Title

Screening and Monitoring Data as Evidence in Legal Proceedings

Document Type

Article

Publication Date

10-1986

ISSN

0096-1736

Publisher

The American College of Occupational and Environmental Medicine

Language

en-US

Abstract

The greatest legal impact of medical screening and biological monitoring may be in proceedings to compensate workers for occupational disease. In workers' compensation, failure to demonstrate a disease's work-relatedness has often barred compensation. Screening and monitoring data can add a new causal link by demonstrating longitudinally a worker's reaction to a toxic exposure. Employers may also use the data to rebut claims. In tort suits, the data can help establish causation and aid the admissibility of expert testimony. Of most significance, it may create a higher legal standard of care for employers based on increased knowledge of their workers' health status, which may open up new ground for suits. These legal implications of greater liability may make employers reluctant to collect medical test data. On the other hand, testing programs may aid them in legal proceedings by demonstrating good faith efforts to reduce disease risks.

This document is currently not available here.

Find on SSRN Link to Publisher Site Link to Publisher Site (BU Community Subscription)

Share

COinS