WorldWideScience

Sample records for tort claims act

  1. 14 CFR 1261.309 - Action under the Federal Tort Claims Act.

    Science.gov (United States)

    2010-01-01

    ... Property or Personal Injury or Death-Accruing On or After January 18, 1967 § 1261.309 Action under the Federal Tort Claims Act. Where a claim is to be acted upon pursuant to the Federal Tort Claims Act, action... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Action under the Federal Tort Claims Act...

  2. 77 FR 22204 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

    Science.gov (United States)

    2012-04-13

    ... regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA). DATES: This..., Counsel for Claims and Compensation, Office of the Solicitor, U.S. Department of Labor, Room S-4325, 200... claims for loss or damage incident to service to cellular phones, personal data assistants and similar...

  3. 77 FR 22236 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

    Science.gov (United States)

    2012-04-13

    ... in any authorized Job Corps activity; (3) They are in authorized travel status; or (4) They are... Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job.... Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA...

  4. 36 CFR 530.1 - Tort claims.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Tort claims. 530.1 Section 530.1 Parks, Forests, and Public Property SMITHSONIAN INSTITUTION CLAIMS AGAINST THE SMITHSONIAN INSTITUTION INCLUDING THE NATIONAL GALLERY OF ART, THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS AND THE...

  5. 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…

  6. 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...

  7. Concurrent Claims in Contract and Tort : A Comparative Perspective

    NARCIS (Netherlands)

    Graaff, de R.

    2017-01-01

    Abstract: This contribution analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract

  8. 77 FR 39567 - Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas...

    Science.gov (United States)

    2012-07-03

    .... PHMSA-2009-0017 (PD-34(R))] Common Law Tort Claims Concerning Design and Marking of DOT Specification 39... transportation law \\1\\ preempts State common law tort claims that the manufacturer of a DOT specification 39... 49 App. U.S.C.A. 1801 et seq. A DOT specification 39 cylinder is a non-reusable (non-refillable...

  9. The impact of tort reform and quality improvements on medical liability claims: a tale of 2 States.

    Science.gov (United States)

    Illingworth, Kenneth D; Shaha, Steven H; Tzeng, Tony H; Sinha, Michael S; Saleh, Khaled J

    2015-05-01

    The purpose of this study was to determine the effect of tort reform and quality improvement measures on medical liability claims in 2 groups of hospitals within the same multihospital organization: one in Texas, which implemented medical liability tort reform caps on noneconomic damages in 2003, and one in Louisiana, which did not undergo significant tort reform during the same time period. Significant reduction in medical liability claims per quarter in Texas was found after tort reform implementation (7.27 to 1.4; Preform caps on noneconomic damages in Texas caused the largest initial decrease, increasing quality improvement measures without increasing financial burden also decreased liability claims in Louisiana. Uniquely, this study showed that increasing patient quality resulted in decreased medical liability claims. © 2014 by the American College of Medical Quality.

  10. Proving Causation in Toxic Tort Claims: Will the Judiciary Bend?

    Science.gov (United States)

    1991-04-01

    molted. Dead bees were discovered along the tracks and ties. The veterinarian testified that the cause of the symptoms experienced by the animal life on... disoriented and dizzy after drinking and showering with the water showed sufficient evidence for her claim for physical injury. Two other defendants...various jurisdictions. In Christophersen v. Allied- Signal Corp.. 17 5 the court considered a case where a worker’s widow alleged damages after her

  11. 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...

  12. 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...

  13. 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…

  14. Assessment of tort liability risk management in the Virginia Department of Transportation : final report.

    Science.gov (United States)

    1988-01-01

    The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of t...

  15. 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...

  16. 32 CFR 536.42 - Constitutional torts.

    Science.gov (United States)

    2010-07-01

    ... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.42 Constitutional torts. A claim for violation of the U.S. Constitution does not constitute a state tort and is not cognizable under... 32 National Defense 3 2010-07-01 2010-07-01 true Constitutional torts. 536.42 Section 536.42...

  17. 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.

  18. 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...

  19. 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;…

  20. 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

  1. 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.

  2. 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.…

  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

    ... and the states, or the distribution of power and responsibilities among the various levels of..., schools, or elsewhere in the community. (E) Migrant Camp Outreach: Health center staff travel to a migrant...

  5. 76 FR 10825 - Federal Tort Claims Act (FTCA) Medical Malpractice Program Regulations: Clarification of FTCA...

    Science.gov (United States)

    2011-02-28

    ... States, on the relationship between the National Government and the States, or on the distribution of... event may be held at the health center, schools, or elsewhere in the community. (v) Migrant Camp Outreach. Health center staff travel to a migrant farmworker residence camp to conduct intake screening to...

  6. The False Claims Act. An interview with Mark Kleiman.

    Science.gov (United States)

    Kleiman, M A

    1999-06-01

    JONA's Healthcare Law, Ethics, and Regulation interviewed Attorney Mark Allen Kleiman regarding the False Claims Act. Mr. Kleiman has had much experience with this Act in both prosecution and consulting. In this interview, he provides great insight into the details and interpretations of the Act, as well as implications for healthcare providers.

  7. 20 CFR 30.616 - What happens if this type of tort suit was filed prior to October 30, 2000?

    Science.gov (United States)

    2010-04-01

    ... filed prior to October 30, 2000? 30.616 Section 30.616 Employees' Benefits OFFICE OF WORKERS... 2000 CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic...

  8. 77 FR 13137 - Draft Policy on Consultation with Alaska Native Claims Settlement Act Corporations

    Science.gov (United States)

    2012-03-05

    ... 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... consultation policy also applies to corporations established under the Alaska Native Claims Settlement Act...

  9. 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...

  10. 20 CFR 30.617 - What happens if this type of tort suit was filed during the period from October 30, 2000 through...

    Science.gov (United States)

    2010-04-01

    ... filed during the period from October 30, 2000 through December 28, 2001? 30.617 Section 30.617 Employees... ILLNESS COMPENSATION PROGRAM ACT OF 2000 CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED Special Provisions Effect of Tort Suits Against...

  11. 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...

  12. 44 CFR 295.5 - Overview of the claims process.

    Science.gov (United States)

    2010-10-01

    ... from bringing a claim under the Federal Tort Claims Act or filing a civil action against the United... process. 295.5 Section 295.5 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... arbitration or heard in the United States District Court for the District of New Mexico. ...

  13. 25 CFR 900.184 - Is there a deadline for filing FTCA claims?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 2 2010-04-01 2010-04-01 false Is there a deadline for filing FTCA claims? 900.184 Section 900.184 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE... ASSISTANCE ACT Federal Tort Claims Act Coverage General Provisions § 900.184 Is there a deadline for filing...

  14. 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...

  15. 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. ...

  16. 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...

  17. 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...

  18. 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...

  19. 32 CFR 536.76 - Claims not payable under the Military Claims Act.

    Science.gov (United States)

    2010-07-01

    ... payable claim for damage, loss, or destruction of personal property in the custody of the government. (h... international agreement, unless a consistent and widespread alternative process of adjudicating and paying such...

  20. 32 CFR 536.93 - Claims not payable under the Non-Scope Claims Act.

    Science.gov (United States)

    2010-07-01

    ... recoverable by the claimant under an indemnifying law or indemnity contract. If the claim is in part legally..., or burial expenses furnished or paid by the United States. (c) Is for any element of damage...

  1. 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...

  2. 77 FR 65048 - Privacy Act; System of Records: Personal Property Claims, State-27

    Science.gov (United States)

    2012-10-24

    ... direct supervision of the system manager. The system manager has the capability of printing audit trails... system of records, Personal Property Claims, State-27, pursuant to the provisions of the Privacy Act of... State proposes that the current system will retain the name ``Personal Property Claims'' (42 FR 49715...

  3. 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.

  4. 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

  5. 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...

  6. Acquisition: Army Claims Service Military Interdepartmental Purchase Requests

    National Research Council Canada - National Science Library

    2002-01-01

    .... The Army Claims Service supports the Army and the Judge Advocate General Corps by managing the Army claims system, which includes processing tort and personnel claims, and recovering funds owed...

  7. 39 CFR 912.5 - Administrative claim; when presented.

    Science.gov (United States)

    2010-07-01

    ... Section 912.5 Postal Service UNITED STATES POSTAL SERVICE PROCEDURES PROCEDURES TO ADJUDICATE CLAIMS FOR... obtained from the local District Tort Claims Coordinator, the National Tort Center, or online at usa.gov... amended by the claimant at any time prior to: (1) The claimant's exercise of the option to file a civil...

  8. 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.

  9. 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

  10. 20 CFR 725.702 - Claims for medical benefits only under section 11 of the Reform Act.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Claims for medical benefits only under section 11 of the Reform Act. 725.702 Section 725.702 Employees' Benefits EMPLOYMENT STANDARDS... Reform Act. (a) Section 11 of the Reform Act directs the Secretary of Health, Education and Welfare to...

  11. 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)

  12. Health and life insurance as an alternative to malpractice tort law.

    Science.gov (United States)

    Sumner, Walton

    2010-06-02

    Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. Patients might be better served by purchasing combined health and life insurance policies and waiving their right to pursue malpractice claims. The combined policy should encourage the insurer to profit by inexpensively delaying policyholders' deaths. A health and life insurer would attempt to minimize mortal risks to policyholders from any cause, including medical mistakes and could therefore pursue systematic quality improvement efforts. If policyholders trust the insurer to seek, develop and reward genuinely effective care; identify, deter and remediate poor care; and compensate survivors through the no-fault process of paying life insurance benefits, then tort law is largely redundant and the right to sue may be waived. If expensive defensive medicine can be avoided, that savings alone could pay for fairly large life insurance policies. Insurers are maligned largely because of their logical response to incentives that are misaligned with the interests of patients and physicians in the United States. Patient, provider and insurer incentives could be realigned by combining health and life insurance, allowing the insurer to use its considerable information access and analytic power to improve patient care. This arrangement would address the social goals of malpractice torts, so that policyholders could rationally waive their right to sue.

  13. Economic Analysis in a Unified Conception of Tort Law

    OpenAIRE

    Geistfeld, Mark

    2003-01-01

    The controversy regarding the appropriate purpose of tort law continues to rage. Some advocate that tort rules should minimize accident costs as an instrument for maximizing social welfare and wealth. Others argue that as a matter of corrective justice, tort rules should fairly protect the individual right to physical security. These two conceptions of tort law are fundamentally incompatible and mutually exclusive. It would seem, then, that the tort system must choose between efficiency a...

  14. 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...

  15. 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

  16. 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.

  17. 26 CFR 301.6871(b)-1 - Claims for income, estate, and gift taxes in proceedings under the Bankruptcy Act and...

    Science.gov (United States)

    2010-04-01

    ... proceedings under the Bankruptcy Act and receivership proceedings; claim filed despite pendency of Tax Court... TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Jeopardy, Bankruptcy, and... Bankruptcy Act and receivership proceedings; claim filed despite pendency of Tax Court proceedings. (a) If it...

  18. The laws of robots crimes, contracts, and torts

    CERN Document Server

    Pagallo, Ugo

    2013-01-01

    This book explores ways that robot technology may affect legal systems in matters of responsibility and agency in criminal law, contractual obligations and torts. Discusses robot soldiers in battle, robo-trading of securities and service robots in torts law.

  19. 34 CFR 35.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Administrative claim; who may file. 35.3 Section 35.3 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST THE GOVERNMENT Procedures..., his duly authorized agent, or his legal representative. (c) A claim based on death may be presented by...

  20. 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)

  1. Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

    Science.gov (United States)

    Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

    2016-09-01

    A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise.

  2. Truth, Falsity, and Fraud: Off-Label Drug Settlements and the Future of the Civil False Claims Act.

    Science.gov (United States)

    Krause, Joan H

    The pharmaceutical industry may be losing the battle of public opinion, but it has won important victories in the war over First Amendment commercial speech. In December 2012, the Second Circuit held in United States v. Caronia that the misbranding provisions of the Food, Drug, and Cosmetic Act could not prohibit a sales representative’s truthful statements promoting off-label uses of his company’s products. At the same time, a parallel area of pharmaceutical litigation has curiously remained almost untouched: Civil False Claims Act (FCA) settlements based on allegations that manufacturers caused false claims to be submitted by promoting their drugs off-label. Yet logic suggests that if manufacturers have a First Amendment right to discuss off-label drug uses, claims submitted when drugs are prescribed for those uses should not be considered false. This inconsistency is problematic and likely unsustainable. If manufacturers are emboldened by Caronia to challenge off-label FCA suits, the focus likely will be on the truth of the company’s statements. Despite its name, however, FCA is unsuited to addressing disputes over medical and scientific data. To maintain the integrity of this key anti-fraud enforcement tool, it is crucial to separate the truth of the claims for payment from the truth of the manufacturer’s underlying scientific statements. Because Medicare and Medicaid coverage determinations rely heavily on FDA approval, however, those issues are inextricably intertwined. This article explores why off-label promotion has been treated inconsistently in these contexts, and how this trend highlights the limitations of the FCA as a panacea for health care fraud.

  3. Inheriting workplace risks: The effect of workers` compensation {open_quotes}exclusive remedy{close_quotes} clauses on the preconception tort after Johnson Controls

    Energy Technology Data Exchange (ETDEWEB)

    Stern, C.; Tierney, C.M.G. [McKenna & Cuneo, Washington, DC (United States)

    1993-12-31

    This article explores whether exclusive remedy clauses will bar a tort action by a child seeking recovery for injury caused by his or her parent`s occupational exposure to mutagenic or toxic agents before the child`s conception in the same manner that the clauses bar spouses` loss of consortium suits. Because both the child`s right to recover for injury and the spouse`s right to recover for loss of consortium depend on proof of employer negligence toward the employee, a comparison of the two rights provides a framework for analyzing the effect exclusive remedy clauses could have on the preconception tort action. Part I of this article discusses exclusive remedy clauses of workers` compensation acts and illustrates how it might be asserted as a defense to a preconception tort action. Part II traces the development of the preconception tort action and its underlying theory of liability. Part III reviews how exclusive remedy clauses have served to bar loss of consortium suits. Part IV analyzes the applicability of exclusive remedy clauses to the preconception tort action. This article concludes that, absent revision to workers` compensation statutes or judicial reliance on public policy to distinguish loss of consortium and preconception tort suits, exclusive remedy clauses probably will be held to bar recovery in preconception tort actions. 121 refs.

  4. 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...

  5. 33 CFR 25.405 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... wrongful act of the claimant, claimant's agent, or claimant's employee, unless comparative negligence is... at the expense of the United States; (g) Is one of the following exceptions to the Federal Tort...

  6. 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.

  7. “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.

  8. 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)

  9. 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)

  10. Employee Retirement Income Security Act of 1974; rules and regulations for administration and enforcement; claims procedure. Final regulation; delay of applicability date.

