a profound influence on social workers and social services administrators in virtually all work settings. Because of the multiple elements of the act, however, assessing the validity of claims can be a somewhat arduous and complicated task. This article provides a "decision tree" for…

  20. 75 FR 70947 - Notice of Lodging of Consent Decree Pursuant to Oil Pollution Act

    Science.gov (United States)

    2010-11-19

    ... DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to Oil Pollution Act Notice is... claims of the United States (on behalf of the Department of Commerce/National Oceanic and Atmospheric..., and the State of Rhode Island for natural resource damages under the Oil Pollution Act, 33 U.S.C. 2701...

  1. Health claims on food products in Southeast Asia: regulatory frameworks, barriers, and opportunities.

    Science.gov (United States)

    Tan, Karin Y M; van der Beek, Eline M; Chan, M Y; Zhao, Xuejun; Stevenson, Leo

    2015-09-01

    The Association of Southeast Asian Nations aims to act as a single market and allow free movement of goods, services, and manpower. The purpose of this article is to present an overview of the current regulatory framework for health claims in Southeast Asia and to highlight the current barriers and opportunities in the regulatory frameworks in the Association of Southeast Asian Nations. To date, 5 countries in Southeast Asia, i.e., Indonesia, Malaysia, the Philippines, Singapore, and Thailand, have regulations and guidelines to permit the use of health claims on food products. There are inconsistencies in the regulations and the types of evidence required for health claim applications in these countries. A clear understanding of the regulatory frameworks in these countries may help to increase trade in this fast-growing region and to provide direction for the food industry and the regulatory community to develop and market food products with better nutritional quality tailored to the needs of Southeast Asian consumers. © The Author(s) 2015. Published by Oxford University Press on behalf of the International Life Sciences Institute. All rights reserved. For Permissions, please e-mail: journals.permissions@oup.com.

  2. Medical insurance claims associated with international business travel.

    Science.gov (United States)

    Liese, B; Mundt, K A; Dell, L D; Nagy, L; Demure, B

    1997-07-01

    Preliminary investigations of whether 10,884 staff and consultants of the World Bank experience disease due to work related travel. Medical insurance claims filed by 4738 travellers during 1993 were compared with claims of non-travellers. Specific diagnoses obtained from claims were analysed overall (one or more v no missions) and by frequency of international mission (1, 2-3, or > or = 4). Standardised rate of claims ratios (SSRs) for each diagnostic category were obtained by dividing the age adjusted rate of claims for travellers by the age adjusted rate of claims for non-travellers, and were calculated for men and women travellers separately. Overall, rates of insurance claims were 80% higher for men and 18% higher for women travellers than their non-travelling counterparts. Several associations with frequency of travel were found. SRRs for infectious disease were 1.28, 1.54, and 1.97 among men who had completed one, two or three, and four or more missions, and 1.16, 1.28, and 1.61, respectively, among women. The greatest excess related to travel was found for psychological disorders. For men SRRs were 2.11, 3.13, and 3.06 and for women, SRRs were 1.47, 1.96, and 2.59. International business travel may pose health risks beyond exposure to infectious diseases. Because travellers file medical claims at a greater rate than non-travellers, and for many categories of disease, the rate of claims increases with frequency of travel. The reasons for higher rates of claims among travellers are not well understood. Additional research on psychosocial factors, health practices, time zones crossed, and temporal relation between travel and onset of disease is planned.

  3. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Insurance Coverage and Open Enrollment Periods Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel ... improve the treatment of cystic fibrosis. CFTR Modulator Types Clinical Trials Clinical Trials 101 What to Consider ...

  4. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Resources CF Foundation Compass Understanding and Choosing Coverage Health Insurance Coverage and Open Enrollment Periods Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel Insurance Research X close About ...

  5. Employment discrimination implications of genetic screening in the workplace under Title VII and the Rehabilitation Act.

    Science.gov (United States)

    Canter, E F

    1984-01-01

    The emergence of genetic screening techniques will permit employers to exclude hypersusceptible individuals from potentially hazardous workplace environments. The denial of employment opportunities to these individuals, however, may constitute discrimination. This Note analyzes genetic screening cases with respect to currently available remedies contained in Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. The Note concludes that Title VII claims may succeed but only in limited circumstances and that Rehabilitation Act claims will encounter numerous obstacles to relief. Additionally, the Note discusses some of the implications of the use of genetic screening in the workplace.

  6. 32 CFR 536.111 - Investigation of claims arising under international agreements (for those claims arising in the...

    Science.gov (United States)

    2010-07-01

    ... under international agreements (for those claims arising in the United States). Responsibility for... civilian component is attached, including the legal office of another armed force, to carry out the responsibility to investigate. The investigation will comply with the responsible Service's implementing claims...

  7. 41 CFR 105-55.003 - Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded.

    Science.gov (United States)

    2010-07-01

    ... apply to any debt based in whole or in part on conduct in violation of the antitrust laws or to any debt... antitrust laws or any claim involving fraud, the presentation of a false claim, or misrepresentation on the... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust, fraud, tax...

  8. Nutrition labelling, marketing techniques, nutrition claims and health claims on chip and biscuit packages from sixteen countries.

