Does company compliance with RS-17 influence the characterization of a casual nexus in expert testimony?

• Autor(a) principal: Ribeiro,Manuela
• Data de Publicação: 2015
• Outros Autores: Guimarães,Bruno, Sampaio,Breno
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Brazilian Journal of Physical Therapy
• Texto Completo: http://old.scielo.br/scielo.php?script=sci_arttext&pid=S1413-35552015000100077
• topic: legislation; occupational physical therapy; cumulative trauma disorders; expert testimony; causal nexus; physical therapy

Objective: To examine whether company compliance with RS-17 influences the characterization of the casual nexus in physical therapists' expert reports of cumulative trauma disorders in the labor court of Pernambuco, Brazil. Method: The sample was composed of seven physical therapists who provided expert testimony regarding cumulative trauma disorder cases in the labor court of Pernambuco, Brazil. Data collection was performed across two stages. In the first stage, the experts answered a sociodemographic survey and requested the identification numbers of recent cases where expert testimony was provided to characterize the causal nexus. In the second stage, the researchers went to the labor court to collect expert testimony data. These experts indicated that of 75 total cases, 31% (N=23) of the companies fulfilled RS-17, whereas 69% (N=52) did not comply with the law. Results: Among the organizations that complied with legislation, 30% of the analyzed expert testimonies showed a positive causal nexus. However, of the companies that did not comply with RS-17, 71% of the expert testimonies revealed a causal nexus. These results indicate that the breach of the law increases the probability that a causal nexus will be determined by 54.8%. Conclusion: The results showed that failure to comply with RS-17 significantly increases the probability that a causal nexus will be determined in physical therapists' expert testimony of cumulative trauma disorders.