    Science.gov (United States)

    2001-07-09

    This action delays for at least six months and not more than one year the applicability date for the regulation governing minimum requirements for benefit claims procedures of group health plans covered by Title I of the Employee Retirement Income Security Act. As published on November 21, 2000, the benefit claims procedure would be applicable to claims filed on or after January 1, 2002. The current action amends the regulation so that it will apply to group health claims filed on or after the first day of the first plan year beginning on or after July 1, 2002, but in no event later than January 1, 2003. This action provides a limited additional period within which group health plan sponsors, administrators, and service providers can bring their claims processing systems into compliance with the new requirements. A postponement of the applicability date with respect to group health claims will allow a more orderly transition to the new standards and will avoid the confusion and additional expense that would be caused if certain pending Congressional bills are enacted before or soon after the original applicability date. This action does not apply to pension plans or plans providing disability or welfare benefits (other than group health). For these plans, the regulation will continue to be applicable to claims filed on or after January 1, 2002.

  11. 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.

  12. 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...

  13. 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.

  14. 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...

  15. 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...

  16. 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)

  17. 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

  18. 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...

  19. 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

  20. 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

  1. 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

  2. Employee Retirement Income Security Act of 1974; rules and regulations for administration and enforcement; claims procedure--Department of Labor. Notice of proposed rulemaking.

    Science.gov (United States)

    1998-09-09

    This document contains a proposed 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). This proposed regulation would establish new standards for the processing of group health disability, pension, and other employee benefit plan claims filed by participants and beneficiaries. In the case of group health plans, as well as certain plans providing disability benefits, the new standards are intended to ensure more timely benefit determinations, improved access to information on which a benefit determination is made, and greater assurance that participants and beneficiaries will be afforded a full and fair review of denied claims. If adopted as final, the proposed regulation would affect participants and beneficiaries of 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.

  3. 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...

  4. 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…

  5. 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

  6. 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…

  7. 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.

  8. Enhancing press freedom through greater privacy law: a UK perspective on an Australian privacy tort

    OpenAIRE

    Wragg, PM

    2014-01-01

    In light of previous inquiries identifying areas of concern in Australia’s privacy law provisions, the Australian Law Reform Commission (‘ALRC’) recently devised a new tort that, if implemented, would better protect individuals from serious invasions of privacy. Although the tort was designed principally with new technologies in mind, there has been vociferous concern that such a tort might unduly inhibit press freedom. This response is familiar to United Kingdom (‘UK’) commentators who have ...

  9. 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. ...

  10. 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

  11. 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...

  12. Reducing injustice from recent legislation subsidising insurance and restricting civil liability?: Baker-Morrison v NSW [2009] Aust Torts Reports 81-999; Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001.

    Science.gov (United States)

    Faunce, Thomas; Townsend, Ruth; Reardon, Konrad

    2010-05-01

    Shortly after the start of the new millennium, the Howard Federal Government in Australia was faced with a so-called "crisis" in medical indemnity insurance which may, in fact, have been due to corporate mismanagement. After a four-person review by a committee chaired by Justice Ipp (who currently serves as a justice on the New South Wales Court of Appeal), it agreed to subsidise the indemnity costs of Australian doctors but the quid pro quo was tort law reform legislation in Australian States. That raft of legislation significantly reduced the capacity of people (particularly patients) who were injured as a result of negligence to receive compensation. The new legislative scheme has been criticised as unjust in extra-curial speeches by senior judges involved in hearing civil litigation in Australia. A resulting hypothesis is that, in cases involving this legislative framework, judges might attempt to make it more just through interpretations enabling the recovery of reasonable damages by injured persons. In this column two such cases involving the Civil Liability Act 2002 (NSW) are discussed. The cases in question (Baker-Morrison v New South Wales [2009] Aust Torts Reports 81-999; [2009] NSWCA 35 and Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001; [2009] NSWCA 50), though not involving negligence by medical practitioners, are presented as possible examples of judges enhancing justice in the application of this legislation. The importance is emphasised of judges in medical and other civil liability cases highlighting the hardships and inequities this legislation is found to create for injured people, as a necessary precursor to abolition of this scheme and its eventual replacement with a presumptively more equitable no-fault scheme for compensation, particularly for medically-induced injury in Australia.

  13. 77 FR 26181 - Authorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort...

    Science.gov (United States)

    2012-05-03

    ... regulations to clarify the authority of the respective agency heads of the Bureau of Prisons, the Federal Prison Industries, the United States Marshals Service, the Drug Enforcement Administration, the Federal... where the United States, if a private person, would be liable to the claimant in accordance with the law...

  14. 76 FR 52580 - Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the...

    Science.gov (United States)

    2011-08-23

    ... From the Federal Register Online via the Government Publishing Office POSTAL SERVICE 39 CFR Part 912 Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the... directed to: General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St...

  15. 5 CFR 370.106 - Terms and conditions.

    Science.gov (United States)

    2010-01-01

    ..., chapter 73 (Suitability, Security, and Conduct); (ii) Title 18, United States Code, section 201 (Bribery... Tort Claims Act and any other Federal tort liability statute; (v) The Ethics in Government Act of 1978...

  16. 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...

  17. 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.

  18. 32 CFR 750.23 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... Tort Claims Act § 750.23 Definitions. (a) Negligent conduct. Generally, negligence is the failure to.... 1346(b) and 2674. (b) Intentional torts. Although any employee who commits an intentional tort is... compensation for injuries arising out of the intentional torts of assault, battery, false imprisonment, false...

  19. 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

  20. 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...

  1. 45 CFR 2554.3 - What is a claim?

    Science.gov (United States)

    2010-10-01

    ... PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Overview and Definitions § 2554.3 What is a claim? (a) Claim... it is received by the Corporation, an agent, fiscal intermediary, or other entity acting for the...

  2. CAFDATS, Converter of Angular Fluxes of DORT, ANISN and TORT Systems

    International Nuclear Information System (INIS)

    2008-01-01

    1 - Description of program or function: CAFDATS is a converter of angular fluxes of the DORT, ANISN and TORT systems. It works similarly to the TORSED or TORSET program in the DOORS code systems, and is designed to calculate the boundary source for the ANISN and DORT codes from the calculated fluxes by the DORT or TORT code. 2 - Methods: CAFDATS is designed to calculate the boundary source for the ANISN and DORT codes from the calculated fluxes by DORT or TORT. There are five sub-programs in the program package: - TXTODR converts calculated fluxes in the Cartesian geometry (X, Y, Z) of TORT code to the boundary source in the cylindrical geometry (R, Z) of DORT code, - TRTODR converts calculated fluxes in the cylindrical geometry (R, Theta, Z) of TORT code to the boundary source in the cylindrical geometry (R, Z) of DORT code, - TRTOAR converts calculated fluxes in the cylindrical geometry (R, Theta, Z) of TORT code to the boundary source in the infinite cylindrical geometry (R) of ANISN code, - TXTOAX converts calculated fluxes in the Cartesian geometry (X, Y, Z) by TORT code to the boundary source in the infinite plane geometry (X) of ANISN code, - DRTODR converts calculated fluxes in the cylindrical geometry (R, Z) by DORT code to the boundary source in the cylindrical geometry (R, Z) of DORT code. The angular fluxes for the boundary source of the secondary calculation are linearly interpolated from the nearest-neighbor angular fluxes in the angular and spatial meshes of the primary calculation. 3 - Restrictions on the complexity of the problem: There are some limitations on the dimensions of certain arrays, but these dimensions can be increased to meet user's requirements

  3. Calculation of reactor pressure vessel fluence using TORT code

    International Nuclear Information System (INIS)

    Shin, Chul Ho; Kim, Jong Kyung

    1998-01-01

    TORT is employed for fast neutron fluence calculation at the reactor pressure vessel. KORI Unit 1 reactor at cycle 1 is modeled for this calculation. Three-dimensional cycle averaged assembly power distributions for KORI Unit 1 at cycle 1 are calculated by using the core physics code, NESTLE 5.0. The root mean square error is within 4.3% compared with NDR (Nuclear Design Report) for all burnup steps. The C/E (Calculated/Experimental) values for the in-vessel dosimeters distribute between 0.98 and 1.36. The most updated cross-section library, BUGLE-96 based on ENDF/B-VI is used for the neutron fluence calculation. The maximum fast neutron fluence calculated on reactor pressure vessel for KORI Unit 1 operated for 411.41 effective full power days is 1.784x10 18 n/cm 2 . The position of the maximum neutron fluence in RPV wall 1/4 T is nearby 60 cm below the midplane at zero degree

  4. 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

  5. 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...

  6. 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

  7. 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...

  8. 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 (10 U.S.C. 4803-4804) applies worldwide and includes claims that arise on high seas or within the...

  9. 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

  10. 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.…

  11. 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).…

  12. 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 ...

  13. 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)

  14. 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

  15. 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

  16. 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.

  17. 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...

  18. 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...

  19. 42 CFR 6.6 - Covered acts and omissions.

    Science.gov (United States)

    2010-10-01

    ..., and that it would therefore be covered by paragraph (d)(2) of this section. (3) A homeless health... 42 Public Health 1 2010-10-01 2010-10-01 false Covered acts and omissions. 6.6 Section 6.6 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS FEDERAL TORT...

  20. 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...

  1. 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...

  2. 32 CFR 750.44 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... Claims Act. 10 U.S.C. 2734a and 2734b. (6) Federal Employees' Compensation Act. 5 U.S.C. 8101-8150. (7) Longshore and Harbor Workers' Compensation Act. 33 U.S.C. 901-950. (e) Any claim for damage to or loss or...) and (3)]. (f) Any claim for rent of real or personal property [except as provided in § 750.43(b) (2...

  3. 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

  4. 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...

  5. Tratamiento del tortícolis congénito mediante control estimular y fisioterapia

    Directory of Open Access Journals (Sweden)

    MARÍA ASUNCIÓN VÁZQUEZ VILÀ

    2004-01-01

    Full Text Available Presentamos un caso clínico de tortícolis congénito y su tratamiento mediante control estimular y fisioterapia, por la alta frecuencia del tortícolis en la práctica clínica y por los buenos resultados que en general presenta el tratamiento conservador en estos casos, principalmente cuando éste se inicia de forma precoz. El caso presentado es de una niña con tortícolis congénito izquierdo, sin patologías asociadas, en tratamiento desde los 15 días hasta los nueve meses de edad, con una buena evolución. Mostramos los antecedentes, exploración y pruebas complementarias realizadas, el tratamiento, que se ha dividido en varios períodos (15 días- 2 meses; 2-4 meses; 4-9 meses, la orientación a los padres y la evolución de la niña. Como conclusión fundamental destacar la importancia del diagnóstico y tratamiento precoces, y la orientación a los padres para que estimulen al niño adecuadamente y colaboren en el tratamiento.

  6. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Open Enrollment Periods Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel Insurance Research X ... with CF and her father: Demonstrate and discuss common ACT therapies Offer their tips for fitting ACTs ...

  7. 40 CFR 307.40 - Payment of approved claims.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Payment of approved claims. 307.40 Section 307.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SUPERFUND, EMERGENCY... LIABILITY ACT (CERCLA) CLAIMS PROCEDURES Payments and Subrogation § 307.40 Payment of approved claims. (a...

  8. 32 CFR 842.110 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ...) Claims for personal injury or death of a person covered by: (1) The Federal Employees' Compensation Act... for loss of rental fee for personal property. (m) Claims in litigation against the United States. (n... 32 National Defense 6 2010-07-01 2010-07-01 false Claims not payable. 842.110 Section 842.110...

  9. 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,...

  10. 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.

  11. 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...

  12. 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...

  13. 75 FR 27946 - Defense Federal Acquisition Regulation Supplement; Restrictions on the Use of Mandatory...

    Science.gov (United States)

    2010-05-19

    ... to arbitration for claims under title VII of the Civil Rights Act of 1964, or tort related to or... through arbitration-- (i) Any claim under title VII of the Civil Rights Act of 1964; or (ii) Any tort... 0750-AG70 Defense Federal Acquisition Regulation Supplement; Restrictions on the Use of Mandatory...

  14. 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

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

    Energy Technology Data Exchange (ETDEWEB)

    Blakeman, E.D.

    2000-05-07

    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. 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...

  17. 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…

  18. 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...

  19. 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...

  20. 36 CFR 1009.5 - Indemnification of Presidio Trust directors and employees.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 1009.5 Indemnification of Presidio Trust directors and... named as a defendant in any civil suit in state or federal court or an arbitration proceeding or other...

  1. 16 CFR 260.5 - Interpretation and substantiation of environmental marketing claims.

    Science.gov (United States)

    2010-01-01

    ... environmental marketing claims. 260.5 Section 260.5 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR THE USE OF ENVIRONMENTAL MARKETING CLAIMS § 260.5 Interpretation and substantiation of environmental marketing claims. Section 5 of the FTC Act makes unlawful deceptive acts and...

  2. Annuity as a form of compensation for future loss caused by torts

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2013-01-01

    Full Text Available This paper analyzes annuity, as a periodical obligation, which can emanate either from a contract, as in the case of maintainance or life annuity contract, or from tort. In the latter case, it has the function to provide compensation for future loss, but not in a single payment, which is regularly the consequence of liability for torts. The justification for such successive means of compensation is that by certain types of torts, such as in the case of disability or decreased ability to work, damage does not appear in one given moment, but accrues periodically, as successive future loss. An employee, for example, suffering personal injury, may become disabled to work or their ability to work may decrease, thereby they may earn less than previously. Damage in this case accrues each month in the amount of the difference between the wages earned before and after the injury. The author differentiates between successive annuity, as a rule, and cumulative annuity (lump sump, as an exception, justified by special considerations on the side of the injured, such as the need to bear the costs of professional retraining, for example. Regarding the determination of the amount of monthly annuity, the subject of analysis was the method of actuarial calculation, which takes into account both present damage and future loss. Due to the hypothetical nature of some elements of such determination, the law allows a subsequent revision of judgment on the amount of annuity, which has become conclusive, if the circumstances concerning the injured person's ability to work has changed substantially in the meantime. For instance, due to the subsequent deterioration of injured person's ability to work, they may earn less or may not earn at all. Such subsequent revision of the judgment does not break through the rules on legal finality of judgments, since the effect of legal finality does not comprise new circumstances of the case. The author supports the standpoint that

  3. 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.

  4. 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.

  5. 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

  6. 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

  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. 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...

  10. Nutrient Content Claims

    Science.gov (United States)

    ... 8, 2014 Articles from Diabetes Forecast® magazine: wcie-nutrition, . In this section Food What Can I Eat Food Tips Eating Out Quick Meal Ideas Cutting Back on Sodium Nutrient Content Claims Snacks Taking ...

  11. Closed Claim Query File

    Data.gov (United States)

    Social Security Administration — This file is used to hold information about disability claims that have been closed and have been selected for sampling.Sampling is the process whereby OQR reviews...

  12. 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...

  13. 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...

  14. 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...

  15. 20 CFR 321.2 - Filing claims for benefits electronically.

    Science.gov (United States)

    2010-04-01

    ... Board's Internet Web site, http://www.rrb.gov, utilizing a User ID and a PIN/Password. (b) Adjudication... UNEMPLOYMENT INSURANCE ACT ELECTRONIC FILING OF APPLICATIONS AND CLAIMS FOR BENEFITS UNDER THE RAILROAD...

