Compensation Setting Research Articles

The Carrier’s Defence to Liability for Delay under the Montreal Convention and EU Regulation 261/2004

This paper analyses the specific defence to liability for delay available to carriers, comparing its features under the Montreal Convention (MC99) and EU Regulation 261/2004 (Regulation 261). The relationship between these legal instruments has never been an easy one, whereas recent case law of the Court of Justice of the European Union on the socalled ‘extraordinary circumstances defence’ invites to explore similarities and differences between the international and the European approaches. The scope of application of the defence is clearer in Regulation 261 than in MC99. The former will only affect cancellations and delays – not cases of denied boarding, and its impact remains limited to the lump-sum compensation set out in Article 7 of Regulation 261. In turn, MC99 covers delays, but it is uncertain whether it also encompasses cancellations and situations of denied boarding – particularly when the passengers concerned are provided alternate transportation. Moreover, the defence laid down in MC99 applies to damage occasioned by delay, but the definition of ‘damage’ is left to domestic law. This situation gives rise to diverging decisions by national courts. Regarding the conceptualization of the defence, the wording of the relevant provisions might lead to think that both instruments share a regime of liability for presumed culpability. However, the extraordinary circumstances defence is much more complex. As a consequence, there is no alignment between MC99 and Regulation 261, although points of convergence are highlighted.

Clinician Experiences of and Responses to the Challenges of Working with Patients in the Australian Compensation Setting.

Previous research indicates that the compensation process is stressful for people with a compensable injury, contributing to poorer recovery. However, little is known about the challenges faced by clinicians who work in this setting. This study aims to qualitatively explore the experiences of clinicians delivering care to patients with compensable injuries in Australia. Semi-structured interviews were conducted with 26 experienced clinicians providing care to compensable patients in Australia. The interviews were transcribed, and data were analysed using reflective thematic analysis. Participants described their work as challenging due to factors such as high patient distress, poor clinical outcomes, and high administrative load. However, they responded to these challenges in varying ways. While some reported feelings of vicarious injustice, emotional exhaustion, and self-doubt, others derived a sense of meaning, purpose, and mastery from these challenges. Clinician responses to the challenge of working with people with a compensation claim were associated with access to mentoring, continuous education and training, and a supportive workplace culture. Clinicians reported both positive and negative responses to the challenges of working with people with a compensable injury. Coping strategies that were associated with more positive reactions included seeking further education, mentoring, peer support. Prioritising these support systems is important for clinician wellbeing and patient outcomes.

Bi-planar magnetic stabilisation coils for an inertial sensor based on atom interferometry

Inertial sensors that measure the acceleration of ultracold atoms promise unrivalled accuracy compared to classical equivalents. However, atomic systems are sensitive to various perturbations, including magnetic fields, which can introduce measurement inaccuracies. To address this challenge, we have designed, manufactured, and validated a magnetic field stabilisation system for a quantum sensor based on atom interferometry. We solve for the magnetic field generated by surface currents in-between a pair of bi-rectangular coils and approximate the surface current using discrete wires. The wires are wound by-hand onto machined panels which are retrofitted onto the existing mounting structure of the sensor without interfering with any experimental components. Along the central 60mm of the y-axis, which aligns with the trajectory of the atoms during interferometry, the coils are measured to generate an independent uniform axial magnetic field with a strength of Bz=22.81±0.01μT/A [mean±2σstd. error] and an independent linear axial field gradient of strength dBz/dy=10.6±0.1μT/Am. The uniform Bz field is measured to deviate by a maximum value of 1.3% in the same region, which is a factor of three times more uniform than the previously-used on-sensor rectangular Bz compensation set.

