The Rights to Claim for Industrial Injury Compensation and Tort Compensation are Applicable to the Law:Taking Fu and Li v.a Passenger Transport Company as an Example

In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.

Evaluation of Occupational Risk Factors for Healthcare Workers through Analysis of the Florida Workers’ Compensation Claims Database

The purpose of this study is to evaluate occupational risk factors for nurses and CNAs by analyzing the Florida workers’ compensation claims database. Risk factors for the cause of injury, nature of injury, body part injured, and demographic and lifestyle factors were evaluated for a sample of CNAs, nurses, and restaurant servers. The results identified falls, lifting, being struck, and pushing and pulling as major causes for injury among nurses and CNAs as compared to servers. Regarding the nature of injury, sprains and strains constituted the majority of claims for nurses and CNAS with the lower back being the body part most commonly injured in a claim. The results of this study indicate that nurses and CNAs are at far greater risk for physical injury than injury or illness from chemical or biological exposures. It is recommended that emphasis must be placed on interventions for musculoskeletal injuries such as falls and lifting, taking into account environmental factors such as age and lifestyle factors that further exacerbate risk for injury.

Acute kidney injury and the compensation of kidney function after nephrectomy in living donation

Acute kidney injury(AKI)incidence is growing rapidly,and AKI is one of the predictors of inpatient mortality.After nephrectomy,all the patients have decreased kidney function with AKI and recover from AKI.However,the characteristic and behavior of AKI is different from usual AKI and compensatory kidney function has been well known in the postoperative setting,especially in living donors.In this review,we have focused on the compensation of kidney function after nephrectomy in living donors.We discuss factors that have been identified as being associated with kidney recovery in donors including age,sex,body mass index,remnant kidney volume,estimated glomerular filtration rate,and various comorbidities.

Low-frequency pulsed electromagnetic field pretreated bone marrow-derived mesenchymal stem cells promote the regeneration of crush-injured rat mental nerve

Bone marrow-derived mesenchymal stem cells （BMSCs） have been shown to promote the regeneration of injured peripheral nerves. Pulsed electromagnetic field （PEMF） reportedly promotes the proliferation and neuronal differentiation of BMSCs. Low-frequency PEMF can induce the neuronal differentiation of BMSCs in the absence of nerve growth factors. This study was designed to investigate the effects of low-frequency PEMF pretreatment on the proliferation and function of BMSCs and the effects of low-frequency PEMF pre-treated BMSCs on the regeneration of injured peripheral nerve using in vitro and in vivo experiments.In in vitro experiments, quantitative DNA analysis was performed to determine the proliferation of BMSCs, and reverse transcription-polymerase chain reaction was performed to detect S100 （Schwann cell marker）, glial fibrillary acidic protein （astrocyte marker）, and brain-derived neurotrophic factor and nerve growth factor （neurotrophic factors） mRNA expression. In the in vivo experiments, rat models of crush-injured mental nerve established using clamp method were randomly injected with low-frequency PEMF pretreated BMSCs, unpretreated BMSCs or PBS at the injury site （1 × 106 cells）. DiI-labeled BMSCs injected at the injury site were counted under the fluorescence microscope to determine cell survival. One or two weeks after cell injection, functional recovery of the injured nerve was assessed using the sensory test with von Frey filaments. Two weeks after cell injection, axonal regeneration was evaluated using histomorphometric analysis and retrograde labeling of trigeminal ganglion neurons. In vitro experiment results revealed that low-frequency PEMF pretreated BMSCs proliferated faster and had greater mRNA expression of growth factors than unpretreated BMSCs. In vivo experiment results revealed that compared with injection of unpretreated BMSCs, injection of low-frequency PEMF pretreated BMSCs led to higher myelinated axon count and axon density and more DiI-labeled neurons in the trigeminal ganglia, contributing to rapider functional recovery of injured mental nerve. These findings suggest that low-frequency PEMF pretreatment is a promising approach to enhance the efficacy of cell therapy for peripheral nerve injury repair.