  16. 32 CFR 842.14 - Claims and assistant claims officers.

    Science.gov (United States)

    2010-07-01

    ... Force, or civilian attorneys employed by the United States in authorized attorney positions at the... LITIGATION ADMINISTRATIVE CLAIMS Functions and Responsibilities § 842.14 Claims and assistant claims officers. (a) Functions and responsibilities: (1) The claims officer, under the immediate supervision of the...

  17. 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.

  18. 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.

  19. 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.

  20. 28 CFR 79.12 - Criteria for eligibility for claims relating to leukemia.

    Science.gov (United States)

    2010-07-01

    ... relating to leukemia. 79.12 Section 79.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT Eligibility Criteria for Claims Relating to Leukemia § 79.12 Criteria for eligibility for claims relating to leukemia. To establish eligibility for...

  1. 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...

  2. 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... received by SBA, an agent, fiscal intermediary, or other entity acting for SBA, or when it is received by...

  3. Tortícolis paroxístico benigno de la infancia

    Directory of Open Access Journals (Sweden)

    Albia J. Pozo Alonso

    2001-12-01

    Full Text Available El tortícolis paroxístico benigno de la infancia es un trastorno funcional episódico que se presenta durante los primeros meses de la vida. Aparece de forma brusca y espontánea. El paciente inclina la cabeza hacia un lado durante unas horas o días. Puede asociarse con palidez, vómitos, ataxia e irritabilidad. Estos cuadros son recurrentes y se van espaciando hasta desaparecer a la edad de 2 ó 3 años. Es más frecuente en el sexo femenino. En su patogenia se ha planteado la existencia de una disfunción vestibular periférica, así como la presencia de alteraciones vasculares de las conexiones vestibulocerebelosas. El origen genético también se ha sugerido. Se presenta una lactante de 7 meses de edad que reúne los criterios clínicos de esta entidad. Se revisa la literatura médica en relación con este proceso, así como sus principales diagnósticos diferenciales.Bening paroxysmal torticollis of infancy is an episodic functional disorder that appears during the first months of life in a sudden and spontaneous way. The patient inclines the head towards a side for some hours or days. It may be associated with paleness, vomiting, ataxia and irritability. These pictures are recurrent and disappear gradually up to the age of 2 or 3. It is more frequent among females. In its pathogeny, it has been stated the existance of a peripheral vestibular dysfunction, as well as the presence of vascular alterations of the vestibulocerebellar conexions. The genetic origin has also been suggested. A 7-month-old female infant that meets the clinical criteria of this entity is presented. The medical literature related to this process and its main differential diagnoses are reviewed.

  4. Eficacia de los estiramientos como tratamiento de la tortícolis muscular congénita

    OpenAIRE

    García Domínguez, Elsa

    2016-01-01

    La tortícolis muscular congénita (TMC) es una deformidad que se detecta al nacer o poco después del nacimiento. Se caracteriza por la flexión lateral o inclinación de la cabeza hacia un lado y la rotación cervical hacia el otro lado como consecuencia del acortamiento y engrosamiento unilateral o contracción excesiva del músculo esternocleidomastoideo (ECM). Esto produce una limitación de la amplitud de movimiento, tanto en rotación como en flexión lateral y también hay un desequilibrio de la ...

  5. Health claims as communication tools that enhance brand loyalty

    DEFF Research Database (Denmark)

    Krystallis, Athanasios; Chrysochou, Polymeros

    2011-01-01

    strategy. Brands carrying a health claim are thus expected to have an advantage over their counterparts. In this study, we aim to investigate whether health claims, with emphasis on the low-fat claims, can act as a means to improve the performance of brands and further enhance their loyalty levels. Based......: a) fat content; b) enrichment; and c) way of processing. Then, the Dirichlet model's fit to the empirical data is examined, leading to the theoretical estimation of loyalty measures. Findings suggest that, on average, brands with a low-fat claim perform better in the market compared with their high......-fat counterparts. Moreover, in comparison with other health-related attributes the fat content attribute exhibits slightly higher loyalty, signifying the importance of the "low-fat" claim as a means of communication....

  6. 28 CFR 79.2 - General definitions.

    Science.gov (United States)

    2010-07-01

    ... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION... Department of Justice Appropriations Authorization Act, Public Law 107-273. (b) Child means a recognized... Program means the component of the Constitutional and Specialized Torts Litigation Section of the Torts...

  7. Economic analysis of the principles of liability in tort in the backdrop of liability for compensation for damage occurring as a result of the activities of one entity to the goods of another entity

    Directory of Open Access Journals (Sweden)

    Joanna Kuźmicka-Sulikowska

    2012-12-01

    Full Text Available The article addresses basic issues associated with the economic analysis of liability in tort principles. The deliberations focus on an attempt to define the economic and social consequences of introducing various combinations of principles of tortious liability for damage suffered as a result of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault. The analyses were conducted based on unilateral and bilateral models. Factors coming into play in determining the economically effective level of carefulness in actions are discussed. A series of other factors of significant relevance for the choice of an optimal principle of liability from the economic point of view are also highlighted. In this context the role of the level of activity of entities, availability of insurance policies and costs associated with pursuing compensation claims are discussed. The deliberations are concluded with a summary, which also entails a critical look at the method of economic analysis of law.

  8. Administrative-Contractual Legal Relations with the Participation of the Internal Affairs’ Bodies in Administrative-Tort Sphere

    Directory of Open Access Journals (Sweden)

    Popov Aleksandr I.

    2018-03-01

    Full Text Available The article examines the problems of application of administrative-contractual legal relations in the activities of internal affairs’ bodies. It is proved that for participation in the administrative-contractual legal relations of the organs of internal affairs should have relevant expertise. The conclusion about the presence of activities of internal affairs’ bodies and public-service administrative-contractual legal relations, international administrative-contractual legal relations, coordination of administrative-contractual legal relations, administrative-contractual legal relations in the sphere of science and education and competency of administrativecontractual legal relations. Agreement in the administrative-tort industry with the participation of the internal affairs bodies should be recognized competency administrative-contractual legal relations, the content of which are the rights and obligations of the parties for the transfer of the powers for drawing up protocols on administrative offenses, responsibility for which is stipulated by the legislation of constituent entities. Analysis of administrativecontractual legal relations in administrative-tort field allows to conclude that the administrative and contractual regulation is an essential element of administrative activity of internal affairs bodies.

  9. Modeling number of claims and prediction of total claim amount

    Science.gov (United States)

    Acar, Aslıhan Şentürk; Karabey, Uǧur

    2017-07-01

    In this study we focus on annual number of claims of a private health insurance data set which belongs to a local insurance company in Turkey. In addition to Poisson model and negative binomial model, zero-inflated Poisson model and zero-inflated negative binomial model are used to model the number of claims in order to take into account excess zeros. To investigate the impact of different distributional assumptions for the number of claims on the prediction of total claim amount, predictive performances of candidate models are compared by using root mean square error (RMSE) and mean absolute error (MAE) criteria.

  10. 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...

  11. 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.

  12. 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…

  13. Claiming health in food products

    DEFF Research Database (Denmark)

    Lähteenmäki, Liisa

    2013-01-01

    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...... the information, but we still know relatively little about consumer understanding of the message content in claims and even less about the assessment of personal relevance of the claimed benefits. In future studies more emphasis should be put on including contextual influences and realistic conditions...

  14. 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.

  15. Claims, Frames, and Blame

    Directory of Open Access Journals (Sweden)

    Bradley C. Freeman

    2017-01-01

    Full Text Available As economies in Southeast Asia develop, there is renewed interest in the impact such growth has on nature. This study seeks to investigate how environmental issues have been covered in the English-language press of the region. Are some countries providing greater print news coverage versus others? Are there detectable patterns or noticeable biases in the coverage? What sources are relied upon in the print media stories? And what frames do we see in the coverage? This study identified general coverage patterns of the environment over a 10-year period (2002-2012, in several of the region’s English-language newspapers. News stories were analyzed to discern the nature of the coverage, coding for several variables as indicated by previous literature. Results indicate that use of the term climate change became preferred over that of global warming. In addition, coverage increased greatly starting in 2006. Government officials were most often the sources quoted within stories (Claims. Articles contained more “judgments” about the issue than “solutions” (Frames. Finally, though most articles eschewed mentioning a specific actor as causing climate change, “man” was implicated in a number of stories more often than simply “nature” (Blame.

  16. 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

  17. 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

  18. 22 CFR 40.63 - Misrepresentation; Falsely claiming citizenship.

    Science.gov (United States)

    2010-04-01

    ... NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED Illegal Entrants and Immigration Violators § 40.63 Misrepresentation; Falsely claiming citizenship. (a) Fraud and misrepresentation... of the U.S. immigration laws, or investigation of the alien's record at the place of former residence...

  19. 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...

  20. 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...

  1. 27 CFR 44.154 - Claim for refund of tax.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF THE TREASURY (CONTINUED) TOBACCO EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES... Claim for refund of tax. The taxes paid on tobacco products, and cigarette papers and tubes may be... (otherwise than by theft) or destroyed, by fire, casualty, or act of God, while in the possession or...

  2. 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...

  3. 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...

  4. Medicare Hospital Spending by Claim

    Data.gov (United States)

    U.S. Department of Health & Human Services — Also known as Medicare Spending per Beneficiary (MSPB) Spending Breakdowns by Claim Type file. The data displayed here show average spending levels during...

  5. 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...

  6. 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...

  7. 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...

  8. 26 CFR 26.6696-1 - Claims for credit or refund by tax return preparers.

    Science.gov (United States)

    2010-04-01

    ... (CONTINUED) ESTATE AND GIFT TAXES GENERATION-SKIPPING TRANSFER TAX REGULATIONS UNDER THE TAX REFORM ACT OF 1986 § 26.6696-1 Claims for credit or refund by tax return preparers. (a) In general. For rules for... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Claims for credit or refund by tax return...

  9. 32 CFR 537.17 - Scope for civil works claims of maritime nature.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Scope for civil works claims of maritime nature. 537.17 Section 537.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS... nature. Under the River and Harbors Act (33 U.S.C. 408), the United States has the right to recover fines...

  10. 29 CFR 1620.20 - Pay differentials claimed to be based on extra duties.

    Science.gov (United States)

    2010-07-01

    ... COMMISSION THE EQUAL PAY ACT § 1620.20 Pay differentials claimed to be based on extra duties. Additional... of the higher paid sex receive the higher pay without doing the extra work; (b) Members of the lower... 29 Labor 4 2010-07-01 2010-07-01 false Pay differentials claimed to be based on extra duties. 1620...

  11. 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...

  12. 26 CFR 301.6873-1 - Unpaid claims in bankruptcy or receivership proceedings.

    Science.gov (United States)

    2010-04-01

    ... additions to the tax may be collectible in equity or under other provisions of law although no claim was... chapter X of the Bankruptcy Act, a tax or a liability in respect thereof is not discharged by a proceeding... running of the period of limitation on the collection of taxes are applicable, whether or not a claim is...

  13. Administrative review process for adjudicating initial disability claims. Final rule.

    Science.gov (United States)

    2006-03-31

    The Social Security Administration is committed to providing the high quality of service the American people expect and deserve. In light of the significant growth in the number of disability claims and the increased complexity of those claims, the need to make substantial changes in our disability determination process has become urgent. We are publishing a final rule that amends our administrative review process for applications for benefits that are based on whether you are disabled under title II of the Social Security Act (the Act), or applications for supplemental security income (SSI) payments that are based on whether you are disabled or blind under title XVI of the Act. We expect that this final rule will improve the accuracy, consistency, and timeliness of decision-making throughout the disability determination process.

  14. 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

  15. 32 CFR 536.77 - Applicable law for claims under the Military Claims Act.

    Science.gov (United States)

    2010-07-01

    ... statutory provisions of the MCA are followed. (iii) The collateral source doctrine is not applicable. (iv... person that causes diminishment of beauty or symmetry of appearance rendering the person unsightly...

  16. 32 CFR 842.87 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Claims Under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2402, 2671, 2672, 2674-2680) § 842.87... reconsideration and an appeal are the same thing. (d) Negligence. A departure from the conduct expected from a...

  17. 13 CFR 114.110 - What is SBA's policy with respect to indemnifying and providing legal representation to SBA...

    Science.gov (United States)

    2010-01-01

    ... federal court or any arbitration proceeding; (2) Settle or compromise the claim; and/or (3) Pay for, or... Credit and Assistance SMALL BUSINESS ADMINISTRATION ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES Representation and Indemnification of SBA...

  18. 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...

  19. Determinants of consumer understanding of health claims

    DEFF Research Database (Denmark)

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

    2011-01-01

    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...

  20. 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.

  1. 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.

  2. 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)

  3. 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.

  4. 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...

  5. 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....

  6. Digital mining claim density map for federal lands in Oregon: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Oregon as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill and tunnel sites must be recorded at the appropriate Bureau of Land Management (BLM) State office. BLM maintains a cumulative computer listing of mining claims in the Mining Claim Recordation System (MCRS) database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  7. Digital mining claim density map for federal lands in Wyoming: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Wyoming as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the Mining Claim Recordation System (MCRS) database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  8. Digital mining claim density map for federal lands in Washington: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Washington as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the Mining Claim Recordation System (MCRS) database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  9. Digital mining claim density map for federal lands in Colorado: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Colorado as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the Mining Claim Recordation System (MCRS) database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  10. Digital mining claim density map for federal lands in Idaho: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Idaho as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill and tunnel sites must be recorded at the appropriate Bureau of Land Management (BLM) State office. BLM maintains a cumulative computer listing of mining claims in the Mining Claim Recordation System (MCRS) database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  11. 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.

  12. 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

  13. La odisea de los hermanos Tort y la Fábrica de Hilados y Tejidos La Providencia en Chiapas a finales del siglo XIX

    OpenAIRE

    Luis Llanos Hernández

    2013-01-01

    Este artículo busca explicar el proceso de construcción de la Fábrica de Hilados y Tejidos de Algodón La Providencia emprendida por los hermanos Tort en Chiapas. Fue la fábrica más moderna construida en el estado a finales del siglo XIX, obra de un ideal modernizador que corresponde al pensamiento de la época y forma parte del contexto histórico del México que se configura entre las tres últimas décadas del siglo XIX y la primera del siglo XX, el cual se reproduce de manera particular en Chia...

  14. 19 CFR 24.73 - Miscellaneous claims.

    Science.gov (United States)

    2010-04-01

    ... CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE § 24.73 Miscellaneous claims. Every claim of whatever nature... Headquarters, U.S. Customs Service, together with all supporting documents and information available. ...

  15. [The analysis of international legislation in the field of regulation of functional foods claims].