    Science.gov (United States)

    Mayhew, Alexandra J; Lock, Karen; Kelishadi, Roya; Swaminathan, Sumathi; Marcilio, Claudia S; Iqbal, Romaina; Dehghan, Mahshid; Yusuf, Salim; Chow, Clara K

    2016-04-01

    Food packages were objectively assessed to explore differences in nutrition labelling, selected promotional marketing techniques and health and nutrition claims between countries, in comparison to national regulations. Cross-sectional. Chip and sweet biscuit packages were collected from sixteen countries at different levels of economic development in the EPOCH (Environmental Profile of a Community's Health) study between 2008 and 2010. Seven hundred and thirty-seven food packages were systematically evaluated for nutrition labelling, selected promotional marketing techniques relevant to nutrition and health, and health and nutrition claims. We compared pack labelling in countries with labelling regulations, with voluntary regulations and no regulations. Overall 86 % of the packages had nutrition labels, 30 % had health or nutrition claims and 87 % displayed selected marketing techniques. On average, each package displayed two marketing techniques and one health or nutrition claim. In countries with mandatory nutrition labelling a greater proportion of packages displayed nutrition labels, had more of the seven required nutrients present, more total nutrients listed and higher readability compared with those with voluntary or no regulations. Countries with no health or nutrition claim regulations had fewer claims per package compared with countries with regulations. Nutrition label regulations were associated with increased prevalence and quality of nutrition labels. Health and nutrition claim regulations were unexpectedly associated with increased use of claims, suggesting that current regulations may not have the desired effect of protecting consumers. Of concern, lack of regulation was associated with increased promotional marketing techniques directed at children and misleadingly promoting broad concepts of health.

  9. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one

  10. Medico-legal claims against English radiologists: 1995–2006

    Science.gov (United States)

    Halpin, S F S

    2009-01-01

    A list of claims against radiologists from 1995–2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under £8.5 million has so far been paid in damages, with a further £5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of £464 000 (£673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was £300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future. PMID:19470570

  11. Medico-legal claims against English radiologists: 1995-2006.

    Science.gov (United States)

    Halpin, S F S

    2009-12-01

    A list of claims against radiologists from 1995-2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under pound8.5 million has so far been paid in damages, with a further pound5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of pound464 000 ( pound673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was pound300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future.

  12. The claims handling process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Jacoline van Jaarsveld

    2015-04-01

    Full Text Available Liabilities play a very important financial role in business operations, professional service providers as well as in the personal lives of people. It is possible that a single claim may even lead to the bankruptcy of the defendant. The claims handling process of liability insurance by short-term insurers is therefore very important to these parties as it should be clear that liability claims may have enormous and far-reaching financial implications for them. The objective of this research paper embodies the improvement of financial decision-making by short-term insurers with regard to the claims handling process of liability insurance. Secondary data was initially studied which provided the basis to compile a questionnaire for the empirical survey. The leaders of liability insurance in the South African short-term insurance market that represented 69.5% of the annual gross written premiums received for liability insurance in South Africa were the respondents of the empirical study. The perceptions of these short-term insurers provided the primary data for the vital conclusions of this research. This paper pays special attention to the importance of the claims handling factors of liability insurance, how often the stipulations of liability insurance policies are adjusted by the short-term insurers to take the claims handling factors into consideration, as well as the problem areas which short-term insurers may experience during the claims handling process. Feasible solutions to address the problem areas are also discussed.

  13. Work ability, effort-reward imbalance and disability pension claims.

    Science.gov (United States)

    Wienert, J; Spanier, K; Radoschewski, F M; Bethge, M

    2017-12-30

    Effort-reward imbalance (ERI) and self-rated work ability are known independent correlates and predictors of intended disability pension claims. However, little research has focused on the interrelationship between the three and whether self-rated work ability mediates the relationship between ERI and intended disability pension claims. To investigate whether self-rated work ability mediates the association between ERI and intended disability pension claims. Baseline data from participants of the Third German Sociomedical Panel of Employees, a 5-year cohort study that investigates determinants of work ability, rehabilitation utilization and disability pensions in employees who have previously received sickness benefits, were analysed. We tested direct associations between ERI with intended disability pension claims (Model 1) and self-rated work ability (Model 2). Additionally, we tested whether work ability mediates the association between ERI and intended disability pension claims (Model 3). There were 2585 participants. Model 1 indicated a significant association between ERI and intended disability pension claims. Model 2 showed a significant association between ERI and self-rated work ability. The mediation in Model 3 revealed a significant indirect association between ERI and intended disability pension claims via self-rated work ability. There was no significant direct association between ERI and intended disability pension claims. Our results support the adverse health-related impact of ERI on self-rated work ability and intended disability pension claims. © The Author 2017. Published by Oxford University Press on behalf of the Society of Occupational Medicine. All rights reserved. For Permissions, please email: journals.permissions@oup.com

  14. LEARNING POINTS FROM WHISTLEBLOWER CLAIMS AGAINST INSTITUTIONS OF HIGHER EDUCATION

    Directory of Open Access Journals (Sweden)

    Christopher R. Schmidt

    2015-12-01

    Full Text Available The types of whistleblowing claims made against institutions of higher education are not well understood nor are the various mechanisms used to solicit, investigate, and learn from such claims at the institutional and state levels. This research obtained and analyzed whistleblower claims made against institutions of higher education and explores and facilitates a discussion around the value of learning opportunities that come from whistleblowing claims. Aggregate claims data and detail workpapers for claims made against the 45 publicly funded colleges and universities in the state of Ohio, in the midwestern United States was analyzed to identify patterns and areas of focus which could improve institutional processes and internal controls. Four areas resulted from the analysis: hiring and pay practices, prevention of the theft of institutional assets, prevention of the theft of student funds, and an institutional accreditation issue. All claims that were reported reflected real concerns on topics of strategic importance to institutions and their management practices, although not all were substantiated or corroborated. One quarter of the claims resulted in proven cases for recovery and prosecution. At the state level, completeness of investigation and administrative learning were sometimes not pursued due to the code enforcement nature of the governing bodies whose mandate was limited to the identification and prosecution of crimes, although improvement opportunities clearly existed. The case of Ohio demonstrates that open government and public information request processes can provide sufficient information to allow insight into the nature of the claims and to identify improvement opportunities for both the institution and state level administration.