A coordinated voltage control scheme based on linearized power flow functions for non-optimal and optimal problems

This paper proposes a coordinated voltage control scheme for transmission systems based on linearized power flow functions to determine the set points of local control voltage devices. The scheme considers models and interactions between different devices to attain the appropriate performance (non-optimal or optimal) of the whole power system. The sensitivity analysis is used to formulate a partly linearized model that relates the voltage variations of buses to the reactive power variation of synchronous machines, settings of static VAr compensators (SVCs), shunt capacitors susceptance, and tap position of load tap changers (LTCs) to determine the set of the settings of the voltage control devices. Two formulations are proposed by considering the susceptance of SVCs or the slope and reference voltage of characteristics of SVCs as control variables. The developed formulation based on the linearized power flow functions provides the possibility of the practical implementation of the coordinated voltage control scheme, especially the optimal one, by reducing the model complexity and solving time. The performance of the proposed formulations is investigated by some studies of voltage control and an optimally coordinated problem on the IEEE 30-bus and IEEE 118-bus test systems.

Performance Analysis of Gaussian Apodized Fiber Bragg Grating (GA-FBG) Dispersion Compensator for a Long Haul Optical Fiber Link

This examination gives a complete analysis of the GA-FBG, a generally involved grating for dispersion compensation across a 150 kilometer optical link, from each point. The essential objective of this study is to distinguish how long the GA-FBG can work as an independent dissemination reimbursement gadget and how well it acts in various compensation settings. In this review, the GA-FBG is utilized as an option in contrast to the exorbitant Dispersion-Reimbursing Fiber inside the association to give a more safe optical link. The investigation delves into three specific compensation methods and studies the GA-FBG grating boundaries in light of the relative abundance of real imperatives associated with a Fiber Bragg Grating (FBG) in the design phase. Using a Piece Blunder Rate analyzer to examine the streamlined links' exhibition highlights allows us to evaluate their productivity. Results show that the GA-FBG exhibits a common dispersion compensation adequacy when the link's channel boundaries are tuned. Using gearbox over distances easily exceeding 500 km, the balanced compensation strategy delivers a remarkable Q-factor respect. Utilizing OptiSystem programming, we validate the proposed system's functional viability. The results of our study indicate that the GA-FBG is capable of efficiently counteracting dispersion, leading to an optical link that is both more economical and effective, with significant potential for extended transmission ranges.

A method of distributed series compensation for low voltage management in power distribution network

In some areas with sparse populations and dispersed power loads, the construction investment of distribution network lines cannot keep up, and the phenomenon of low voltage at the end of the power distribution network is particularly serious, even causing some household appliances to be unable to start. This article aims to provide some solutions to alleviate the low voltage of distribution network lines in certain regions. It introduces a method based on distributed series compensation for long lines with low voltage of the line terminal. In the same distribution network line, it is installed two or more sets of series compensators to alleviate the low voltage problem at the end of the long line of the distribution network based on a decentralized arrangement. The technical scheme is based on a 10 kV feeder for simulation to verify the correctness and effectiveness of the proposed method.

Preoperative opioid use and postoperative return to work following spinal surgery in workers' compensation settings: a systematic review and meta-analysis.

Opioid use prior to spinal surgery is common among patients with workers' compensation (WC) claims. Extended opioid use for pain management in this population is associated with several adverse outcomes including delayed return to work (RTW). This systematic review and meta-analysis aim to assess the evidence on the association of preoperative opioid use with stable RTW and RTW within 1-year after spinal surgery. The authors searched MEDLINE, Embase, PsycINFO, Emcare, CINAHL Plus, Scopus, and Web of Science from inception to 14 January 2023. The authors included studies that compared any preoperative opioid use with no opioid use, and those that enabled a comparison of different durations of preoperative opioid use. The primary outcome was stable RTW after spinal surgery. Secondary outcomes were RTW within 1-year after surgery and cost of WC claims. A random effect model was assumed to pool the effect estimate. The GRADE approach was applied to evaluate the certainty of evidence. From 2589 records, 10 studies were included, and of these, nine were considered for quantitative synthesis. All studies were observational with eight retrospective cohort and two case-control studies. Five studies each investigated cervical and lumbar disorders. With moderate certainty evidence, the odds of postoperative stable RTW reduced by half (OR: 0.51, 95% CI: 0.43-0.59; 5549 participants) in patients using opioids preoperatively. Similarly, moderate certainty evidence from 2348 participants demonstrated that the odds of RTW within 1-year after surgery were reduced by more than half in patients with preoperative opioid prescriptions (OR: 0.46, 95% CI: 0.36-0.59). This systematic review and meta-analysis shows that preoperative opioid use is associated with a reduction in odds of postoperative RTW by half in patients with WC-funded spinal surgery.