    Science.gov (United States)

    Bagriantseva, O V; Mazo, V K; Shatrov, G N

    2012-01-01

    It is known that manufacturers quite often put into foodstuff marking or advertisement the information about its beneficial action into the consumers health, i.e. about its functional qualities. However in Russian Federation the rules are regulated using of term "functional foods" doesn't established. In the review of legislation acts which are regulated of using claims in the foodstuff marking or advertisement in the different countries have been shown that claims concerning of energy and nutritional values of foods (beneficial nutrition claims) should be used in compliance with established rules without additional investigations. Food health claims referring to the reduction of disease risk and (or) functional foods claims for children must maintain in compliance with established procedure. Only claims that have scientific evidence about its beneficial for health could be recommended for approval. Thereupon insistent necessity in development, discussion and approval regulation in the field of using Claims concerning the functional qualities of foods (described rules of using beneficial nutrition claims and claims referring to the reduction of disease risk and to children's development and growth) in Russian Federation and United Customs Union (EurAsEU) are obvious.

  16. Digital mining claim density map for federal lands in Utah: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Utah as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the MCRS database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  17. Digital mining claim density map for federal lands in Arizona: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Arizona as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the MCRS database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  18. Digital mining claim density map for federal lands in California: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in California as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the MCRS database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  19. Digital mining claim density map for federal lands in Nevada: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in Nevada as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate Bureau of Land Management (BLM) State office. BLM maintains a cumulative computer listing of mining claims in the MCRS database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  20. Digital mining claim density map for federal lands in New Mexico: 1996

    Science.gov (United States)

    Hyndman, Paul C.; Campbell, Harry W.

    1999-01-01

    This report describes a digital map generated by the U.S. Geological Survey (USGS) to provide digital spatial mining claim density information for federal lands in New Mexico as of March 1997. Mining claim data is earth science information deemed to be relevant to the assessment of historic, current, and future ecological, economic, and social systems. There is no paper map included in this Open-File report. In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), all unpatented mining claims, mill, and tunnel sites must be recorded at the appropriate BLM State office. BLM maintains a cumulative computer listing of mining claims in the MCRS database with locations given by meridian, township, range, and section. A mining claim is considered closed when the claim is relinquished or a formal BLM decision declaring the mining claim null and void has been issued and the appeal period has expired. All other mining claims filed with BLM are considered to be open and actively held. The digital map (figure 1.) with the mining claim density database available in this report are suitable for geographic information system (GIS)-based regional assessments at a scale of 1:100,000 or smaller.

  1. 22 CFR 33.8 - Claim procedures.

    Science.gov (United States)

    2010-04-01

    ... authenticated English translation. Claims must include: (1) The captain's sworn statement about the exact..., including: (i) The date and cost of acquisition supported by invoices or other acceptable proof of ownership... UNDER SECTION 7 § 33.8 Claim procedures. (a) Where and when to apply. Claims must be submitted to the...

  2. 38 CFR 14.665 - Claims.

    Science.gov (United States)

    2010-07-01

    ... writing on VA Form 2-4760, Employee's Claim for Reimbursement for Personal Property Damaged or Lost... 2 years after it accrues, and if good cause is shown, the claim may be presented not later than 2... of the reasonable market value of the article or articles. (3) A statement as to any claims or...

  3. 10 CFR 15.39 - Bankruptcy claims.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Bankruptcy claims. 15.39 Section 15.39 Energy NUCLEAR REGULATORY COMMISSION DEBT COLLECTION PROCEDURES Administrative Collection of Claims § 15.39 Bankruptcy claims. When the NRC learns that a bankruptcy petition has been filed with respect to a debtor, before...

  4. 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…

  5. Definition of Terrorist Act under Eth Law

    African Journals Online (AJOL)

    Wondwossen_D_K

    Abstract. While regional and international human rights institutions claim that the definition of a terrorist act under the Anti-terrorism Proclamation No. 652/2009 is overly broad as a result of which citizens not involved in a genuinely terrorist act are prosecuted and jailed, the Ethiopian government defends the law pointing ...

  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. 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.

  8. 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.

  9. Perception of health claims among Nordic consumers

    DEFF Research Database (Denmark)

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

    2009-01-01

    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....... 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......, the claims differed in the health benefit addressed (cardiovascular health, dementia, bodyweight). Results showed that respondents could be grouped into two roughly equally sized classes that differed in the type of claim preferred: one class prefers 'long' claims that give the full story consisting...

  10. 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.

  11. 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.

  12. 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

  13. 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.

  14. CLAIMS OF SUSTAINABLE FACILITIES MANAGEMENT

    DEFF Research Database (Denmark)

    Nielsen, Susanne Balslev

    -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......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...

  15. 43 CFR 22.6 - Policy.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Policy. 22.6 Section 22.6 Public Lands: Interior Office of the Secretary of the Interior ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT..., who is personally named as a defendant in any civil suit in state or federal court or an arbitration...

  16. 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...

  17. 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...

  18. 32 CFR 516.4 - Responsibilities.

    Science.gov (United States)

    2010-07-01

    ... settlement of claims under the Federal Tort Claims Act. (h) Chief, Contract Law Division, OTJAG. The Chief, Contract Law Division, attorneys assigned to the Contract Law Division, and other attorneys designated by the Chief, Contract Law Division, in litigation involving taxation, will represent DA in negotiation...

  19. 46 CFR 204.7 - Delegation of authority.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Delegation of authority. 204.7 Section 204.7 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION POLICY, PRACTICE AND PROCEDURE CLAIMS AGAINST THE MARITIME ADMINISTRATION UNDER THE FEDERAL TORT CLAIMS ACT § 204.7 Delegation of authority. (a) Subject to written approval of the Attorney General...

  20. 15 CFR 2.2 - Provisions of law and regulations thereunder.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Provisions of law and regulations... HANDLING AND SETTLEMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 2.2 Provisions of law and regulations... Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may...

  1. 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... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  2. Toward a Speech Act Theory for Natural Language Processing.

    Science.gov (United States)

    1980-03-01

    a few errors of detail in the examplhs. (Previous readers of this report have found apparent errors in he quoted material by Searle and Habermas . but...example, Habermas (following Wunderlich) [12, 11, 18, 25] claims that under certain easily satisfied conditions there are four kinds of validity claims on...Is It the same as the direct effect of any particular act. Thus Habermas ’ claims suggest several specifications on particular kinds of implicit

  3. 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

  4. Statement of Claim under Kosovo Legislation

    Directory of Open Access Journals (Sweden)

    Nehat Idrizi

    2018-03-01

    Full Text Available “Statement of Claim” represents a topic of special importance for civil proceedings law in the Republic of Kosovo, especially now that this institution is regulated by the provisions of the Law on Contested Procedure (LCP. In this regard, the role of the court (both in the contested and the execution procedure is emphasized in the implementation of this institution during the procedure of realization of subjective civil rights of the parties in the proceedings, or contesting them by the other party, as well as the implementation of the measures through which statement of claim is provided in the execution procedure. Statement of claim may arise if the claimant makes the existence of his claim or his subjective right credible, and if there is a risk that without the statement of claim or the imposition of the preliminary injunction, respondent (opponent of the statement of claim or the opposing party would significantly impede or hamper the realization of the claim in various forms. LCP has provided the conditions under which the statement of claim can be made in the contested procedure, the types of measures, the manner of imposing, as well as legal remedies against the decisions by which the proposed measures for statement of claim may be imposed or rejected. The court may impose a preliminary injunction only in the circumstances when the claimant (stating the claim within the time limit set by the court pays the imposed guarantee amount.

  5. 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.)

  6. A tort lawyer's dream

    International Nuclear Information System (INIS)

    McCaughey, J.

    1997-01-01

    The growing problem of contaminated land in the USA associated with the former production of ''town gas'' from coal is discussed. Recent developments in both lobbying of Congress and some recent legal rulings on the issue are reported. (UK)

  7. 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

  8. ACT Test

    Science.gov (United States)

    ... Content View Sources Ask Us Also Known As ACT Activated Coagulation Time Formal Name Activated Clotting Time ... What is being tested? The activated clotting time (ACT) is a test that is used primarily to ...

  9. La odisea de los hermanos Tort y la Fábrica de Hilados y Tejidos La Providencia en Chiapas a finales del siglo XIX

    Directory of Open Access Journals (Sweden)

    Luis Llanos Hernández

    2013-07-01

    Full Text Available Este artículo busca explicar el proceso de construcción de la Fábrica de Hilados y Tejidos de Algodón La Providencia emprendida por los hermanos Tort en Chiapas. Fue la fábrica más moderna construida en el estado a finales del siglo XIX, obra de un ideal modernizador que corresponde al pensamiento de la época y forma parte del contexto histórico del México que se configura entre las tres últimas décadas del siglo XIX y la primera del siglo XX, el cual se reproduce de manera particular en Chiapas.

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

    International Nuclear Information System (INIS)

    Kurosawa, M.; Tsukiyama, T.; Hayashi, K.

    2001-01-01

    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)

  11. 16 CFR 460.19 - Savings claims.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Savings claims. 460.19 Section 460.19 Commercial Practices FEDERAL TRADE COMMISSION TRADE REGULATION RULES LABELING AND ADVERTISING OF HOME INSULATION § 460.19 Savings claims. (a) If you say or imply in your ads, labels, or other promotional...

  12. 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. ...

  13. 16 CFR 460.21 - Government claims.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Government claims. 460.21 Section 460.21 Commercial Practices FEDERAL TRADE COMMISSION TRADE REGULATION RULES LABELING AND ADVERTISING OF HOME INSULATION § 460.21 Government claims. Do not say or imply that a government agency uses, certifies...

  14. 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...

  15. 27 CFR 24.29 - Claims.

    Science.gov (United States)

    2010-04-01

    ... TREASURY LIQUORS WINE Administrative and Miscellaneous Provisions Authorities § 24.29 Claims. The appropriate TTB officer may require the proprietor or other person liable for the tax on wine or spirits to file a claim and to submit evidence of loss in any case where wine or spirits are lost or destroyed...

  16. 32 CFR 536.2 - Claims authorities.

    Science.gov (United States)

    2010-07-01

    ... of these materials may be viewed on the USARCS Web site, https://www.jagcnet.army.mil... from third-party payers of reasonable costs of healthcare services, 10 U.S.C. 1095. (b) Fund source authority for claims under Title 10 statutes. 10 U.S.C. 2736, advance payments for certain property claims...

  17. 40 CFR 35.6600 - Contractor claims.

    Science.gov (United States)

    2010-07-01

    ... STATE AND LOCAL ASSISTANCE Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Procurement Requirements Under A Cooperative Agreement § 35.6600 Contractor claims. (a) General... against the recipient under a contract, provided: (1) The claim arises from work within the scope of the...

  18. 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…

  19. 24 CFR 17.67 - Claims files.

    Science.gov (United States)

    2010-04-01

    ... Housing and Urban Development Office of the Secretary, Department of Housing and Urban Development... against whom a claim is pending in his office. The file shall be kept reasonably up to date by the... also contain a checklist or brief summary of actions taken to collect or comprise a claim. ...

  20. 49 CFR 1018.32 - Bankruptcy claims.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Bankruptcy claims. 1018.32 Section 1018.32... § 1018.32 Bankruptcy claims. When the Board receives information that a debtor has filed a petition in bankruptcy or is the subject of a bankruptcy proceeding, it shall suspend all collection actions against the...

  1. 29 CFR 100.618 - Bankruptcy claims.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Bankruptcy claims. 100.618 Section 100.618 Labor... Procedures § 100.618 Bankruptcy claims. When the NLRB learns that a bankruptcy petition has been filed by a... from the NLRB's Office of Special Counsel concerning the impact of the Bankruptcy Code on any pending...

  2. 45 CFR 34.4 - Allowable claims.

    Science.gov (United States)

    2010-10-01

    ... claims for damage or loss when traveling between place of residence and duty station, or when the loss or... in exceptional cases may be allowed by the Claims Officer. (9) Transportation or travel losses... carrier, agent or agency of the government, or private conveyance, may be allowed only if the property is...

  3. 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......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...

  4. 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.

  5. Arbitration seen as inappropriate in denial-of-care claim.

    Science.gov (United States)

    1995-08-11

    Dr. Peter G. Mozsary, charged with denying service to a patient with AIDS, has failed in his attempt to change the venue from Federal District Court to an arbitration panel. The California dentist was sued for violating the Americans with Disabilities Act (ADA). Dr. Mozsary argued that the matter involved malpractice and should be settled by arbitration, as stated in an agreement on malpractice claims signed by the patient. But the judge determined that the patient's claim that he was denied care involves civil rights, not malpractice. The plaintiff, known in court records as John Doe, alleged Mozsary refused to treat him upon learning he is HIV-positive, and referred him to a hospital for antibiotic therapy and observation. Dr. Mozsary claims he usually treats people with AIDS, but Doe was suffering from a severe respiratory infection and the nonemergency removal of three decayed teeth could be handled better in a hospital setting. Doe is seeking a jury trial and compensatory and punitive damages.

  6. 39 CFR 273.3 - Liability for false claims and statements.

    Science.gov (United States)

    2010-07-01

    ... OF PROGRAM FRAUD CIVIL REMEDIES ACT § 273.3 Liability for false claims and statements. Section 3802... agent, fiscal intermediary, or other entity, including any State or political subdivision thereof... actually made to an agent, fiscal intermediary, or other entity, including any State or political...

  7. 76 FR 76772 - Submission for Review: Standard Form 1153: Claim for Unpaid Compensation of Deceased Civilian...

    Science.gov (United States)

    2011-12-08

    ...: Claim for Unpaid Compensation of Deceased Civilian Employee AGENCY: U.S. Office of Personnel Management... Compensation of Deceased Civilian Employee. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13..., 2012. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are...

  8. Court won't hear State claims as part of worker's ADA suit.

    Science.gov (United States)

    1997-09-19

    The 11th U.S. Circuit Court of Appeals cannot overturn a Federal judge's refusal to hear the State-law sexual harassment claims brought as part of an Americans with Disabilities Act (ADA) suit. [Name removed] filed Federal and State charges against Checkers drive-in restaurants. [Name removed] claims he was subjected to offensive and sexually exploitive language and was ridiculed as gay and having AIDS by one of his supervisors. According to [name removed], a separate supervisor pressured him to have sex and subjected him to physical contact. When [name removed] was fired, he filed an eight-count complaint under Federal and State law. He alleged that Checkers violated the Americans with Disabilities Act (ADA) because his supervisors believed he was HIV-positive and discriminated against him intentionally on that basis. He also sought recovery under the Florida AIDS discrimination statute and the Florida Civil Rights Act. The Federal judge decided not to handle the State-law claims and the 11th Circuit Court of Appeals refused to act on [name removed]'s appeal. Now [name removed] may have to choose either a Federal or a State court to hear all of his claims.

  9. 20 CFR 725.496 - Special claims transferred to the fund.

    Science.gov (United States)

    2010-04-01

    ... and denied under the law in effect prior to the enactment of the Black Lung Benefits Reform Act of... such claims were required to be merged by the agency's regulations, the procedural history of each such... payment of any benefits to which the miner's dependent survivors are entitled after the miner's death...

  10. 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...

  11. 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 worldwide and includes claims that arise on high seas or within the territorial waters of a foreign country...