  15. Generalization as creative and reflective act

    DEFF Research Database (Denmark)

    Tateo, Luca

    2013-01-01

    It is argued that generalization in psychology is a creative, interpretative, and reflective act of thought, by accessing a higher level of abstraction from meaningful events. In the context of clarification of this claim, a fresh look at Lewin’s argumentation about the “Aristotelian” and “Galile...... in psychology can provide a relevant starting point to foster contemporary reflexivity in psychology. Scientific method provides conceptual artifacts, constraints, and norms of sharing that enable this particular type of sense-making process....

  16. Price-Anderson Act and nuclear insurance

    International Nuclear Information System (INIS)

    Long, J.D.; Long, D.P.

    1979-01-01

    The nuclear incident at Three Mile Island has served to intensify debate about elimination of the federal limit on liability of utilities (and others) for operation of private nuclear reactions and about elimination of possible federal indemnification of utilities (or others) for claims paid in nuclear incidents. Not all those who debate these issues appear to be fully informed about the present nuclear liability and insurance system. This paper provides a brief description of the Price-Anderson Act, as amended, and of the operation of the nuclear insurance pools. It also includes a comment on the recent federal district court award against the Kerr-McGee Corporation

  17. Mass Claims in Land and Property Following the Arab Spring: Lessons from Yemen

    Directory of Open Access Journals (Sweden)

    Jon D Unruh

    2016-07-01

    Full Text Available The Arab Spring uprisings have released a flood of land and property conflicts, brought about by decades of autocratic rule. Expropriations, corruption, poor performance of the rule of law, patronage and sectarian discrimination built up a wide variety of land and property transgressions over approximately 30 years. The result has been the creation of longstanding, acute grievances among large components of national populations who now seek to act on them. If new, transitional or reforming governments and their international partners fail to effectively attend to such grievances, the populations concerned may act on them in ways that detract from stability. This article critiques the case of Yemen, whose transitional government, with international support, initiated a land and property mass claims process in the South in order to address a primary grievance of the southern population as part of the National Dialogue transition. A series of techniques are described that would greatly improve the mass claims process once it inevitably recommences after the Houthi conflict comes to an end. These improvements would attach more importance to socio-political realities and how to quickly attend to them, as opposed to an over-reliance on specific legalities. Such an approach could have wider utility among Arab Spring states seeking to address similar land and property grievances.

  18. 27 CFR 24.65 - Claims for wine or spirits lost or destroyed in bond.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 1 2010-04-01 2010-04-01 false Claims for wine or spirits... Provisions Claims § 24.65 Claims for wine or spirits lost or destroyed in bond. (a) Claim for remission of... 27 CFR part 70, subpart F. A claim filed under this paragraph with respect to spirits, wine, or...

  19. 32 CFR 536.123 - Limitation of liability for maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Limitation of liability for maritime claims. 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.123 Limitation of liability for maritime claims. For admiralty claims arising within the United States under the provisions of the...

  20. Nuclear Regulatory Authority Act, 2015 (Act 895)

    International Nuclear Information System (INIS)

    2015-04-01

    An Act to establish a Nuclear Regulatory Authority in Ghana. This Act provides for the regulation and management of activities and practices for the peaceful use of nuclear material or energy, and to provide for the protection of persons and the environment against the harmful effects of radiation; and to ensure the effective implementation of the country’s international obligations and for related matters. This Act replaced the Radiation Protection Instrument, of 1993 (LI 1559).

  1. ARCO and Sun agree to settle Iranian claims

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This paper reports that ARCO and Sun Co. Inc. have agreed to separate settlements totaling almost $261 million that resolve their claims over oil field assets expropriated by Iran in 1978--80. The agreements are subject to approval by the Iran-U.S. claims tribunal at The Hague. The tribunal was set up in 1981 to resolve foreign claims to assets nationalized by the government of Ayatollah Khomeini following the fall of the Shah of Iran as a result of the 1978-79 Iranian revolution. The settlements are seen as the latest steps Iran has taken to normalize relations with the U.S., notably through petroleum related deals

  2. Legal assumptions for private company claim for additional (supplementary payment

    Directory of Open Access Journals (Sweden)

    Šogorov Stevan

    2011-01-01

    Full Text Available Subject matter of analyze in this article are legal assumptions which must be met in order to enable private company to call for additional payment. After introductory remarks discussion is focused on existence of provisions regarding additional payment in formation contract, or in shareholders meeting general resolution, as starting point for company's claim. Second assumption is concrete resolution of shareholders meeting which creates individual obligations for additional payments. Third assumption is defined as distinctness regarding sum of payment and due date. Sending of claim by relevant company body is set as fourth legal assumption for realization of company's right to claim additional payments from member of private company.