Research the adaptive neural networks using possibility in control systems for cycle chemistry at thermal power plants

The study is devoted to the analysis of the learning possibilities of adaptive neural networks in the context of water-chemical regime management systems. During a series of experiments on a laboratory stand with a disturbing effect, transient characteristics describing changes in the controlled value were obtained. The obtained mathematical models using the TunePID program served as the basis for the analysis and research of adaptive neural networks. Adaptive neural networks are a powerful tool capable of learning from the data obtained and dynamically changing their structure and parameters to accurately predict and control the behavior of the system. Unlike classical mathematical models, adaptive neural networks have the ability to process nonlinear dependencies and adapt to changing conditions without the need for manual reconfiguration. The stages of identification of disturbances and adaptation of compensator settings were described and illustrated. The study included an analysis of the work of a neural network with a different number of hidden neurons and various activation functions. The results showed that neural networks trained on data using an adaptive approach are able to predict and control the system with an accuracy comparable to the calculated parameters of the control coefficients calculated manually.

Analysis of the Degree of Influence of External Unfairness of Executive Compensation on the Stability of Corporate Management Teams

Abstract This paper uses explanatory variables to carry out the degree of executive unfairness on the stability of the team, using the number of members serving in the sample period to measure the stability of the executive team, the introduction of risk-taking, inefficient investment mediating variables on the role of corporate merger and acquisition behavior impact path. By calculating the causal relationship between executive team stability and corporate technological innovation performance, it is concluded that the degree of external positive inequity in compensation impacts corporate stability. It is found that the mean value of executive compensation in the agriculture and forestry industry is 0.287, the median is 0.193, and the average annual growth rate of average executive compensation is 24.2%, which can provide practical suggestions for corporate managers and decision-makers about compensation setting and team building.

Challenges and Opportunities Resulting from Mau Forest Evictions of Ogiek Community, Kenya

This paper presents the results and discussions of the objective of the study, which assessed the challenges and opportunities resulting from the evictions of the Ogiek people from the Mau Forest Complex. The study looked at the challenges faced by the Ogiek and the government following the evictions. Secondly, it examined the opportunities that the Ogiek community and the government experienced after the evictions. Public interest and human needs theories underpinned the study. The study used a descriptive research design. The study sampled 465 respondents, who included 384 household heads, 1 county commissioner, 2 deputy county commissioners, 7 chiefs, 14 village elders, 1 county police commander, 2 sub-county police commanders, 5 conservationist organizations, 5 environmentalist groups, 1 United Nations Environment Programme (UNEP) officer, 1 UN Habitat officer, 1 officer from the ministry of environment, 10 officers from Kenya Forest Service (KFS), 10 officers from Kenya Wildlife Service (KWS), 5 officers from NGOs, 1 officer from the National Environment Management Authority (NEMA), and 15 heads of NGOs and CBOs. The study applied simple random, purposive, and census sampling techniques. Interviews, questionnaires, focus group discussions (FGD), and observation made up the data collection instruments. SPSS version 26 was used to analyze quantitative data and was presented in tables, graphs, and charts. The study examined the challenges and opportunities of Mau forest evictions, where poaching, animal attacks, hunger, malnutrition, mental illnesses, and poor health plagued the Ogiek community. The study recommends clear and transparent guidelines regarding the eviction process and any form of compensation set and discussed with the affected households so as to avoid unnecessary impoverishment and protect livelihoods. This information is useful as it will better inform forest managers, policymakers, and other actors in their efforts to fairly and responsibly manage and balance ecological and social development. The study suggests that the government of Kenya adopts a more humane and sustainable relocation policy and involves the Ogiek community in decision-making and investment in alternative livelihoods.

