Database

Under the Employers’ Liability (Compulsory Insurance) Regulations 1998, it is a legal requirement for Employers, as of 1st January 1999, to retain their Employers’ Liability Insurance Certificates or copies for 40 years. The Certificate of Employers’ Liability Insurance Register (www.celir.com 01234 352999) proposes to provide an archiving service to client companies for each annual certificate for the required forty years. They also propose to provide a research facility for potential claimants needing to trace insurance providers. However, this facility is limited to the database of certificates lodged with CELIR by client companies. Potential claimants wishing to trace insurance providers outside the CELIR scheme are being advised to contact ABI for assistance. The CELIR scheme currently appears of little use to potential claimants for EL claims. If the venture is successful then it’s utility may well increase.

Chronic pain is naturally self resolving in the great majority of cases where tissue damage is repaired. But it persists and is disabling to a significant proportion. This study examines the role of anxiety. Interventions for anxiety are possible. Evidence from: MJ Zvolensky et al. Behavioural Research and Therapy. June (2001) Vol. 39 #6 p 683. The Radar report is available to subscribers: 1#6 15

Views about head injury are evolving. Greater attention is now being paid to relatively minor symptoms which have powerful effects on quality of life and damages. Evidence from: B Gurr et al. Brain Injury. May (2001) Vol. 15 #5 p 387. A report of the effect of concussion caused by an injury event and the effectiveness of graduated exposure, in a safe environment, on rehabilitation. The report states that between 51% and 86% of minor head injuries are accompanied by post concussion syndrome (PCS): • dizziness 25-30%, • visual problems 19%, • depression >35%, • anxiety >45% Duration is often >3 months (but without stating how often and in what circumstances). The report into rehabilitation of such cases was not particularly noteworthy. Comment Treatment and the organisation of post injury services should make allowances for PCS. Therapy to prevent unnecessary chronicity and severity of the above complications may prove valuable in preventing unnecessary morbidity and disability.

The purpose of intervention in back pain can vary from one stakeholder to another. A medic might aim for pain reduction, a physio might aim for range of movement, an employer might aim for return to work. All three are inter-related and contribute to damages awards. But it isn’t as simple as that. What does the injured person aim for? Evidence from: J Guzman et al (C Bombardier). BMJ. June (2001) #7301 p 1511. A review of intervention studies and what works. The Radar report is available to subscribers: 1#6 13

Genetic contributions to risk can be estimated. One problem for claims is that a certain proportion of people will get cancer regardless of exposure to hazard. Those that by chance also have a history of negligent exposure, may win a claim. Evidence from: MFG Murphy et al. British Journal of Cancer. June (2001) Vol.84 #11 p 146. A study of childhood cancer rates amongst twins, compared with national data, in England. 13,009 twins born between 1963-89 were eligible for the study. Their histories were checked on what is believed to be a very comprehensive cancer registry. Registry entries up to 31 Dec 1995 were included. Roughly 20% fewer cancers were found among twins than were expected. A statistically significant result. Comment This finding is not unique, it confirms for example a 10% reduction in cancer rates among twins seen in a study from Norway. Epidemiology of childhood cancers should attempt to account for this effect in their

A disease which continues to worsen after exposure has ceased might be regarded as indivisible; making it difficult to share liability on a time on risk basis. This study examined silicosis cases over a period of 17 years after exposure ended. Some progression was observed. Damages awards should take this into account if they are to fully indemnify. Evidence from: HS Lee et al. Occupational and Environmental Medicine. July (2001) Vol.58 #7 p467. Prediction of progression in individual cases may not be possible, but the probability can be estimated from this research. The Radar report is available to subscribers: 1#6 11