  12. 32 CFR 842.11 - Air Force claims organization.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Air Force claims organization. 842.11 Section 842.11 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE CLAIMS Functions and Responsibilities § 842.11 Air Force claims organization. Air Force claims channels are: (a) Continental...

  13. 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...

  14. 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...

  15. 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...

  16. 42 CFR 6.3 - Eligible entities.

    Science.gov (United States)

    2010-10-01

    ... (relating to grants for health services for the homeless); and (4) Section 340A of the Act (relating to... 42 Public Health 1 2010-10-01 2010-10-01 false Eligible entities. 6.3 Section 6.3 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS FEDERAL TORT CLAIMS ACT...

  17. Examining Fluoroquinolone Claims Among Gonorrhea-Associated Prescription Drug Claims, 2000-2010.

    Science.gov (United States)

    Owusu-Edusei, Kwame; Carroll, Danya S; Gift, Thomas L

    2015-11-01

    After the release of CDC's revised gonorrhea treatment guidelines in April 2007, a study reported the declining use of fluoroquinolones to treat gonorrhea among health departments participating in the Sexually Transmitted Disease Surveillance Network. In this study, we examine the proportion of fluoroquinolone claims among gonorrhea-associated prescription drug claims from a large insurance database from 2000 through 2010. We extracted drug claims associated with gonorrhea diagnosis claims from the MarketScan database for 2000-2010 and calculated the proportion of the drug claims for fluoroquinolones on a monthly basis. We then used an interrupted time series analysis to investigate trend characteristics of fluoroquinolone claims before and after the gonorrhea treatment guidelines were revised in April 2007. Although there was a monthly decline in the proportion of fluoroquinolone claims before April 2007 (-0.11 percentage points, pfluoroquinolones after April 2007, implying a gradual permanent decline over the analytic period. Our results are consistent with the findings of the previous study and indicate a gradual and permanent decline (over the analytic period) in the proportion of fluoroquinolone claims among gonorrhea-associated prescription drug claims. However, because this is a convenience sample of claims data, these findings cannot be generalized to the entire privately insured population in the U.S. Published by Elsevier Inc.

  18. 32 CFR 564.54 - Claims payable.

    Science.gov (United States)

    2010-07-01

    ... Air National Guard in the scope of employment, and claims arising under a contract, executed incident to camps of instruction, even though legally enforceable under the express terms of the contract and...

  19. 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...

  20. 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.

  1. 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,

  2. 20 CFR 410.679 - Finality of findings with respect to other claims for benefits based on the disability or death...

    Science.gov (United States)

    2010-04-01

    ... claims for benefits based on the disability or death of a miner. 410.679 Section 410.679 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK... claims for benefits based on the disability or death of a miner. Findings of fact made in a determination...

  3. 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 ...

  4. A review of workers' compensation claims: the frequency of claim denial and medical treatment delay.

    Science.gov (United States)

    Kelley, C R; Amparo, J M

    2000-01-01

    A retrospective chart review of 257 patients who presented between January to March 1998, was conducted to identify the frequency of workers' compensation claim denial among patients who reported to Straub Clinic and Hospital. Results showed that 12.8% of claims were either "denied" or temporarily "denied pending investigation". Analysis of all the claims found that only 2% resulted in delayed medical care. Further analysis of the denied claims revealed the vast majority of claims (78.8%) were denied because the medical provider and the patient had incorrect workers' compensation carrier information. Other independent variables studied (size of the employer, category of employer, injury type, status of case, length of case and number of visits) did not predict either denial of the claim or treatment delay. This study suggests that the efficiency of our State's Workers' Compensation system would be greatly improved by developing a system to provide medical care providers with accurate insurance information.

  5. 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.

  6. Definition and documentation of traditional foods of the Black Sea Area Countries: potential nutrition claims.

    Science.gov (United States)

    Dilis, Vardis; Vasilopoulou, Effie; Alexieva, Iordanka; Boyko, Nadiya; Bondrea, Aurelian; Fedosov, Sergey; Hayran, Osman; Jorjadze, Mariam; Karpenko, Dmitry; Costa, Helena S; Finglas, Paul; Trichopoulou, Antonia

    2013-11-01

    Nutrition and health claims are permitted in foods marketed in the European Union under Regulation 1924/2006. Quality products such as traditional foods might benefit from this act, as it can highlight their nutritional richness. In this study the nutritional content of 33 traditional foods from the Black Sea Area Countries was evaluated against the thresholds of the Regulation for nutrition claims. Most of the foods were eligible to bear several nutrition claims, mostly related to their fat, sugar, fiber and sodium content. The average number of claims per traditional food was two, with a range between zero and nine. Overall, about 72 nutrition claims were potentially relevant for the 33 traditional foods studied. Foods linked with the most claims were nuts and seeds. The inclusion of traditional foods under this standardized European scheme could be an efficient way to highlight their possible beneficial nutritional properties. The production and marketing of traditional foods could be of benefit to both the health of consumers and the economic viability of producers, especially small- and medium-size enterprises. © 2013 Society of Chemical Industry.

  7. 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.

  8. 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

  9. 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

  10. Balancing Acts

    Science.gov (United States)

    ... Past Issues Special Section: Focus on Communication Balancing Acts Past Issues / Fall 2008 Table of Contents For ... scientific research on hearing, balance, smell, taste, voice, speech, and language—common elements in how we perceive ...

  11. 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

  12. 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

  13. 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

  14. 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.

  15. 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...

  16. CLAIMS FOR REINBURSEMENT OF EDUCATION FEES

    CERN Document Server

    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...

  17. 77 FR 5217 - Retrospective Review Under E.O. 13563: Seamen's Claims; Admiralty Extension Act Claims; and...

    Science.gov (United States)

    2012-02-02

    ..., insufficient, or excessively burdensome. Accordingly, the Maritime Administration is soliciting public comment... including, but not limited to, license and parking fees, personnel expenses, harbor fees, wharfage, dockage...

  18. 77 FR 65631 - Retrospective Review Under E.O. 13563: Seamen's Claims; Admiralty Extension Act Claims; and...

    Science.gov (United States)

    2012-10-30

    ... review existing significant rules to determine if they are outmoded, ineffective, insufficient, or..., license and parking fees, personnel expenses, harbor fees, wharfage, dockage, shedding, stevedoring...

  19. 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...

  20. 75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-06-30

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Public Debt... December 31, 2010, the prompt payment interest rate is 3\\1/8\\ per centum per annum. ADDRESSES: Comments or... Act of 1982, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  1. 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.

  2. 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...

  3. 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...

  4. 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. ...

  5. 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...

  6. 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...

  7. 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...

  8. 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

    ... 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... affirmative claims involving civil works of a maritime nature is set out at 33 U.S.C. 408. ...

  9. 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...

  10. 32 CFR 842.31 - Claims payable.

    Science.gov (United States)

    2010-07-01

    ... (TDY). (iii) Travel on a space available basis on a military aircraft, vessel, or vehicle. (2) Pay for... caused by fire, explosion, theft, vandalism, typhoon, hurricane, unusual occurrences or power outages... weather, such as severe lightning storms, hail, or high winds, occur routinely. Damage claims from these...

  11. 40 CFR 716.55 - Confidentiality claims.

    Science.gov (United States)

    2010-07-01

    ... for company name or address, financial statistics, and product codes used by a company. This... than company name or address, financial statistics, and product codes used by a company, which is... brief statement for the basis of the claim as well as a label such as “confidential,” “proprietary,” or...

  12. 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...

  13. 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 ...

  14. 32 CFR 732.19 - Claims.

    Science.gov (United States)

    2010-07-01

    ... of receipt. Advice may be requested from COMNAVMEDCOM (MEDCOM-333 (A/V 294-1127)) for medical or... Department of Defense (Continued) DEPARTMENT OF THE NAVY PERSONNEL NONNAVAL MEDICAL AND DENTAL CARE Medical... identified in § 732.20. A complete claim includes: (1) NAVMED 6320/10, Statement of Civilian Medical/Dental...

  15. CLAIMS IN INTERNATIONAL CONSTRUCTION PROJECTS IN ...

    African Journals Online (AJOL)

    amicable settlement or finally to arbitration. In order to avoid a complicated costly and time consuming arbitration proceedings, parties to a contract may institute in their contract documents, as an option of claim settlement, an Alternative Dispute. Resolution (ADR) mechanisms which may include. [2]; a) Direct Negotiation.

  16. 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...

  17. 14 CFR 1261.104 - Allowable claims.

    Science.gov (United States)

    2010-01-01

    ... in connection with travel under orders, including property in the custody of a carrier, an agent or... claimant's agent, private employee, or family member (the standard to be applied is that of reasonable care... authorized for the reception or storage of property. (2) Transportation or travel losses. Claims may be...

  18. [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.

  19. "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.

  20. Risk Adjustment, Reinsurance Improved Financial Outcomes For Individual Market Insurers With The Highest Claims.

    Science.gov (United States)

    Jacobs, Paul D; Cohen, Michael L; Keenan, Patricia

    2017-04-01

    The Affordable Care Act (ACA) reformed the individual health insurance market. Because insurers can no longer vary their offers of coverage based on applicants' health status, the ACA established a risk adjustment program to equalize health-related cost differences across plans. The ACA also established a temporary reinsurance program to subsidize high-cost claims. To assess the impact of these programs, we compared revenues to claims costs for insurers in the individual market during the first two years of ACA implementation (2014 and 2015), before and after the inclusion of risk adjustment and reinsurance payments. Before these payments were included, for the 30 percent of insurers with the highest claims costs, claims (not including administrative expenses) exceeded premium revenues by $90-$397 per enrollee per month. The effect was reversed after these payments were included, with revenues exceeding claims costs by $0-$49 per month. The risk adjustment and reinsurance programs were relatively well targeted in the first two years. While there is ongoing discussion regarding the future of the ACA, our findings can shed light on how risk-sharing programs can address risk selection among insurers-a pervasive issue in all health insurance markets. Project HOPE—The People-to-People Health Foundation, Inc.

  1. ADA claim doesn't extend to arbritration clause in union pact.

    Science.gov (United States)

    1998-12-25

    The U.S. Supreme Court ruled unanimously that a collective bargaining agreement's (CBA) general arbitration clause cannot prevent workers from filing claims under the Americans with Disabilities Act (ADA). The ruling was based on the broad language used regarding claims covered by the CBA, and has limited impact. [Name removed], a longshoreman, received workers' compensation and Social Security benefits after an injury. He was prevented from returning to work 3 years later because he had settled a claim for permanent disability. [Name removed] was subject to a CBA that required all disputes to be referred to a grievance procedure. However, rather than follow through with the grievance procedure, he filed a claim in Federal district court. The defendants argued that [name removed]'s failure to file a grievance meant that he was not allowed to file the lawsuit. [Name removed] v. [Name removed] Service Corp. expressly left open the question of whether more specific language regarding claims covered by the CBA can relegate a worker to the arbitration forum.

  2. 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.

  3. 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.

  4. 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...

  5. 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...

  6. 34 CFR 35.1 - Scope of regulations.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Scope of regulations. 35.1 Section 35.1 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST THE GOVERNMENT General § 35.1 Scope... damage to or loss of property or personal injury or death caused by the negligent or wrongful act or...

  7. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ..., exclusive of interest and costs; and (ii) Which are brought (A) under the Federal Tort Claims Act, 28 U.S.C... proceeding with the arbitration process. (5) In view of the provisions of the Federal Rules of Evidence with... court-annexed arbitration. 50.20 Section 50.20 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED...

  8. 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

  9. 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.

  10. 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...

  11. 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

  12. 20 CFR 30.300 - What process will OWCP use to decide claims for entitlement and to provide for administrative...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false What process will OWCP use to decide claims for entitlement and to provide for administrative review of those decisions? 30.300 Section 30.300... OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED Adjudicatory Process § 30.300 What process...

  13. 32 CFR 1636.8 - Considerations relevant to granting or denying a claim for classification as a conscientious...

    Science.gov (United States)

    2010-07-01

    ... in response to war and weapons which is consistent with his stated beliefs. Instances of violent acts or conviction for crimes of violence, or employment in the development or manufacturing of weapons of war, if the claim is based upon or supported by a life of nonviolence, may be indicative of...

  14. The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment No. 2) (Northern Ireland) Regulations 2008

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-09-02

    These Regulations amend the Pneumoconiosis, etc. (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 to provide that certain payments under the Pneumoconiosis, etc. (Workers' Compensation) (Northern Ireland) Order 1979 are reduced by the amount of any lump sum payment in respect of diffuse mesothelioma made under section 1 of the Mesothelioma, etc., Act (Northern Ireland) 2008.

  15. 28 CFR 79.22 - Criteria for eligibility for claims relating to certain specified diseases contracted after...

    Science.gov (United States)

    2010-07-01

    ... relating to certain specified diseases contracted after exposure in an affected area (âdownwindersâ). 79.22... EXPOSURE COMPENSATION ACT Eligibility Criteria for Claims Relating to Certain Specified Diseases Contracted... to certain specified diseases contracted after exposure in an affected area (“downwinders”). To...

  16. 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...

  17. Hand Sanitizers Carry Unproven Claims to Prevent MRSA Infections

    Science.gov (United States)

    ... For Consumers Home For Consumers Consumer Updates Hand Sanitizers Carry Unproven Claims to Prevent MRSA Infections Share ... Flickr. Subscribe: FDA Consumer Health Information Some hand sanitizers and antiseptic products come with claims that they ...

  18. 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,...

  19. 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...

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

    Directory of Open Access Journals (Sweden)

    Nobuhiro Ooba

    Full Text Available 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.

  1. 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

  2. 5 CFR 178.207 - Claims settlement jurisdiction.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Claims settlement jurisdiction. 178.207 Section 178.207 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS... Claims settlement jurisdiction. (a) District of Columbia and Government corporations. Claims for unpaid...

  3. 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...

  4. 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...

  5. 12 CFR 793.3 - Administrative claim; who may file.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Administrative claim; who may file. 793.3 Section 793.3 Banks and Banking NATIONAL CREDIT UNION ADMINISTRATION REGULATIONS AFFECTING THE OPERATIONS... Administrative claim; who may file. (a) A claim for injury to or loss of property may be presented by the owner...

  6. Medical liability insurance claims after treatment of varicose veins

    NARCIS (Netherlands)

    Dickhoff, C.; Cremers, J. E. L.; Legemate, D. A.; Koelemay, M. J. W.

    2014-01-01

    Since insight into the reason for filing claims after treatment of varicose veins of the lower extremity might help prevent future claims, we determined the incidence of and reasons for medical liability insurance claims after such treatments in the Netherlands. We performed a retrospective review

  7. 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...

  8. 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),…

  9. 40 CFR 350.11 - Review of claim.

    Science.gov (United States)

    2010-07-01

    ... INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS Trade Secrecy Claims § 350.11 Review of... also inform the submitter of his right to claim any trade secret or confidential business information... proper procedure for claiming trade secrecy for trade secret or confidential business information...