Quantifying the Contribution of Lower Limb Compensation to Upright Posture: What Happens if Adult Spinal Deformity Patients Do Not Compensate?

This is a multicenter, prospective cohort study. This study tests the hypothesis that elimination of lower limb compensation in patients with adult spinal deformity (ASD) will significantly increase the magnitude of sagittal malalignment. ASD affects a significant proportion of the elderly population, impairing functional sagittal alignment and inhibiting overall quality of life. To counteract these effects, patients with ASD use their spine, pelvis, and lower limbs to create a compensatory posture that allows for standing and mobility. However, the degree to which each of the hips, knees, and ankles contributes to these compensatory mechanisms has yet to be determined. Patients undergoing corrective surgery for ASD were included if they met at least one of the following criteria: complex surgical procedure, geriatric deformity surgery, or severe radiographic deformity. Preoperative full-body x-rays were evaluated, and age and PI-adjusted normative values were used to model spine alignment based upon three positions: compensated (all lower extremity compensatory mechanisms maintained), partially compensated (removal of ankle dorsiflexion and knee flexion, with maintained hip extension), and uncompensated (ankle, knee, and hip compensation set to the age and PI norms). 288 patients were included (mean age 60y, 70.5% females). As the model transitioned from the compensated to uncompensated position, initial posterior translation of the pelvis decreased significantly to an anterior translation versus the ankle (P.Shift: 30 to -7.6mm). This was associated with a decrease in pelvic retroversion (PT: 24.1 to 16.1), hip extension (SFA: 203 to 200), knee flexion (KA: 5.5 to-0.4), and ankle dorsiflexion (AA: 5.3 to 3.7). As a result, the anterior malalignment of the trunk significantly increased: SVA (65 to 120mm) and G-SVA (C7-Ankle from 36 to 127mm). Removal of lower limbs compensation revealed an unsustainable truncal malalignment with two-fold greater SVA.

Operational optimal control of industrial evaporation process using noisy and multimode data

Operational optimal control (OOC) aims to maintain the process indexes of an industrial process within the desired range by deciding the control set points. However, the optimization is made difficulty because the key process index cannot be measured online and accurate model for optimization is not available. This work deals with these issues in an industrial multiple-effect evaporation process, with the goal of controlling the product liquor density. The proposed operational optimization framework dynamically finds the optimal control set points through the collaboration of an initial optimizer, a data-driven key process index predictor and a set point compensator. The process index predictor is developed based on the hierarchical Gaussian mixture model, which approximates the distribution of noisy and multimode process data. Then, the same model is used for finding the optimal compensation set points online, where an efficient sampling based stochastic search algorithm is proposed. The proposed method is tested using simulation and in a real industrial evaporation process showing superior performance.

A conceptual framework for analysing compensation for expropriation of customary property rights

PurposeThis paper develops a conceptual framework that is applicable in various compensation settings vis-a-vis relevant legal frameworks, compensation processes and practices, compensation outcomes and adequacy of resultant compensation by using a common evaluative framework, to address the lack of such a conceptual framework in the compensation literature. Also, by developing a new conceptual framework, this paper provides a platform and an analytical tool for anchoring and analysing future research on compensation for expropriation of various property rights.Design/methodology/approachThis conceptual paper is based on original thought and review of literature on compensation for expropriation.FindingsA critical analysis of existing literature on compensation for expropriation of customary properties reveals that most studies are inadequately informed by relevant compensation theories and that each study uses its own tailor-made analytical framework. This entails that there is no general conceptual framework for anchoring new studies in compensation and aid in extrapolating their results to similar populations and contexts.Originality/valueThis paper makes novel contribution to knowledge by developing a new conceptual framework for analysing compensation for expropriation of customary property rights, which is not there currently. Essentially, by developing the new conceptual framework, this paper provides a basis for anchoring new research works in compensation and their analyses, thereby making a further contribution to knowledge.