  3. REMINDER : deadline for submission of reimbursements claims to UNIQA

    CERN Multimedia

    HR Department

    2011-01-01

    We would like to remind you of the resolution which took effect from 1 June 2010 changing the deadline for submitting a claim from 24 months to 12 months from the invoice date (as opposed to from the time of treatment). As a transitional measure, it is still possible to submit invoices issued prior to 1 June 2010 as long as they do not date back to more than two years (from the invoice date) at the time of submission. The deadline for transitional claims is 31 May 2011. You are advised to check any outstanding submissions that you have since, as from 1 June 2011, no transitional claims will be accepted.  

  4. A Unifying Framework for the Problem of Adjudicating Conflicting Claims

    DEFF Research Database (Denmark)

    Hougaard, Jens Leth; Moreno-Ternero, Juan D.; Østerdal, Lars Peter Raahave

    the structure of such a space. In this paper, we generalize their analysis upon presenting and studying a general family of operators inspired by three apparently unrelated approaches to the problem of adjudicating conflicting claims. We study the structural properties of this family and show, in particular......In a recent paper, Thomson and Yeh [Operators for the adjudication of conflicting claims, Journal of Economic Theory 143 (2008) 177-198] introduced the concept of operators on the space of rules for the problem of adjudicating conflicting claims. They focussed on three operators in order to uncover...

  5. Reducing medical claims cost to Ghana?s National Health Insurance scheme: a cross-sectional comparative assessment of the paper- and electronic-based claims reviews

    OpenAIRE

    Nsiah-Boateng, Eric; Asenso-Boadi, Francis; Dsane-Selby, Lydia; Andoh-Adjei, Francis-Xavier; Otoo, Nathaniel; Akweongo, Patricia; Aikins, Moses

    2017-01-01

    Background A robust medical claims review system is crucial for addressing fraud and abuse and ensuring financial viability of health insurance organisations. This paper assesses claims adjustment rate of the paper- and electronic-based claims reviews of the National Health Insurance Scheme (NHIS) in Ghana. Methods The study was a cross-sectional comparative assessment of paper- and electronic-based claims reviews of the NHIS. Medical claims of subscribers for the year, 2014 were requested fr...

  6. Geographic variation in expenditures for workers' compensation physician claims.

    Science.gov (United States)

    Miller, T R; Levy, D T

    1997-07-01

    We examine interstate variations in the cost of claims for physician care using injury claims from Worker's Compensation, and consider some of the factors that may explain cost differences. Multivariate regression analysis is used to isolate state variations, while controlling for personal and injury characteristics, and state characteristics. Statistical analyses reveal considerable variation in expenditures for physician care of injuries across states, even after controlling for case mix and state characteristics. We also find that the presence of HMOs and of general practitioners as a percent of physicians are associated with lower claims, and that the percent of the state that is urban is associated with higher claims. The large variation in costs suggests a potential to affect the costs of physician care for work-related injuries.

  7. 8529 DIVERSITY AND IMMUNE BOOSTING CLAIMS OF SOME ...

    African Journals Online (AJOL)

    2014-03-01

    Mar 1, 2014 ... elderly women were keen in this process and spent more time in preparing the vegetables which were ... farmers use indigenous vegetables both to meet their food and nutrition security as ..... marketing and medicinal claims.

  8. 77 FR 44155 - Administration of Mining Claims and Sites

    Science.gov (United States)

    2012-07-27

    ... hypothetical 66-acre placer claim would be $560. IV. Procedural Matters Regulatory Planning and Review... miner maintenance fee waiver program, which further reduces any potential impact on small miners. A...

  9. Basic Stand Alone Medicare Claims Public Use Files

    Data.gov (United States)

    U.S. Department of Health & Human Services — CMS is committed to increasing access to its Medicare claims data through the release of de-identified data files available for public use. They contain...

  10. Products Claiming to "Cure" Cancer Are a Cruel Deception

    Science.gov (United States)

    ... products claiming to cure cancer on websites or social media platforms, such as Facebook and Instagram. According to Nicole Kornspan, M.P.H., a consumer safety officer at the U.S. Food and Drug ...

  11. 27 CFR 28.304 - Action on claim.

    Science.gov (United States)

    2010-04-01

    ... appropriate TTB officer will allow or disallow claims filed under § 28.303 in accordance with existing law and... spirits as the result of any connivance, collusion, fraud, or negligence on the part of the exporter...

  12. Contract Claims Experience at the Naval Air Systems Command

    National Research Council Canada - National Science Library

    Carty, John

    1999-01-01

    ...) experienced at the Naval Air Systems Command (NAVAIR) between January 1997 and December 1998 as a means to identify areas of potential improvement in management practices which could result in reduced numbers of claims being submitted...

  13. 31 CFR 248.7 - Claims requiring settlement action.

    Science.gov (United States)

    2010-07-01

    ...) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE ISSUE OF SUBSTITUTES OF LOST... claimant and transmit such data to the Claims Division, General Accounting Office, for settlement action. ...

  14. 19 CFR 24.72 - Claims; set-off.

    Science.gov (United States)

    2010-04-01

    ... CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE § 24.72 Claims; set-off. When an importer of record or other... indebted to the United States, either as principal or surety, for an amount which is legally fixed and...

  15. 24 CFR 207.258 - Insurance claim requirements.

    Science.gov (United States)

    2010-04-01

    ... in 24 CFR part 200, subpart B, of its intention to file an insurance claim and of its election either..., ledger cards, documents, books, papers, and accounts relating to the mortgage transaction. (iv) All...