  10. 40 CFR 307.21 - Nature of eligible claims.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Nature of eligible claims. 307.21... Nature of eligible claims. (a) Claims may be asserted against the Fund for necessary costs incurred for... nature, differing materially from those ordinarily encountered and generally recognized as inherent in...

  11. 36 CFR 1009.2 - Procedure for filing claims.

    Science.gov (United States)

    2010-07-01

    ... the Presidio Trust. (c) Upon receipt of a claim, the time and date of receipt shall be recorded. The... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Procedure for filing claims. 1009.2 Section 1009.2 Parks, Forests, and Public Property PRESIDIO TRUST ADMINISTRATIVE CLAIMS UNDER...

  12. 32 CFR 536.30 - Action upon receipt of claim.

    Science.gov (United States)

    2010-07-01

    ...,000 per incident. (2) For medical malpractice claims, to the appropriate MTF Commander/s through... will furnish a copy of any medical or dental malpractice claim to the MTF or dental treatment facility... responsibility to complete DD Form 2526 (Case Abstract for Malpractice Claims). Note to § 536.30: See the...

  13. 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...

  14. 38 CFR 14.617 - Disposition of claims.

    Science.gov (United States)

    2010-07-01

    ....617 Section 14.617 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS LEGAL... Foreign Countries § 14.617 Disposition of claims. (a) Disposition of claims arising in Philippines. All claims arising under 38 U.S.C. 515(b) in the Philippines, including a complete investigation report and a...

  15. 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...

  16. 19 CFR 191.0a - Claims filed under NAFTA.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Claims filed under NAFTA. 191.0a Section 191.0a Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) DRAWBACK § 191.0a Claims filed under NAFTA. Claims for drawback filed under the...

  17. Making sense of the numbers: Civil claims against the SAPS ...

    African Journals Online (AJOL)

    In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly large amounts of claims are filed against the SAPS, but that most of these claims are finalised without ...

  18. Nature of Medical Malpractice Claims Against Radiation Oncologists.

    Science.gov (United States)

    Marshall, Deborah; Tringale, Kathryn; Connor, Michael; Punglia, Rinaa; Recht, Abram; Hattangadi-Gluth, Jona

    2017-05-01

    To examine characteristics of medical malpractice claims involving radiation oncologists closed during a 10-year period. 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. 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. 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 radiation oncologists may help direct efforts to improve quality of care

  19. General scientific guidance for stakeholders on health claim applications

    DEFF Research Database (Denmark)

    Sjödin, Anders Mikael

    2016-01-01

    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...... 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...

  20. 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.

  1. USAGE OF FOOD HEALTH CLAIMS AND RELATED CONSUMER UNDERSTANDING

    Directory of Open Access Journals (Sweden)

    Naima KHURSHID

    2014-11-01

    Full Text Available Very few studies in various countries have been conducted in the context of effect of food health claims onto consumer health and purchase behavior. Health claim messages vary from country to country; but overall consumers view these claims as useful. Generally it is observed that consumers prefer short and concise health claim messages as compared to more long and complex ones. Moreover consumers are of the viewpoint that health claims are more effective if supported and approved by government. Foods with health claims are viewed healthier by consumers, but in some cases consumers may get discouraged by health claims when they are unable to properly comprehend the intended message of nutrition claims. Consumers remain vague between distinguishing health claims, content and structure-function of nutrients. Furthermore there is past evidence that in few instances consumers have improved their dietary choices and knowledge regarding health concern because of use of health claims by manufacturers and governing bodies. This study is a review of contemporary health claim practices in the global upfront.

  2. 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 awareness, penetration and consumers’ trust are examined. Design/methodology/approach - A discrete choice experiment with a visual shelf simulation was used to elicit consumer preferences and to estimate marginal willingness to pay for CSR and other food claims across the UK, France, Germany, the US...... food categories and different origins. Practical implications - CSR claims are competing with existing food claims and have a lower awareness, lower purchase penetration and less positive impact on consumer choice than organic claims. Producers are recommended to focus on communicating environmental...

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 15 CFR 2.3 - Delegation of authority.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Delegation of authority. 2.3 Section 2.3 Commerce and Foreign Trade Office of the Secretary of Commerce PROCEDURES FOR HANDLING AND SETTLEMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 2.3 Delegation of authority. (a) The General Counsel is hereby named as the designee of the...

  8. 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.

  9. Update on land claims and devolution in Yukon and the Northwest Territories

    Energy Technology Data Exchange (ETDEWEB)

    Olynyk, J.M. [Lawson Lundell Lawson and McIntosh, Calgary, AB (Canada)

    2000-07-01

    The evolving legal environment for oil and gas operations in the Yukon and Northwest Territories were discussed with particular focus on land claims and devolution and how they differ significantly between the two legal regimes governing oil and gas resources. Seven of the 14 First Nations residing in the Yukon have concluded final land claims agreements with the government of Canada and the Yukon government. The Umbrella Final Agreement includes provisions related to ownership of lands by Yukon's indigenous people and management of land and resources in the Yukon. The total amount of land to be shared among the 14 Yukon First Nations is about 42,000 sq. km. All settlement land will be surveyed according with the requirements of the Canada Lands Surveys Act, as soon as resources will allow. The UFA also creates a process for resolving disputes regarding access to settlement land for resource development and provides First Nation participation in resource development assessment, land use planning and water management. In 1998 the Canada-Yukon Oil and Gas Accord Implementation Act came into effect which devolved responsibility for oil and gas resources from the federal government to the Yukon government. This gave Yukon provincial type legislative powers over oil and gas resources in Yukon, allowing it to make laws regarding exploration for oil and gas, development, conservation and management of oil and gas including oil and gas pipelines. Negotiations are underway to transfer other responsibility for other lands and resources. Claims in the northern half of the Northwest Territories have been settled while claims located in the southern half remain unsettled. The 1984 Inuvialuit Final Agreement (IFA) settles an area of approximately 435,000 sq. km. in the Mackenzie Delta and the Beaufort Sea region. Under the IFA, the Inuvialuit were granted fee simple title to 35,000 sq. miles of land, of which 5,000 include title to all oil and gas and other minerals.

  10. Update on land claims and devolution in the Yukon and Northwest Territories

    Energy Technology Data Exchange (ETDEWEB)

    Olynyk, J. [Lawson Lundell, Calgary, AB (Canada); Bergner, K. [Lawson Lundell, Yellowknife, NT (Canada)

    2002-07-01

    An update on land claims in the Yukon and Northwest Territories was presented with reference to the role that Aboriginals are playing in the debate regarding gas pipelines in the North. An update on the status and devolution of responsibilities from the federal government to the territorial governments was also provided. There are certain areas in the North where land claims agreements have not yet been reached, with important consequences for oil and gas operators. When land claims have been settled, there are procedures in place for the disposition of oil and gas interests, and access to Crown-owned subsurface resources under First Nations' lands has been clearly defined. The author described the principle terms of the land claim agreements with Yukon First Nations as set out in the Umbrella Final Agreement (UFA). Under the UFA, the total amount of land to be shared among the 14 Yukon First Nations is about 42,000 square kilometres, about 9 per cent of the Yukon's land area. This paper discussed access to settlement land, land management processes, development assessment, land use planning, water management, and transboundary land claims agreements. In November 1998, the Canada-Yukon Oil and Gas Accord Implementation Act gave the responsibility of managing oil and gas resources in the Yukon to the Yukon government. Administrative procedures for minerals, water forestry and land management remain with the federal government. In the Northwest Territories, only forestry was devolved to the Government of the Northwest Territories. All other Crown lands and resources, including oil and gas resources in the Northwest Territories are owned by Canada and subject to regulation under federal laws. 24 refs.

  11. IMPROVEMENT OF THE FISCAL CLAIMS MANAGEMENT SYSTEM

    Directory of Open Access Journals (Sweden)

    DELIMAN EUGEN

    2010-12-01

    Full Text Available The conduct of the fiscal administration regarding the simplification and modernization of the systems of statements and payment of tax obligations is a necessary task to improve the relationship between the fiscal administration and the taxpayers, and also to induce efficiency regarding the management of fiscal duties in a single system. Regrouping the collecting of taxes under a single administration by taking over the functions of the social security administration has been the cornerstone of establishing a simplified tax administration. Improving the methods of compulsory enforcement of tax claims, the implementation of the management by objectives and the improvement of performance indicators of the fiscal administration activity, are considered to be the commitment of the fiscal body regarding the process of improving the collection of public financial resources.

  12. 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.

  13. 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 ...

  14. [Tort Liability and School Transportation.

    Science.gov (United States)

    Franke, Allyn J.

    School districts, school employees, bus companies contracted by districts, and bus company employees could be involved in court litigation over student injury and student civil rights related to school bus transportation. Civil rights insurance should be added to general liability insurance and motor vehicle liability insurance. Students must be…

  15. 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 ...

  16. Blindside discounts: are you being underpaid for your noncontract claims?

    Science.gov (United States)

    Emkes, Bernard J; Phillips, William

    2007-10-01

    White space managers--firms that access health networks on behalf of payers to pay noncontract claims at a discount--can undermine a hospital's revenue potential. Hospitals should routinely monitor their noncontract claims to ensure that they are not being subject to undue discounts as a result of white space manager activity. Identifying noncontract claims and confirming correct payment are two critical steps in this process.

  17. 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...

  18. 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 practice and this evidence should be sought by manufacturers wishing to market a successful product.

  19. 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...

  20. Authority, Arbitration and the Claims of the Law

    OpenAIRE

    VINX, Lars

    2007-01-01

    This paper argues that Raz’s ‘normal justification thesis’ fails to explain how the law can meaningfully claim arbitrative authority. Given that the law’s claim to authority is usually understood to amount to (or at least to include) a claim to arbitrative authority, this result suggests that the law’s claim to authority will have to be justified in ways not captured by the normal justification thesis. If one rejects alternative means of justification not captured by the normal justification ...

  1. Perceived relevance and foods with health-related claims

    DEFF Research Database (Denmark)

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

    2012-01-01

    Although consumer perception of the health claims and nutrition information has been studied widely there is relatively little understanding about the motivational factors underpinning claim perception. The objective of this study is to investigate how levels of perceived relevance influence...... that relevance has a strong influence on perceptions of personal benefit and willingness to buy products with health claims. However the impact of relevance is much stronger when the health risks are relevant to self than when it is relevant to those close to oneself, especially when the claim promises a targeted...

  2. 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...

  3. 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.)

  4. 76 FR 67385 - Claims Procedures Under the Oil Pollution Act of 1990

    Science.gov (United States)

    2011-11-01

    ... a technical editorial correction was needed, replacing the word ``Commander'' in the last line of... font size of the text. \\7\\ To change the width of columns, position the mouse pointer on the right... width that you want. To change the row height, position the mouse pointer on the bottom boundary of the...

  5. 76 FR 37897 - Performance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act...

    Science.gov (United States)

    2011-06-28

    ... claimants, certain correspondence (such as the CA- 1032) remains the direct responsibility of the claimant... accountability on the part of the representative. Language specifically banning contingency fees was omitted... designated on Form CA-16 refer the employee to another medical specialist or medical facility? 10.302 Should...

  6. 75 FR 49595 - Performance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act...

    Science.gov (United States)

    2010-08-13

    ... the submission of the checklist in all situations. Decisions on Entitlement to Benefits Section 10.127... such as where a translator or sign language interpreter is needed to aid communication. This change is... adult children who are incapable of self-support. In this section, OWCP has reduced the reporting...

  7. 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...

  8. 75 FR 5499 - Claims for Compensation; Death Gratuity Under the Federal Employees' Compensation Act

    Science.gov (United States)

    2010-02-03

    ..., dental, and veterinary care provided in areas of a country that are rural or are underserved by medical... thereunder. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The Department certifies that this rule has been assessed regarding environmental health risks and...

  9. 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

  10. Nature of Medical Malpractice Claims Against Radiation Oncologists

    International Nuclear Information System (INIS)

    Marshall, Deborah; Tringale, Kathryn; Connor, Michael; Punglia, Rinaa; Recht, Abram; Hattangadi-Gluth, Jona

    2017-01-01

    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

  11. 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...

  12. The Scope of Definition of a Terrorist Act under Ethiopian Law ...

    African Journals Online (AJOL)

    While regional and international human rights institutions claim that the definition of a terrorist act under the Anti-terrorism Proclamation No. 652/2009 is overly broad as a result of which citizens not involved in a genuinely terrorist act are prosecuted and jailed, the Ethiopian government defends the law pointing that it is ...

  13. 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...

  14. 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

  15. 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

  16. 'common currency' claims in the cognitive and behavioural sciences

    African Journals Online (AJOL)

    (1) Repeated invocation of the 'common currency' idiom isn't merely terminological coincidence because most of the claims are competing explanations either of manifest pattern in choices, or of order in the processes producing choice. (2) We can't suppose that the different currency claims within each area are compatible, ...

  17. 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…

  18. 40 CFR 350.7 - Substantiating claims of trade secrecy.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Substantiating claims of trade secrecy..., EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS Trade Secrecy...

  19. 44 CFR 208.61 - Payment of claims.

    Science.gov (United States)

    2010-10-01

    ... HOMELAND SECURITY DISASTER ASSISTANCE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM Reimbursement Claims and Appeals § 208.61 Payment of claims. DHS will reimburse all allowable costs for which a Sponsoring... whole or in part, at any stage of the reimbursement and appeal processes identified in this subpart. ...

  20. 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...

  1. 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...

  2. 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...

  3. 21 CFR 101.14 - Health claims: general requirements.

    Science.gov (United States)

    2010-04-01

    ... requirements. (a) Definitions. For purposes of this section, the following definitions apply: (1) Health claim... health leading to such dysfunctioning (e.g., hypertension); except that diseases resulting from essential nutrient deficiencies (e.g., scurvy, pellagra) are not included in this definition (claims pertaining to...

  4. 38 CFR 3.208 - Claims based on attained age.

    Science.gov (United States)

    2010-07-01

    ... age. 3.208 Section 3.208 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS... Claims based on attained age. In claims for pension where the age of the veteran or surviving spouse is material, the statements of age will be accepted where they are in agreement with other statements in the...

  5. 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...

  6. 32 CFR 842.32 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    .... These claims may be payable through Accounting and Finance as a travel expense. (z) It is a cost to... be paid. (l) It is an article held for sale, resale, or used primarily in a private business. (m) It... cost of it. The claim file must show clear intent to defraud. A mere mistake is not a fraud. (o) It is...

  7. 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…

  8. 42 CFR 60.39 - Death and disability claims.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Death and disability claims. 60.39 Section 60.39... ASSISTANCE LOAN PROGRAM The Lender and Holder § 60.39 Death and disability claims. (a) Death. The Secretary... death. (b) Disability. (1) The Secretary will discharge a borrower's liability on the loan in accordance...

  9. 32 CFR 199.7 - Claims submission, review, and payment.

    Science.gov (United States)

    2010-07-01

    ... beneficiary (refer to § 199.3 of this part). (2) Claim required. No benefit may be extended under the Basic.../medical documentation. Medical records are of vital importance in the care and treatment of the patient..., together with all available documentation supporting the request, and the specific claim denied for late...