Optical design of a null test for off-axis three-mirror system based on refractive-diffractive zoom hybrid compensator

In general, the reflectors of off-axis three-mirror system have large apertures and large differences in surface shape, which means it is difficult to use one set of null compensators to test all the aspheric mirrors in the off-axis three-mirror system because of the limitation of the dynamic range of the testing equipment. In this paper, we propose a surface shape test method that combines a refractive-zoom lens group and a Spatial Light Modulator (SLM) as a null compensator to test all the aspheric surfaces of one off-axis three-mirror system. The proposed method is verified by simulating the null test process of three aspheric mirrors of one off-axis three-mirror system, with the consideration of the fabrication and alignment errors. Simulation results show that the probability that residual wave aberration is within 0.1λ RMS is 50% for the primary mirror and 40% for the secondary mirror and 80% for the tertiary mirror.

The Lost Art of Spinal Physical Examination

Abstract Spinal examination findings of “spasm” and “facet pain” are unreliable. A thorough neurological examination can help differentiate true symptomatic radiculopathy from nonverifiable radicular complaints. Manual muscle testing may miss subtle findings. The correct diagnosis for most low-back injuries in the worker's compensation setting is “nonspecific spinal pain.”

Unified approach for tolerance analysis, synthesis, and compensator selection.

Tolerancing is a necessary task for practical designs. The system Jacobian is utilized here for the three sub-tasks of tolerancing. The first is tolerance analysis, which is evaluation of the perturbed system. Second is tolerance allocation, also known as tolerance budgeting and more widely known as error budgeting. The automatic allocation of tolerances is tolerance synthesis. The algorithm described accomplishes this by fitting an orthotope inside an ellipsoid. Third is compensator selection. Metrics are presented that correlate with the looseness of the allocated tolerances and hence with the effectiveness of the compensator set, thus enabling identification of the most optimum combination of compensators.

Is Workers' Compensation Setting a Predictor for Spinal Cord Stimulation Failure?

Predictors of spinal cord stimulation (SCS) therapies' success remain elusive but the workers' compensation setting (WCS) has lower rates for success than non-WCS cohorts.1,2 The objective of this observational study was to compare the outcomes of SCS trials and implants in WCS versus no compensation setting (NCS).

Physical therapy utilization, costs, and return-to-work status following lumbar spine surgery: A retrospective analysis of workers compensation claims in Australia

BackgroundNo study to our knowledge has explored physical therapy utilization following lumbar spine surgery in a workers’ compensation setting. ObjectivesDescribe physical therapy utilization and costs, and return-to-work status in patients following lumbar spine surgery under a workers’ compensation claim. MethodsUsing data from the New South Wales (NSW) State Insurance Regulatory Authority (Australia), we audited physical therapy billing codes for patients who received lumbar spine surgery from 2010 to 2017. We summarised, by fusion versus decompression, the number of physical therapy sessions patients received up to 12 months post-operatively, total cost of physical therapy and time to initiation of physical therapy. Number of physical therapy sessions and physical therapy utilization at 12 months were summarised by return-to-work status at 12 months. ResultsWe included 3524 patients (1220 had fusion; 2304 decompression). On average, patients received 22 ± 22 physical therapy sessions to 12 months post-operatively (mean cost=AU$1902, US$1217); 24% were receiving physical therapy at 12 months. Most had 9–24 (31%) or 25–50 sessions (25%); 11% had > 50 sessions, whereas 11% had no physical therapy. Patients who had fusion (compared to decompression) had more physical therapy and incurred higher physical therapy costs. Time post-surgery to initiate physical therapy increased from 2010 to 2017. Patients with > 50 sessions and still having physical therapy by 12 months were least likely to be working. ConclusionsFor most patients, physical therapy utilization following lumbar spine surgery aligns with the best available evidence. However, some patients may be receiving too much physical therapy or initiating physical therapy too early.