  16. Mixtures of tails in clustered automobile collision claims

    NARCIS (Netherlands)

    R. Kalb (Reinhard); P. Kofman (Paul); A.C.F. Vorst (Ton)

    1996-01-01

    textabstractKnowledge of the tail shape of claim distributions provides important actuarial information. This paper discusses how two techniques commonly used in assessing the most appropriate underlying distribution can be usefully combined. The maximum likelihood approach is theoretically

  17. Creditors’ claims in bankruptcy proceedings - issues and concerns

    Directory of Open Access Journals (Sweden)

    Viktor Palić

    2013-12-01

    Full Text Available A generally accepted rule in the bankruptcy law is that a bankruptcy creditor can file a claim against the debtor only in bankruptcy proceedings. This rule has a legal effect. If the creditor’s claim in the bankruptcy proceeding has not been disputed, the creditor is not able to instigate legal and execution proceedings. Obviously, this applies to financial claims. However, it is not clear whether the above can be applied when the claim is not financial but when it concerns a request for the nullification of a contract. It is of particular interest whether such a request can be made by a counterclaim against the debtor in an ordinary judicial proceeding or only in bankruptcy proceedings. Using a practical example, the authors concluded that it is possible for a creditor to make a request for the nullification of a contract by a counterclaim in a civil lawsuit.

  18. 50 CFR 296.5 - Instructions for filing claims.

    Science.gov (United States)

    2010-10-01

    ... method of position fixing available to the claimant, (vi) A description of the item or obstruction (if... cost. (6) The amount claimed for economic loss and the basis for that amount with supporting...

  19. The EU health claim regulation in international comparison

    DEFF Research Database (Denmark)

    Aschemann-Witzel, Jessica

    2011-01-01

    Nutrition and health claims are voluntary claims on food indicating favourable nutritional content or health benefits of the food. Nutrition and health claims on food are increasingly regulated in the world market. This process is accompanied by intensive stakeholder discussions on the possible...... impact on consumer protection and food marketing effectiveness. This article reviews literature on regulations in the major food markets in comparison with the EU regulation. The focus is on identifying characteristics of regulations that are expected to have an impact on consumer protection and food...... marketing. The EU regulation is regarded as focusing relatively strongly on precaution and consumer understanding. The extent to which this hampers food innovations is in dispute. It is suggested that using marketing measures in favour of scientifically approved claims as well as stakeholder cooperation...

  20. Predicting Immediate Belief Change and Adherence to Argument Claims.

    Science.gov (United States)

    Hample, Dale

    1978-01-01

    Discusses the probative potential of evidence in argument, and evaluates the importance of evidence in predicting belief change. Predicts adherence to argument claims and confirms the traditionally recognized importance of evidence to persuasion. (JMF)

  1. Health claims on foods: challenge for clinical research companies

    Directory of Open Access Journals (Sweden)

    Essi Sarkkinen

    2012-06-01

    Full Text Available Background The Nutrition and Health Claim Regulation 1924/2006/EC, together with EFSA guidances on the scientific requirements for different type of health claims, is setting the basis for health claim substantiation in the EU. Aim The aim of this presentation is to bring up the key challenges that the food industry and clinical research organizations are facing when meeting these requirements. Results and discussion Key issues in clinical research planning to meet the requirements set for the health claim substantiation are: (1 Selection of right outcome markers since the selection of outcome marker defines actually the formulation of the health claim to be used on food or food ingredient. (2 Selection of right target population since that determines the target consumer group for the food with a health claim. (3 Selection of dose regime and food matrices used since these largely determine the conditions set for the use of the health claim. One of the major challenges in health claim substantiation is the deviant approach to risk factors or biomarkers. From the regulation point of view, a single risk factor approach is emphasized, but from the clinical and scientific point of view the pattern of different risk markers or biomarkers could, in some cases, be a more relevant choice to reflect the final health outcome. This is especially the case in the nutrition and health area because we are often dealing with weak but multiple health effects of certain food items or ingredients. Also the lack of validated well-established biomarkers potent to be affected by diet is a challenge in health claim substantiation.The selection of right target population is often a compromise between choosing a more potential target group to obtain efficacy (i.e. risk factors elevated vs. patient groups and choosing a rationale to generalize the results to wider population (target consumer group.The selection of optimal dosing regime and matrices for a clinical study is

  2. Primary care closed claims experience of Massachusetts malpractice insurers.

    Science.gov (United States)

    Schiff, Gordon D; Puopolo, Ann Louise; Huben-Kearney, Anne; Yu, Winnie; Keohane, Carol; McDonough, Peggy; Ellis, Bonnie R; Bates, David W; Biondolillo, Madeleine