  10. 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,

  11. 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

  12. 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...

  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. 32 CFR 842.65 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... costs. (d) Accrues from a private contractual relationship between US personnel and third parties about property leases, public utilities, hiring of domestic servants, and debts of any description. This claim is... bastardy claim. (g) Is for patent or copyright infringement. (h) Is waived under an international agreement...

  15. 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.

  16. 21 CFR 101.70 - Petitions for health claims.

    Science.gov (United States)

    2010-04-01

    ... the intake of nutrients that have beneficial and negative consequences in the total diet. If the claim.... population and the relevance of the claim in the context of the total daily diet. Also, the summary shall... representative and balanced submission that includes unfavorable information as well as favorable information...

  17. 9 CFR 51.7 - Claims for indemnity.

    Science.gov (United States)

    2010-01-01

    ... the claim. No charges for holding the animals on the farm pending slaughter or for trucking by the... 9 Animals and Animal Products 1 2010-01-01 2010-01-01 false Claims for indemnity. 51.7 Section 51.7 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE...

  18. 76 FR 44504 - Claims for Patent and Copyright Infringement

    Science.gov (United States)

    2011-07-26

    ... Authority: 51 U.S.C. 20112-20113; 22 U.S.C. 2356; 35 U.S.C. 181-188 and 286; and 28 U.S.C. 1498. Sec. 1245... the time of filing a claim to permit rapid processing and resolution of the claim. (1) A copy of the...

  19. 77 FR 14686 - Claims for Patent and Copyright Infringement

    Science.gov (United States)

    2012-03-13

    ...; 22 U.S.C. 2356; 35 U.S.C. 181-188 and 286; and 28 U.S.C. 1498. Sec. 1245.200 Purpose. The purpose of... a claim to permit rapid processing and resolution of the claim. (1) A copy of the asserted patent(s...

  20. The impact of defense expenses in medical malpractice claims.

    Science.gov (United States)

    Carroll, Aaron E; Parikh, Parul Divya; Buddenbaum, Jennifer L

    2012-01-01

    The objective of this study was to take a closer look at defense-related expenses for medical malpractice cases over time. We conducted a retrospective review of medical malpractice claims reported to the Physician Insurers Association of America's Data Sharing Project with a closing date between January 1, 1985 and December 31, 2008. On average a medical malpractice claim costs more than $27,000 to defend. Claims that go to trial are much more costly to defend than are those that are dropped, withdrawn, or dismissed. However, since the overwhelming majority of claims are dropped, withdrawn, or dismissed, the total amount spent to defend them surpasses that spent on claims that go to trial. Defense attorney expenses account for the majority of defense-related expenses (74%), while expert witness expenses and other expenses split the remaining 26%. A strong association was also found between the average indemnity payment and the amount it costs to defend individual claims by specialty. Our study found that defense-related expenses for medical malpractice claims are not an insignificant cost. As state and federal governments debate how to repair the malpractice system, addressing the high cost of defending claims should not be ignored. © 2012 American Society of Law, Medicine & Ethics, Inc.

  1. Products Claiming to "Cure" Cancer Are a Cruel Deception

    Science.gov (United States)

    ... the fraudulent claims on their websites. If the companies don’t comply, the FDA may take further legal action to prevent their products from reaching consumers. Red Flags While some fraudulent products claim to cure a variety of diseases and conditions, fraudulent cancer products often ...

  2. 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

  3. 28 CFR 79.75 - Procedures for payment of claims.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures for payment of claims. 79.75 Section 79.75 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS UNDER THE RADIATION.... (h) Upon receipt of the Acceptance of Payment Form, the Assistant Director or the Constitutional and...

  4. 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.

  5. 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)

  6. 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...

  7. 78 FR 65489 - Standard Claims and Appeals Forms

    Science.gov (United States)

    2013-10-31

    ... development or review action as it deems proper'' in an attempt resolve the claim, either through ``granting... must undertake any necessary development actions. Id. Sec. 19.26(a). If such development does not... Post-traumatic Stress Disorder (PTSD). However, many features of VA's current claims process also...

  8. 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...

  9. 9 CFR 51.9 - Claims not allowed.

    Science.gov (United States)

    2010-01-01

    ... COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS Indemnity for Cattle, Bison, and Swine § 51.9 Claims not allowed. Claims for compensation for animals destroyed because of brucellosis shall not be allowed if any of the following circumstances exist: (a) If...

  10. 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...

  11. 9 CFR 50.12 - Claims for indemnity.

    Science.gov (United States)

    2010-01-01

    ... recommended by the appropriate Veterinarian in Charge or an official designated by him. On claims for indemnity made under the provisions of § 50.3, the Veterinarian in Charge or official designated by him... APHIS indemnity claim form. The Veterinarian in Charge or official designated by him shall then forward...

  12. 9 CFR 50.20 - Claims for payment.

    Science.gov (United States)

    2010-01-01

    .... The APHIS veterinarian in charge or the official designated by him or her will record on the claim... of the APHIS payment claim form. The veterinarian in charge or official designated by him or her will... copies of the relevant documentation for relocation of equipment to the veterinarian in charge. 1,2 3...

  13. 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...

  14. 9 CFR 51.30 - Claims for indemnity.

    Science.gov (United States)

    2010-01-01

    ... if the claimant has submitted a complete indemnity claim form to the Veterinarian in Charge and the claim has been approved by the Veterinarian in Charge or by an APHIS representative designated by him or her. The Veterinarian in Charge or an APHIS representative designated by the Veterinarian in Charge...

  15. 9 CFR 50.14 - Claims not allowed.

    Science.gov (United States)

    2010-01-01

    ... the livestock were added to the herd, unless an approved herd plan was in effect at that time. ... COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS General Indemnity § 50.14 Claims not allowed. Claims for compensation for livestock destroyed because of...

  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. 12 CFR 627.2745 - Priority of claims-associations.

    Science.gov (United States)

    2010-01-01

    ... the calendar year 1992. (e) All claims for taxes. (f) All claims of creditors, including the district bank, which are secured by assets or equities of the association in accordance with applicable Federal... accrued before and after the appointment of the receiver, minus any setoff for stock or other equity of...

  18. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Understanding and Choosing Coverage Health Insurance Coverage and Open Enrollment Periods Claims and Appeals Glossary of Common ... Beall Therapeutics Development Award Patient Registry Care Center Data Understanding Changes in Life Expectancy Research Consortia CF ...

  19. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel Insurance Research X close About Our ... Instagram Email Privacy Statement Email Opt-Out Legal Terms & Conditions Charity Disclosures En Español

  20. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Medicare and CF An Overview Medicare Eligibility and Enrollment Dual Eligibility YOUR INSURANCE PLAN The Insurance Basics ... and Choosing Coverage Health Insurance Coverage and Open Enrollment Periods Claims and Appeals Glossary of Common Health ...

  1. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... Understanding and Choosing Coverage Health Insurance Coverage and Open Enrollment Periods Claims and Appeals Glossary of Common ... Beall Therapeutics Development Award Patient Registry Care Center Data CF Patient Registry Reports Research Consortia CF Biomarker ...

  2. 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.

  3. 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.

  4. 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...

  5. 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.

  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. 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

  8. 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

  9. 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

  10. 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.

  11. 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.

  12. 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).

  13. 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.

  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. Do clinical incidents, complaints and medicolegal claims overlap?

    Science.gov (United States)

    Goldsmith, Paul; Moon, Jackie; Anderson, Paul; Kirkup, Steve; Williams, Susan; Gray, Margaret

    2015-01-01

    Error reporting by healthcare staff, patient-derived complaints and patient-derived medico-legal claims are three separate processes present in most healthcare systems. It is generally assumed that all relate to the same cases. Given the high costs associated with these processes and strong desire to maximise quality and standards, the purpose of this paper is to see whether it was indeed the case that most complaints and claims related to medical errors and the relative resource allocation to each group. Electronic databases for clinical error recording, patient complaints and medico-legal claims in a large NHS healthcare provider organisation were reviewed and case overlap analysed. Most complaints and medico-legal claims do not associate with a prior clinical error. Disproportionate resource is required for a small number of complaints and the medico-legal claims process. Most complaints and claims are not upheld. The authors have only looked at data from one healthcare provider and for one period. It would be useful to analyse other healthcare organisations over a longer time period. The authors were unable to access data on secondary staffing costs, which would have been informative. As the medico-legal process can go on for many years, the authors do not know the ultimate outcomes for all cases. The authors also do not know how many medico-legal cases were settled out of court pragmatically to minimise costs. Practical implications - Staff error reporting systems and patient advisory services seem to be efficient and working well. However, the broader complaints and claims process is costing considerable time and money, yet may not be useful in driving up standards. System changes to maximise helpful complaints and claims, from a quality and standards perspective, and minimise unhelpful ones are recommended. This study provides important data on the lack of overlap between errors, complaints and claims cases.

  16. 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

  17. 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.

  18. Training Materials for Handling Claims of Sexual Harassment.

    Science.gov (United States)

    Roe, Betty

    1982-01-01

    Reviews resource materials for handling claims of sexual harassment. Includes guidelines for administrators in handling complaints of sexual harassment and discusses the responsibilities of management. Explores the definition of sexual harassment. (RC)

  19. Claims about Cocoa: Can Chocolate Really Be Good for You?

    Science.gov (United States)

    ... Print this issue Claims About Cocoa Can Chocolate Really Be Good for You? Send us your comments ... pattern of the lifestyle habit in general. It’s really hard to separate the effects of individual components.” ...

  20. 10 CFR 782.5 - Contents of communication initiating claim.

    Science.gov (United States)

    2010-01-01

    ... infringement claim, a copy of each work alleged to be infringed; (6) As an alternative to paragraphs (a) (4... Energy to request information in the control and custody of claimant that is relevant to the disposition...

  1. 40 CFR 704.7 - Confidential business information claims.

    Science.gov (United States)

    2010-07-01

    ... by marking the specific information on each page with a label such as “confidential”, “proprietary... concerning all information which is claimed confidential: (1) My company has taken measures to protect the...

  2. 32 CFR 750.13 - Claims: Single service responsibility.

    Science.gov (United States)

    2010-07-01

    ..., Israel, Italy, Spain and the United Arab Emirates. (3) Department of the Air Force: Australia, Azores..., Tunisia, Turkey, the United Kingdom, Egypt, Oman, and claims involving, or generated by, the United States...

  3. 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...

  4. 32 CFR Appendix C to Part 282 - Submitting a Claim

    Science.gov (United States)

    2010-07-01

    ... circumstances, evidence that is presented at later stages of the administrative process will not be considered. ... settlement process. 2 There is an exception for certain claims described in 31 U.S.C. 3702(e). In those cases...

  5. 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.

  6. Ruin Probabilities in the Mixed Claim Frequency Risk Models

    Directory of Open Access Journals (Sweden)

    Zhao Xiaoqin

    2014-01-01

    Full Text Available We consider two mixed claim frequency risk models. Some important probabilistic properties are obtained by probability-theory methods. Some important results about ruin probabilities are obtained by martingale approach.

  7. Examining the Types of Knowledge Claims Made in Design Research

    Directory of Open Access Journals (Sweden)

    Jordan Beck

    Full Text Available While much has been written about designerly knowledge and designerly ways of knowing in the professions, less has been written about the production and presentation of knowledge in the design discipline. In the present paper, we examine the possibility that knowledge claims might be an effective way to distinguish the design discipline from other disciplines. We compare the kinds of knowledge claims made in journal publications from the natural sciences, social sciences, and design. And we find that natural and social science publications tend to make singular knowledge claims of similar kinds whereas design publications often contain multiple knowledge claims of different kinds. We raise possible explanations for this pattern and its implications for design research.

  8. 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

  9. Tortícolis recurrente como forma de presentación de un tumor de la fosa posterior del cerebro Recurrent torticollis as a form of presenting a tumor in the posterior fossa brain

    Directory of Open Access Journals (Sweden)

    Isael Olazábal Armas

    2012-09-01

    Full Text Available La tortícolis se presenta como una manifestación focal del sistema nervioso central, y es una afección poco frecuente, aunque puede ser el síntoma inicial en patologías de la fosa posterior del cerebro. Se presenta el caso de un paciente masculino de cuatro años de edad, con antecedentes de dolor, lateralización y torsión del cuello con nueve meses de evolución, cuyos síntomas se mantuvieron progresando. Gradualmente se asocian cefalea, náuseas e inestabilidad a la marcha. Al realizar el examen físico se encontraron elementos clínicos de una tortícolis y un síndrome cerebeloso de hemicuerpo derecho. Se realizó una resonancia magnética nuclear de cráneo, la cual evidenció una lesión sólida que ocupaba todo el piso del IV ventrículo, y se extendía hasta el segundo segmento medular cervical. Se efectuó abordaje quirúrgico de la fosa posterior del cerebro y exeresis de la lesión. El diagnóstico histológico fue el de un ependimoma. Aunque la tortícolis la mayoría de las ocasiones es una condición benigna, cuando se presenta secundariamente en los niños, uno de los diagnósticos diferenciales que deben tenerse en cuenta, son los tumores de la fosa posterior del cerebro, como ocurrió en este caso.Torticollis is presented as a focal demonstration of the central nervous system, and it is a rare condition, but it may be the initial symptom in diseases of the posterior fossa brain. We report the case of a male patient aged four, with a history of pain, lateralization and twisted neck with nine months of evolution, whose symptoms were progressing. Gradually, headache, nausea and gait instability are associated. When performing the physical examination, we found clinical elements of a stiff neck and a right hemisphere cerebellar syndrome. We performed a cranial MRI, which showed a solid lesion occupying the entire floor of the fourth ventricle, and it extended to the second cervical spinal segment. Surgical approach was

  10. 20 CFR 10.7 - What forms are needed to process claims under the FECA?

    Science.gov (United States)

    2010-04-01

    ... Recurrence of Disability and Claim for Pay/ Compensation (4) CA-5 Claim for Compensation by Widow, Widower and/or Children (5) CA-5b Claim for Compensation by Parents, Brothers, Sisters, Grandparents, or...