Nature-Based Therapy for People Suffering from Post-Concussion Syndrome—A Pilot Study

Background: Approximately 10% - 15% of people diagnosed with a concussion develop post-concussion syndrome (PCS), in which mental fatigue is a dominating symptom. PCS has major consequences for the individuals diagnosed, and society as a whole. Objective: The objective of the pilot study was to investigate whether a nature-based therapeutic (NBT) intervention would be suitable for ameliorating the symptoms experienced by people with PCS, especially mental fatigue. Method: Eight participants diagnosed with PCS took part in a NBT programme, which consisted of weekly two-hour sessions over the course of eight weeks. The participants’ level of mental fatigue was measured on the Mental Fatigue Scale (MFS) before and after the intervention. An analogue scale inspired by the EuroQol-visual analogue scales (EQ-VAS) was used to measure immediate self-perceived feeling of health/ well-being before and after individual sessions. A semi-structured interview was held with each participant after the intervention. The interviews and logbooks were analysed through content analysis, which entails several steps in a spiral-like process, from reading and re-reading the transcripts to forming units of meaning, which were then grouped into sub-categories and categories for further analysis. Result: The MFS showed a significant decrease in mental fatigue and large effect size. The participants’ self-assessed health/ well-being on the analogue scale showed an increase from the beginning to the end of each session. The analysis of the interviews revealed that the participants experienced the sensory stimuli and exercises in the natural environment as motivating and meaningful, even when they were challenging. Further, they found the psycho-educational aspects transferable to everyday life. Conclusion: The results support that NBT can have potential in the rehabilitation of PCS, by lowering mental fatigue and improving health and well-being. The NBT was further found to be experienced as enjoyable and motivating with good transferability to everyday life.

A Study of Compensation for Mental Damage and its Related Issues

the “People’s Republic of China consumer protection law” enacted since October 1, 1993, although the body of consumers rights, right to health and life aspects of the more detailed provisions, but the spirit of damages to the corresponding compensation without effective feasible regulations, so that in judicial practice, judgments of similar cases the results vary greatly. Contrary to the equity of the law and the rule of law the same principle, can not adapt to the development of market economy, safeguard the legitimate rights and interests of consumers deeper. Therefore, it has become a necessary trend to make up for the legislative defects of the system of compensation for mental damage, and to establish the system of compensation for mental damage.

Olfaction as a soldier——a review of the physiology and its present and future use in the military

Olfaction is one of our 5 main qualitative sensory abilities. In this review, we have examined the physiology of olfaction from the olfactory receptor to the brain. Through analyzing the physiology of olfaction, we have found that the biochemistry of olfactory nerve stimulation is unique from that of other similar pathways. Upon receiving large amounts of input from the olfactory nerve, the olfactory bulb, followed by several layers of centrifugal and centripetal processing in the brain, has to sort the information from the input as well as integrate it with other inputs from the brain to develop a coherent understanding of the input. We then examined the implications of olfaction in the military, the practical applications of electronic noses and problems associated with injury to olfaction that could affect compensation and combat worthiness of a soldier following injury. In the military, olfaction can allow the army to perform at its best through 4 main methods, namely ensuring olfaction is consistent with other dimensions of perception(ensuring optimal olfaction ability in all soldiers in combat), understanding the impact of different common combat environments on the sense of smell, utilizing odor as a defense mechanism and using olfactory aids when necessary. Electronic noses are olfactory aids that have a large potential in the military ranging from saving lives through the detection of explosives to potential methods for improving combustion efficiency. There are several problems associated with injury to olfaction that should be considered when deciding on compensation and combat worthiness of the soldier following an injury.

Transcranial magnetic stimulation: potential treatment for co-occurring alcohol, traumatic brain injury and posttraumatic stress disorders

Alcohol use disorder （AUD）, mild traumatic brain injury （mTBI）, and posttraumatic stress disorder （PTSD） commonly co-occur （AUD ＋ mTBI ＋ PTSD）. These conditions have overlapping symptoms which are, in part, reflective of overlapping neuropathology. These conditions become problematic because their co-occurrence can exacerbate symptoms. Therefore, treatments must be developed that are inclusive to all three conditions. Repetitive transcranial magnetic stimulation （rTMS） is non-invasive and may be an ideal treatment for co-occurring AUD ＋ mTBI ＋ PTSD. There is accumulating evidence on rTMS as a treatment for people with AUD, mTBI, and PTSD each alone. However, there are no published studies to date on rTMS as a treatment for co-occurring AUD ＋ mTBI ＋ PTSD. This review article advances the knowledge base for rTMS as a treatment for AUD ＋ mTBI ＋ PTSD. This review provides background information about these co-occurring conditions as well as rTMS. The existing literature on rTMS as a treatment for people with AUD, TBI, and PTSD each alone is reviewed. Finally, neurobiological findings in support of a theoretical model are discussed to inform TMS as a treatment for co-occurring AUD ＋ mTBI ＋ PTSD. The peer-reviewed literature was identified by targeted literature searches using PubMed and supplemented by cross-referencing the bibliographies of relevant review articles. The existing evidence on rTMS as a treatment for these conditions in isolation, coupled with the overlapping neuropathology and symptomology of these conditions, suggests that rTMS may be well suited for the treatment of these conditions together.