    Despite prior focus on high-impact inpatient cases, there are increasing data and awareness that malpractice in the outpatient setting, particularly in primary care, is a leading contributor to malpractice risk and claims. To study patterns of primary care malpractice types, causes, and outcomes as part of a Massachusetts ambulatory malpractice risk and safety improvement project. Retrospective review of pooled closed claims data of 2 malpractice carriers covering most Massachusetts physicians during a 5-year period (January 1, 2005, through December 31, 2009). Data were harmonized between the 2 insurers using a standardized taxonomy. Primary care practices in Massachusetts. All malpractice claims that involved primary care practices insured by the 2 largest insurers in the state were screened. A total of 551 claims from primary care practices were identified for the analysis. Numbers and types of claims, including whether claims involved primary care physicians or practices; classification of alleged malpractice (eg, misdiagnosis or medication error); patient diagnosis; breakdown in care process; and claim outcome (dismissed, settled, verdict for plaintiff, or verdict for defendant). During a 5-year period there were 7224 malpractice claims of which 551 (7.7%) were from primary care practices. Allegations were related to diagnosis in 397 (72.1%), medications in 68 (12.3%), other medical treatment in 41 (7.4%), communication in 15 (2.7%), patient rights in 11 (2.0%), and patient safety or security in 8 (1.5%). Leading diagnoses were cancer (n = 190), heart diseases (n = 43), blood vessel diseases (n = 27), infections (n = 22), and stroke (n = 16). Primary care cases were significantly more likely to be settled (35.2% vs 20.5%) or result in a verdict for the plaintiff (1.6% vs 0.9%) compared with non-general medical malpractice claims (P < .001). In Massachusetts, most primary care claims filed are related to alleged misdiagnosis. Compared with malpractice

  3. Compensation culture reviewed: incentives to claim and damages levels

    OpenAIRE

    Lewis, Richard Kurt

    2014-01-01

    This article reviews some recent developments which have affected the debate concerning ‘compensation culture.’ It focuses upon the number of claims and the cost of claims, looking especially at the level of damages. The role of insurers and the changing nature of personal injury practice are also discussed. The conclusion is that issues arising from the debate will continue for some time to come.

  4. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  5. A Systematic Method to Analyze Force Majeure in Construction Claims

    OpenAIRE

    Saud Alshammari; Khalid Al-Gahtani; Ibrahim Alhammad; Nuhu Braimah

    2017-01-01

    In construction delay claims, force majeure is normally recognized as an excusable risk that entitles contractors only to time extensions, but neither of the contracting parties is entitled to monetary compensation to recover delay damages. However, there are instances where contractors are entitled to both time and cost compensations, as evidenced by some court cases relating to force majeure claims. Such instances involve attributing the occurrence of the force majeure to the effect of othe...

  6. Employee health and frequency of workers' compensation and disability claims.

    Science.gov (United States)

    Kuhnen, Ann E; Burch, Steven P; Shenolikar, Rahul A; Joy, Karen A

    2009-09-01

    To assess the relationship between self-assessed employee health risk status and future workers' compensation (WC) and short-term disability (STD) claims. A historical cohort study linking Health Risk Assessment (HRA) survey data with subsequent WC and STD claims. HRA participants who developed a WC or STD claim in the subsequent 12 months were identified as cases and compared with HRA participants who did not develop a claim in the subsequent 12 months. High-risk participants had higher odds of filing a WC claim, when compared with low-risk participants (OR: 2.99, 95% CI: 1.22 to 7.32) despite adjustment for demographic factors including job type. Medium-risk participants had 1.5 times higher odds, when compared with low-risk participants to file for STD (OR: 1.45, 95% CI: 1.15 to 1.82). Other relationships trended similarly but did not reach statistical significance. Self-assessed personal health risk does impact future lost productivity in WC and STD claims even after adjustment for demographic, health factors, and job type (WC only). Employers wishing to reduce the impact of lost productivity should consider a worker's personal health risks as predictors of future lost productivity and may want to address this in broad risk reduction programs.

  7. Health and Stress Management and Mental-health Disability Claims.

    Science.gov (United States)

    Marchand, Alain; Haines, Victor Y; Harvey, Steve; Dextras-Gauthier, Julie; Durand, Pierre

    2016-12-01

    This study examines the associations between health and stress management (HSM) practices and mental-health disability claims. Data from the Salveo study was collected during 2009-2012 within 60 workplaces nested in 37 companies located in Canada (Quebec) and insured by a large insurance company. In each company, 1 h interviews were conducted with human resources managers in order to obtain data on 63 HSM practices. Companies and workplaces were sorted into the low-claims and high-claims groups according to the median rate of the population of the insurer's corporate clients. Logistic regression adjusted for design effect and multidimensional scaling was used to analyse the data. After controlling for company size and economic sector, task design, demands control, gratifications, physical activity and work-family balance were associated with low mental-health disability claims rates. Further analyses revealed three company profiles that were qualified as laissez-faire, integrated and partially integrated approaches to HSM. Of the three, the integrated profile was associated with low mental-health disability claims rates. The results of this study provide evidence-based guidance for a better control of mental-health disability claims. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.

  8. Health claims in the labelling and marketing of food products:

    Science.gov (United States)

    Asp, Nils-Georg; Bryngelsson, Susanne

    2007-01-01

    Since 1990 certain health claims in the labelling and marketing of food products have been allowed in Sweden within the food sector's Code of Practice. The rules were developed in close dialogue with the authorities. The legal basis was a decision by the authorities not to apply the medicinal products’ legislation to “foods normally found on the dinner table” provided the rules defined in the Code were followed. The Code of Practice lists nine well-established diet–health relationships eligible for generic disease risk reduction claims in two steps and general rules regarding nutrient function claims. Since 2001, there has also been the possibility for using “product-specific physiological claims (PFP)”, subject to premarketing evaluation of the scientific dossier supporting the claim. The scientific documentation has been approved for 10 products with PFP, and another 15 products have been found to fulfil the Code's criteria for “low glycaemic index”. In the third edition of the Code, active since 2004, conditions in terms of nutritional composition were set, i.e. “nutrient profiles”, with a general reference to the Swedish National Food Administration's regulation on the use of a particular symbol, i.e. the keyhole symbol. Applying the Swedish Code of practice has provided experience useful in the implementation of the European Regulation on nutrition and health claims made on foods, effective from 2007.

