Abstract

For the purpose of arbitrating claims for traumatic appendicitis, the arbitrator must rely on certain criteria or postulates in order to establish a reasonable relationship between the injury and the disease. The position taken here is that it is highly improbable that trauma can initiate appendicitis. Such a condition should be accepted only when the individual case satisfies the following criteria: 1. 1. No symptoms or signs of appendicitis should have existed before the accident and the individual must have been able to work. 2. 2. Severe injury of the abdomen or over-exertion must be proved. 3. 3. There must be immediate evidence of illness which leads to cessation of work at once. An interval of two or three days without any symptom and the full ability to work makes the asserted relationship improbable. The relationship between trauma and aggravation of appendicitis should be accepted only when it satisfies the following criteria: 1. 1. The injury must have been severe enough to cause at least a temporary cessation from work. 2. 2. The nature and location of the injury must have been such as could affect the appendix. 3. 3. The symptoms of appendicitis must follow the injury directly. 4. 4. In case of death the autopsy should show that the appendix, through its abnormal position and condition, could have been influenced by the injury. There is no great legal distinction between initiation and aggravation of disease since compensation is paid in either case. The increasing trend toward compensating disease associated with accidental injuries would indicate a need for redefining workmen's compensation procedure to carry out legislative intent. Shall it be insurance against accident, or shall it be sickness insurance?

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call