  11. Basic Business and Economics: Are You Teaching about Small Claims Courts?

    Science.gov (United States)

    Tichenor, Scott

    1980-01-01

    The basics of small claims courts are explained, along with teaching strategies for teaching about small claims courts. These include teacher presentations, guest speakers, class trips to small claims courts, and mock hearings held by students. (CT)

  12. 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

  13. Codex recommendations on the scientific basis of health claims.

    Science.gov (United States)

    Grossklaus, Rolf

    2009-12-01

    Within the framework of Codex Alimentarius, attempts are being made at international level to establish guidelines for use of nutrition and health claims. An important issue that has to be addressed is the process of scientific substantiating of claims on foods. To provide an insight into the current step procedure of the proposed draft recommendations on the scientific basis of health claims. These Codex recommendations are intended to facilitate governments' own evaluation of health claims made by the industry. Review of comments of governments, observers and non-governmental organizations (NGOs) and relevant references to the proposed draft recommendations of the last sessions of the Codex Committee on Nutrition and Food for Special Dietary Uses (CCNFSDU). A literature search was performed using the PubMed database. Several proposed draft recommendations on the scientific substantiation of health claims have been considered and amended by the CCNFSDU in recent years but the work is not yet complete. The current work draws on the work of FUFOSE and PASSCLAIM and also on that of WHO and FDA. Given the important role of Codex in food safety, the draft recommendations emphasize circumstances where additional evaluation of safety or nutritional safety needs to be considered. High quality human intervention studies are the prime evidence needed to substantiate claims but there is recognition that, in some cases, only observational studies may be available. Animal and in vitro studies will also be evaluated as part of the totality of the evidence. It has been suggested that the recommendations should include re-evaluation of claims after a certain time period, or if new evidence calls into question the scientific validity underpinning the claims. Setting out a common approach for the substantiation of health claims is an important step in the use of health claims around the world. There is a need to reflect emerging as well as consensus science. The substantiating

  14. 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.)

  15. Valuing the Government's Tax Claim on Risky Corporate Assets

    OpenAIRE

    Saman Majd; Stewart C. Myers

    1985-01-01

    This paper explores the effects of tax asymmetries on the value of risky capital investments made by corporations.The government's claim on the firm is shown to be equivalent to a portfolio of options on the firm's revenues. The tax law's provisions for carrying tax losses forward and backward are introduced, necessitating a numerical solution for the value ofthe government's claim. The results show that asymmetric taxation of operating gains and losses can significantly affect the after-tax ...

  16. 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 ...

  17. 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.

  18. Determinants of Choice Regarding Food with Nutrition and Health Claims

    OpenAIRE

    Aschemann, J.; Hamm, Ulrich

    2008-01-01

    Health is an increasingly important topic in the food market. The regulation (EC) No 1924/2006 on nutrition and health claims is meant to facilitate healthy food choices of consumers. However, research studies about claim perception and choice behaviour are scarce in Europe up to this point, especially those focusing on revealed preferences or a close-to-realistic study design. This contribution reports findings of realistically designed choice-tests accompanied by video-observation and follo...

  19. Federal Employees’ Compensation Act: DOD Access to DOL Data is Generally Sufficient, but Monitoring Timelines Could Help Return-to-Work Efforts

    Science.gov (United States)

    2016-09-01

    Federal Employees ’ Compensation Act information to support decision - making .61 Further, leading practices for effective interagency collaboration state...18If an employee disagrees with a DOL claims decision , he or she may request reconsideration by the DOL district office, a hearing...they understand it takes time to make decisions about claims, especially given the claims examiners’ caseloads, and the amount of documentation they

  20. 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.

  1. 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.

  2. 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.

  3. Lawsuits against plastic surgeons: Does locale affect incidence of claims?

    Science.gov (United States)

    Kaplan, Jonathan L; Hammert, Warren C; Zin, James E

    2007-01-01

    Physicians continue to practice in a very litigious environment. Some physicians try to mitigate their exposure to lawsuits by avoiding geographical locations known for their high incidence of medical malpractice claims. Not only are certain areas of the United States known to have a higher incidence of litigation, but it is also assumed that certain areas of the hospital incur a greater liability. There seems to be a medicolegal dogma suggesting a higher percentage of malpractice claims coming from patients seen in the emergency room (ER), as well as higher settlements for ER claims. To determine if there is any validity to the dogma that a higher percentage of malpractice claims arise from the ER. An analysis of common plastic surgery consults that result in malpractice claims was performed. The location where the basis for the lawsuit arose - the ER, office (clinic) or the operating room (OR) - was evaluated. The value of the indemnity paid and whether its value increased or decreased based on the location of the misadventure was evaluated. According to the data, which represented 60% of American physicians, there was a larger absolute number of malpractice claims arising from the OR, not the ER. However, the highest average indemnity was paid for cases involving amputations when the misadventure originated in the ER. The dogma that a greater percentage of lawsuits come from incidents arising in the ER is not supported. However, depending on the patient's injury and diagnosis, a lawsuit from the ER can be more costly than one from the OR.

  4. [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.

  5. 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 ...

  6. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... CF Treatments and Therapies Airway Clearance Airway Clearance Techniques (ACTs) There are different ways to clear your ... for fitting ACTs into daily life Airway Clearance Techniques | Webcast To learn more about how you can ...

  7. 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 ...

  8. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... the smaller airways to attack bacteria. Choose What's Best for You Your respiratory therapist or another member ... specific ACTs for you to try. However, the best ACT is the one that you are most ...

  9. 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

  10. Airway Clearance Techniques (ACTs)

    Medline Plus

    Full Text Available ... and Open Enrollment Periods Claims and Appeals Glossary of Common Health Insurance Terms Understanding Travel Insurance Research X close About Our Research The Cystic Fibrosis Foundation is the world’s leader in the search for a cure for ...

  11. Comparison of a static and a dynamic in vitro model to estimate the bioaccessibility of As, Cd, Pb and Hg from food reference materials Fucus sp. (IAEA-140/TM) and Lobster hepatopancreas (TORT-2)

    International Nuclear Information System (INIS)

    Torres-Escribano, Silvia; Denis, Sylvain; Blanquet-Diot, Stephanie; Calatayud, Marta; Barrios, Laura; Velez, Dinoraz; Alric, Monique; Montoro, Rosa

    2011-01-01

    Bioaccessibility, the fraction of an element solubilized during gastrointestinal digestion and available for absorption, is a factor that should be considered when evaluating the health risk of contaminants from food. Static and dynamic models that mimic human physiological conditions have been used to evaluate bioaccessibility. This preliminary study compares the bioaccessibility of arsenic (As), cadmium (Cd), lead (Pb) and mercury (Hg) in two food certified reference materials (CRMs) (seaweed: Fucus sp., IAEA-140/TM; Lobster hepatopancreas: TORT-2), using two in vitro gastrointestinal digestion methods: a static method (SM) and a dynamic multicompartment method (TIM-1). There are significant differences (p < 0.05) between the bioaccessible values of As, Cd, Pb and Hg obtained by SM and TIM-1 in the two CRMs. The specific form in which the elements studied are present in the CRM may help to explain the bioaccessibility values obtained. - Research Highlights: →Data are reported for As, Cd, Pb and Hg bioaccessibility from food CRMs. →The static and TIM-1 methods give significantly different bioaccessibility values. →The possible influence of speciation on bioaccessibility is discussed. →To improve bioaccessibility quality data, food reference materials are needed.

  12. Comparison of a static and a dynamic in vitro model to estimate the bioaccessibility of As, Cd, Pb and Hg from food reference materials Fucus sp. (IAEA-140/TM) and Lobster hepatopancreas (TORT-2)

    Energy Technology Data Exchange (ETDEWEB)

    Torres-Escribano, Silvia [Instituto de Agroquimica y Tecnologia de Alimentos (IATA-CSIC), Apdo. 73, 46100, Burjassot, Valencia (Spain); Denis, Sylvain; Blanquet-Diot, Stephanie [Clermont Universite, Universite d' Auvergne, Centre de Recherche en Nutrition Humaine Auvergne, ERT 18, Conception ingenierie et developpement de l' aliment et du medicament, BP 10448, F-63000 Clermont-Ferrand (France); Calatayud, Marta [Instituto de Agroquimica y Tecnologia de Alimentos (IATA-CSIC), Apdo. 73, 46100, Burjassot, Valencia (Spain); Barrios, Laura [Departamento de Informatica Cientifica (SGAI-CSIC), C/ Pinar 19, 28006 Madrid (Spain); Velez, Dinoraz, E-mail: deni@iata.csic.es [Instituto de Agroquimica y Tecnologia de Alimentos (IATA-CSIC), Apdo. 73, 46100, Burjassot, Valencia (Spain); Alric, Monique [Clermont Universite, Universite d' Auvergne, Centre de Recherche en Nutrition Humaine Auvergne, ERT 18, Conception ingenierie et developpement de l' aliment et du medicament, BP 10448, F-63000 Clermont-Ferrand (France); Montoro, Rosa [Instituto de Agroquimica y Tecnologia de Alimentos (IATA-CSIC), Apdo. 73, 46100, Burjassot, Valencia (Spain)

    2011-01-01

    Bioaccessibility, the fraction of an element solubilized during gastrointestinal digestion and available for absorption, is a factor that should be considered when evaluating the health risk of contaminants from food. Static and dynamic models that mimic human physiological conditions have been used to evaluate bioaccessibility. This preliminary study compares the bioaccessibility of arsenic (As), cadmium (Cd), lead (Pb) and mercury (Hg) in two food certified reference materials (CRMs) (seaweed: Fucus sp., IAEA-140/TM; Lobster hepatopancreas: TORT-2), using two in vitro gastrointestinal digestion methods: a static method (SM) and a dynamic multicompartment method (TIM-1). There are significant differences (p < 0.05) between the bioaccessible values of As, Cd, Pb and Hg obtained by SM and TIM-1 in the two CRMs. The specific form in which the elements studied are present in the CRM may help to explain the bioaccessibility values obtained. - Research Highlights: {yields}Data are reported for As, Cd, Pb and Hg bioaccessibility from food CRMs. {yields}The static and TIM-1 methods give significantly different bioaccessibility values. {yields}The possible influence of speciation on bioaccessibility is discussed. {yields}To improve bioaccessibility quality data, food reference materials are needed.

  13. 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

    Directory of Open Access Journals (Sweden)

    Pescarini Massimo

    2016-01-01

    Full Text Available 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 the same energy group structure (47 n + 20 γ and based on different nuclear data were alternatively used: the ENEA BUGJEFF311.BOLIB (JEFF-3.1.1 and BUGENDF70.BOLIB (ENDF/B-VII.0 libraries and the ORNL BUGLE-96 (ENDF/B-VI.3 library. Dosimeter cross sections derived from the IAEA IRDF-2002 dosimetry file were employed. The calculated reaction rates for the Rh-103(n,n′Rh-103 m, In-115(n,n′In-115m and S-32(n,pP-32 threshold activation dosimeters and the calculated neutron spectra are compared with the corresponding experimental results.

  14. 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

  15. 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

  16. Validation of 2D flood models with insurance claims

    Science.gov (United States)

    Zischg, Andreas Paul; Mosimann, Markus; Bernet, Daniel Benjamin; Röthlisberger, Veronika

    2018-02-01

    Flood impact modelling requires reliable models for the simulation of flood processes. In recent years, flood inundation models have been remarkably improved and widely used for flood hazard simulation, flood exposure and loss analyses. In this study, we validate a 2D inundation model for the purpose of flood exposure analysis at the river reach scale. We validate the BASEMENT simulation model with insurance claims using conventional validation metrics. The flood model is established on the basis of available topographic data in a high spatial resolution for four test cases. The validation metrics were calculated with two different datasets; a dataset of event documentations reporting flooded areas and a dataset of insurance claims. The model fit relating to insurance claims is in three out of four test cases slightly lower than the model fit computed on the basis of the observed inundation areas. This comparison between two independent validation data sets suggests that validation metrics using insurance claims can be compared to conventional validation data, such as the flooded area. However, a validation on the basis of insurance claims might be more conservative in cases where model errors are more pronounced in areas with a high density of values at risk.

  17. Conscience claims, metaphysics, and avoiding an LGBT eugenic.

    Science.gov (United States)

    Brummett, Abram

    2018-04-23

    Novel assisted reproductive technologies (ART) are poised to present our society with strange new ethical questions, such as whether lesbian, gay, bisexual, and transgender (LGBT) couples should be allowed to produce children biologically related to both parents, or whether trans-women who want to experience childbirth should be allowed to receive uterine transplants. Clinicians opposed to offering such technologies to LGBT couples on moral grounds are likely to seek legal shelter through the conscience clauses enshrined in U.S. law. This paper begins by briefly discussing some novel ART on the horizon and noting that it is unclear whether current conscience clauses will permit fertility clinics to deny such services to LGBT individuals. A compromise approach to conscience is any view that sees the value of respecting conscience claims within limits. I describe and critique the constraints proposed in the recent work of Wicclair, NeJaime and Siegel as ultimately begging the question. My purpose is to strengthen their arguments by suggesting that in the controversial situations that elicit claims of conscience, bioethicists should engage with the metaphysical claims in play. I argue that conscience claims against LGBT individuals ought to be constrained because the underlying metaphysic-that God has decreed the LGBT lifestyle to be sinful-is highly implausible from the perspective of a naturalized metaphysic, which ought to be the lens through which we evaluate conscience claims. © 2018 John Wiley & Sons Ltd.

  18. Can Medicaid Claims Validly Ascertain Foster Care Status?

    Science.gov (United States)

    Raghavan, Ramesh; Brown, Derek S; Allaire, Benjamin T

    2017-08-01

    Medicaid claims have been used to identify populations of children in foster care in the current literature; however, the ability of such an approach to validly ascertain a foster care population is unknown. This study linked children in the National Survey of Child and Adolescent Well-Being-I to their Medicaid claims from 36 states using their Social Security numbers. Using this match, we examined discordance between caregiver report of foster care placement and the foster care eligibility code contained in the child's Medicaid claims. Only 73% of youth placed in foster care for at least a year displayed a Medicaid code for foster care eligibility. Half of all youth coming into contact with child welfare displayed discordance between caregiver report and Medicaid claims. Children with emergency department utilization, and those in primary care case management health insurance arrangements, had the highest odds of accurate ascertainment. The use of Medicaid claims to identify a cohort of children in foster care results in high rates of underascertainment. Supplementing administrative data with survey data is one way to enhance validity of ascertainment.

  19. Naturally good: Front-of-package claims as message cues.

    Science.gov (United States)

    Skubisz, Christine

    2017-01-01

    Excess bodyweight is a significant public health problem in the United States, increasing the risk of adverse health conditions including hypertension, diabetes, heart disease, stroke, and cancer. Americans are consuming more calories than their bodies need each day and making purchasing decisions using heuristic cues, rather than caloric information. A recent trend in food and beverage labeling is the placement of a natural claim on a product's package. Unfortunately, the United States has not established clear requirements for natural claims and manufacturers are using this term liberally. Using models of information processing as a framework, the goal of this study was to predict the effects of natural claims on message processing and evaluations. It was predicted that natural claims would be perceived as heuristics for healthfulness. A 6 (product) x 2 (claim) experimental design was carried out. Support for the prediction that natural labeled products are evaluated as more healthful was found. Despite the fact that natural products contained the same number of calories as their regular counterparts, participants estimated that natural products contained 18% fewer calories. Implications of these findings for food labeling and public health are discussed. Copyright © 2016 Elsevier Ltd. All rights reserved.

  20. 38 CFR 14.616 - Form and place of filing claim.

    Science.gov (United States)

    2010-07-01

    ... applicable to the claim. (b) Place of filing claim. Claims arising in the Philippines under 38 U.S.C. 515(b... the Philippines. Claims arising in other foreign countries will be filed with the American Embassy or... documents in other than the English language will be accompanied by English translations. (2) Personal...