  9. Performance evaluation of court in construction claims settlement of litigation

    Science.gov (United States)

    Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

    2017-06-01

    Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

  10. Atomic Act amended

    International Nuclear Information System (INIS)

    Drabova, D.

    2002-01-01

    In the paper by the chairwoman of the Czech nuclear regulatory authority, the history of Czech nuclear legislation is outlined, the reasons for the amendment of the Atomic Act (Act No. 18/1997) are explained, and the amendments themselves are highlighted. The Act No. 13/2002 of 18 December 2001 is reproduced from the official Collection of Acts of the Czech Republic in the facsimile form. The following acts were thereby amended: Atomic Act No. 18/1997, Metrology Act No. 505/1990, Public Health Protection Act No. 258/2000, and Act No. 2/1969 on the Establishment of Ministries and Other Governmental Agencies of the Czech Republic. (P.A.)

  11. Claiming an Ethic of Care for midwifery.

    Science.gov (United States)

    MacLellan, Jennifer

    2014-11-01

    The public domain of midwifery practice, represented by the educational and hospital institutions could be blamed for a subconscious ethical dilemma for midwifery practitioners. The result of such tension can be seen in complaints from maternity service users of dehumanised care. When expectations are not met, women report dehumanising experiences that carry long term consequences to both them and their child. To revisit the ethical foundation of midwifery practice to reflect the feminist Ethic of Care and reframe what is valuable to women and midwives during the childbirth experience. A comprehensive literature review is presented from the midwifery and feminist ethics discourse. Nil to report. Women are vulnerable during childbirth as they need care, yet they prioritise elements of relationship in their experience. The Ethic of Care approach equalises the relationship between the midwife and the woman, providing the space for relationship building and allowing midwives to meet the expectations of their accepted responsibility. Some midwives manage to balance the demands of the institution with the needs of the woman. This is described as both an emotional and professionally challenging balancing act. Until there is a formal acknowledgement of the different ethical approach to midwifery practice from within the profession and the Institution, midwifery identity and practice will continue to be compromised. © The Author(s) 2014.

  12. [Criminal claims about medical professional liability in the Instituto de Medicina Legal of Lima, Peru].

    Science.gov (United States)

    Navarro-Sandoval, Cleyber; Arones-Guevara, Shermany; Carrera-Palao, Rosa; Casana-Jara, Kelly; Colque-Jaliri, Tomasa

    2013-07-01

    To determine the characteristics of the criminal complaints claining medical professional liability, based on the expert reports issued by the Forensic Examination Division of Lima, Peru. A cross-sectional study was carried out, which included all the expert reports issued between 2005 and 2010 at the Forensic Examination Division of Lima, Peru. A descriptive analysis of each of the variables was performed. 60.3% (495/821) of the criminal complaints for medical professional liability were valued as being in accordance with the lex artis while 16.8% (138/821) were not in accordance with the lex artis. In 13% (107/821) of the cases, conclusions could not be drawn;in 9.9% (81/821) of the cases, the conclusions in the expert report did not include an valuations of the medical act.The cases in which the injury was attributed to the process of the disease itself accounted for 80.9% (502/620), and those in which in the injury was considered a result of the health care received were 19.0% (118/620). The distribution of the cause of the injury based on accordance with the lex artis showed significant differences. In our country, the number of claims for claimed medical liability is increasing, predominantly in relation to surgical specialties, where a medical act is more likely to be considered not in accordance with the lex artis. In addition, in a significant percentage of cases, no conclusions are drawn about the medical act.

  13. David Ross, Ideal Utilitarianism, and the Intrinsic Value of Acts

    Directory of Open Access Journals (Sweden)

    Francesco Orsi

    2012-01-01

    Full Text Available The denial of the intrinsic value of acts apart from both motives and consequences lies at the heart of Ross’s deontology and his opposition to ideal utilitarianism. Moreover, the claim that acts can have intrinsic value is a staple element of early and contemporary attempts to “consequentialise” all of morality. I first show why Ross’s denial is relevant both for his philosophy and for current debates. Then I consider and reject as inconclusive some of Ross’s explicit and implicit motivations for his claim, stemming from his philosophy of action, his axiology, and his concept of intrinsic value, or a combination of these. I also criticize Ross’s later view that all right acts somehow produce some good, but that the value of some of these goods is explained by the prior rightness of the act. In the course of the discussion, the idea that acts can have intrinsic value apart from motives and consequences gains credibility both from the weaknesses in Ross’s arguments and from some putative examples. So, finally, I distinguish two attitudes in the history of ideal utilitarianism towards the necessity or not to give a detailed account of the intrinsic value of acts, and suggest that a Why Bother attitude is more promising than a Constructive one.

  14. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Therapeutics Lab Developing New Treatments The CF Foundation offers a number of resources for learning about clinical ... her father: Demonstrate and discuss common ACT therapies Offer their tips for fitting ACTs into daily life ...

  15. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Treatments and Therapies Airway Clearance Airway Clearance Techniques (ACTs) There are different ways to clear your airways. ... or caregiver. Older kids and adults can choose ACTs that they can do on their own. Share ...