Electrical Compensation for Magnetization Distortion of Magnetic Fluxgate Current Sensor

Current sensors based on the fluxgate magnetic field meter and feedback zero-field operating principle have excellent current measurement accuracy and linearity in a large range of up to thousands of amperes. An excitation current ( <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"> <tex-math notation="LaTeX">${I}_{e}$ </tex-math></inline-formula> ) is employed in a magnetic fluxgate sensor to magnetize the magnetic core periodically, which will generate magnetization distortion that affects the performance of the sensor. This article proposes a novel scheme for suppressing the magnetization distortion through electrical compensation. The source of the magnetization distortion is theoretically derived and analyzed. It is found that the magnetization distortion is a function of the excitation current <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"> <tex-math notation="LaTeX">${I}_{e}$ </tex-math></inline-formula> and is not affected by the primary current. Since <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"> <tex-math notation="LaTeX">${I}_{e}$ </tex-math></inline-formula> is a periodical current that is determined by the parameters of the sensor itself, it is feasible to inject a specified periodical current to the output port of the sensor to cancel the magnetization distortion. Compared with the magnetization distortion compensation method with an additional core and coil, this method does not need to pair the cores or coils, which significantly reduces the complexity of the production process and saves space for the sensor. A prototype sensor with electrical compensation is designed, fabricated, and tested. Experimental results show that the compensation setting significantly suppresses the magnetization distortion signal. The amplitude of the basic frequency component is reduced from 24 to <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"> <tex-math notation="LaTeX">$6.8 ~\mu \text{V}$ </tex-math></inline-formula> . The other odd harmonics of the magnetization distortion are also reduced. The electrical compensation method works properly in a large current range from −1.5 to 1.5 kA. The scale accuracy of the prototype sensor is less than 5.7 ppm (parts per million). The compensation method can suppress the magnetization distortion to a similar level with operating temperature changes from room temperature to 50 °C.

Poorer Preoperative Function Leads to Delayed Return to Work After Anterior Cervical Discectomy and Fusion for Degenerative Cervical Myelopathy.

The factors that affect return to work (RTW) after anterior cervical discectomy and fusion (ACDF) for degenerative cervical myelopathy (DCM) remain unclear, especially in a non-Workers' Compensation setting. We aimed to (1) identify factors that influence RTW in patients undergoing ACDF (2) determine if early RTW plays a role in functional outcomes, quality of life, and satisfaction. Prospectively collected data of 103 working adults who underwent primary ACDF for DCM were retrospectively reviewed. Patients were stratified into 2 groups: early RTW (≤60 days, n = 42) and late RTW (>60 days, n = 61). The mean time taken to RTW was 34.7 and 134.9 days in the early and late RTW groups, respectively (P < 0.001). The early RTW group had significantly better preoperative Japan Orthopaedic Association (JOA) score and Neck Disability Index (NDI) (P < 0.05) and showed a trend toward higher 36-Item Short Form Physical Component Summary (PCS) (P = 0.071). The early RTW group also had significantly better postoperative JOA, NDI, and PCS at 6 months and less arm pain along with a trend toward better NDI at 2 years (P = 0.055). However, there was no difference in the change in outcome scores and a similar proportion in each group attained the minimal clinically important difference for each metric. At 2 years, 85.7% and 77.0% were satisfied in the early and late RTW groups, respectively (P = 0.275). While working adults that RTW later tend to have poorer function preoperatively and up to 2 years postoperatively, surgeons may reassure them that they will likely experience the same degree of clinical improvement and level of satisfaction after ACDF. Level 3, therapeutic study.