  16. Economic cost and epidemiological characteristics of patients with fibromyalgia claims.

    Science.gov (United States)

    Robinson, Rebecca L; Birnbaum, Howard G; Morley, Melissa A; Sisitsky, Tamar; Greenberg, Paul E; Claxton, Ami J

    2003-06-01

    Fibromyalgia (FM) is characterized by widespread pain that can lead to significant patient disability, complex management decisions for physicians, and economic burden on society. We investigated the total costs of FM in an employer population. Administrative claims data of a Fortune 100 manufacturer were used to quantify direct (i.e., medical and pharmaceutical claims) and indirect (i.e., disability claims and imputed absenteeism) costs associated with FM. A total of 4699 patients with at least one FM claim between 1996 and 1998 were contrasted with a 10% random sample of the overall beneficiary population. Employee-only subsets of both samples also were drawn. Medical utilization, receipt of prescription drugs, and annual total costs were proportionately similar yet significantly greater among FM claimants than the overall sample (all p < 0.0001). Total annual costs for FM claimants were $5945 versus $2486 for the typical beneficiary (p < 0.0001). Six percent of these costs were attributable to FM-specific claims. The prevalence of disability was twice as high among FM employees than overall employees (p < 0.0001). For every dollar spent on FM-specific claims, the employer spent another $57 to $143 on additional direct and indirect costs. Hidden costs of disability and comorbidities greatly increase the true burden of FM. Regardless of the clinical understanding of FM, when a claim for FM is present, considerable costs are involved. Findings suggest that within the management of FM there may be large cost-offset opportunities for reductions in patient, physician, and employer burdens.

  17. Nuclear Installations Act 1965

    International Nuclear Information System (INIS)

    1965-01-01

    This Act governs all activities related to nuclear installations in the United Kingdom. It provides for the licensing procedure for nuclear installations, the duties of licensees, the competent authorities and carriers of nuclear material in respect of nuclear occurrences, as well as for the system of third party liability and compensation for nuclear damage. The Act repeals the Nuclear Installations (Licensing and Insurance) Act 1959 and the Nuclear Installations (Amendment Act) 1965 except for its Section 17(2). (NEA) [fr

  18. The European Procedure on Reduced Value Claims

    Directory of Open Access Journals (Sweden)

    Alexandrina Zaharia

    2009-06-01

    Full Text Available Maintaining and developing the area of freedom, security and justice is a major objective of theEuropean Community, which guarantees the free movement of persons. As a result of litigations regardingthe applications with a reduced value arising among physical or legal persons, it was felt the need for acommunity legislation that would guarantee identical conditions, both for creditors and debtors throughoutthe entire European Union territory. The European procedure regarding the debts recovery of reducedvalue facilitates the access to justice and it is characterized by simplifying and expediting the settling of thetransboundary litigations, reducing costs, the recognition and execution of the court order in a MemberState given in another Member State. This procedure is available to litigants as an alternative to theprocedures provided by the laws of Member States. The Regulation (EC no. 861/2007 establishing aEuropean procedure regarding the applications with reduced value applies in civil and commercial matters inthe transboundary cases, regardless the nature of the court when the application value, without taking intoaccount the interest, expenditures and other costs, does not exceed 2000 Euro at the time of receiving theapplication form by the competent court. This procedure does not apply to revenue, customs oradministrative matters or in regard to state responsibility for acts or omissions in exercising the publicauthority, and other matters specifically referred to in the Regulation. A cause is transboundary in naturewhen one of the parties has its habitual residence in a Member State, other than the one where the courtreceives such application. The proper procedure of application resolution for the recovery of debts withreduced value is governed by the rules of procedural law of the Member State in which the proceedings areconducted, and the execution of court of law is made by state legislation in which it takes place. The

  19. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Your cystic fibrosis care team includes a group of CF health care professionals who partner with you to provide ... and Open Enrollment Periods Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel Insurance Research X close ...

  20. Risk of Contractors’ Claims On the Example of Road Works

    Science.gov (United States)

    Rybka, Iwona; Bondar-Nowakowska, Elżbieta; Pawluk, Katarzyna; Połoński, Mieczysław

    2017-10-01

    The aim of the study is to analyse claims filed by building contractors during the project implementation. The work is divided into two parts. In the first part problems associated with the management of claims in the construction process were discussed. Bearing in mind that claims may result in prolongation of the investment or exceeding planned budget, possibilities of applying information included in documents connected with claims procedure to risk management was analysed in the second part of the study. The basis of the analysis is a review of 226 documents. They originate from 8 construction sites completed in the last 5 years in southwestern Poland. In each case, these were linear road projects, executed by different contractors, according to conditions in the contract set out in the “Yellow Book” FIDIC. In the study, other documents relating events that according to contractors entitled them to claim were also analysed. They included among others: project documentation, terms of reference, construction log, reports and correspondence under the contract. The events constituting the reason for contractors` claims were classified according to their sources. 8 areas of potential threats were distinguished. They were presented in the form of a block diagram. Most events initiating the claims were reported in the following group - adverse actions of third parties, while the fewest were recorded in the group - the lack of access to the construction site. Based on calculated similarity indicators it was found that considered construction sites were diversified in terms of the number of the events occurrence that generated the claim and their sources. In recent years, many road projects are completed behind the schedule and their initially planned budgets are significantly exceeded. Conducted research indicated that data derived from the analysis of documents connected with claims can be applied to identify and classify both cost and schedule risk factors