Recombinant human fibroblast growth factor-2 promotes nerve regeneration and functional recovery after mental nerve crush injury

Several studies have shown that fibroblast growth factor-2 （FGF2） can directly affect axon regeneration after peripheral nerve damage. In this study, we performed sensory tests and histological analyses to study the effect of recombinant human FGF-2 （rhFGF2） treatment on damaged mental nerves. The mental nerves of 6-week-old male Sprague-Dawley rats were crush-injured for 1 minute and then treated with 10 or 50 μg/mL rhFGF2 or PBS in crush injury area with a mini Osmotic pump. Sensory test using von Frey filaments at 1 week revealed the presence of sensory degeneration based on decreased gap score and increased difference score. However, at 2 weeks, the gap score and difference score were significantly rebounded in the mental nerve crush group treated with 10 μg/mL rhFGF2. Interestingly, treatment with 10 μg/mL rhFGF had a more obviously positive effect on the gap score than treatment with 50 μg/mL rhFGF2. In addition, retrograde neuronal tracing with Dil revealed a significant increase in nerve regeneration in the trigeminal ganglion at 2 and 4 weeks in the rhFGF2 groups （10 μg/mL and 50 μg/mL） than in the PBS group. The 10 μg/mL rhFGF2 group also showed an obviously robust regeneration in axon density in the mental nerve at 4 weeks. Our results demonstrate that 10 μg/mL rhFGF induces mental nerve regeneration and sensory recovery after mental nerve crush injury.

Pattern of mental health service use and risk of injury: A longitudinal study

Objective: The aim of this study is to investigate the association between mental health treatment patterns and risk of injuries among a Western Australian male birth cohort. Method: A population-based birth-cohort of males born between 1980 and 1984 in Western Australia was followed up using linked health data. Results: Participants with mental health conditions were at an increased risk of injury. Those with a continuous mental health treatment pattern without interruption or window periods had lower risk of injury compared to those with treatment interruption or window periods. The adjusted incidence rate ratios (95% confidence interval) for injury among participants: 1) without a mental condition, 2) with a previous mental condition, 3) with a mental condition in the last four years and without interruption in their mental health treatment, and 4) with a mental condition in the last four years with interruptions in mental health service, were 0.38 (0.35 - 0.40), 0.77 (0.71 - 083), 1.0 (reference group) and 2.06 (1.72 - 2.47) respectively. Conclusion: Increasing resources for mental health services and enabling sufficient continuous mental health services and follow-up may reduce the risk of injury among populations with mental health conditions.

Predictors of Chronic Physical and Mental Quality of Life Following Traumatic Brain Injury

Objective and Background: This study aimed at determining the predictors of chronic physical and mental quality of life (QOL) in patients with traumatic brain injury (TBI) focusing on neuropsychological functions post trauma. Materials and Methods: This is a longitudinal study in which 257 patients having inclusion criteria were enrolled. Neuropsychological tasks including logical memory, verbal paired associates, visual memory, verbal expression, auditory comprehension, semantic judgment and semantic categories were implemented. The appearance of psychiatric disorder, Agnosia, Apraxia, Dysarthria and pragmatic linguistic disorder post trauma were evaluated at discharge. QOL was studied 6 months after injury by filling SF-36 questionnaire via phone interview with patients. Results: Appearance of some post-traumatic disorders including agnosia, pragmatic linguistic disorder and psychiatric disorder were significantly correlated to poor QOL. The final step of logistic regression model showed that TBI severity, verbal memory, auditory comprehension and semantic acceptability scores were predictors of unfavorable mental QOL as well as TBI severity, injury severity scale (ISS) score and multifocal lesions for unfavorable physical QOL. Discussion: Thus, it is recommended that clinicians choose medical therapeutic priorities to improve the verbal neuropsychological sequela and provide preliminaries for a chronic favorable mental QOL. Furthermore, to prevent of chronic unfavorable physical QOL, early care of organic injuries should be considered especially in patients with severe and multifocal TBI.

Mindfulness and Aerobic Exercise as an Intervention for Cognitive Dysfunction Following an Acquired Brain Injury: A Pilot Study

Background: Cognitive impairments as sequelae of brain injury are common and can negatively affect activities of everyday life, participation and quality of life. Thus, finding ways to reduce cognitive impairments and ameliorate their negative impact on everyday life is an important focus of research. Aim: The aim of this pilot study was to analyse the effects of a combination of guided mindfulness and aerobic exercise on cognitive ability and mental fatigue in patients with acquired brain injury (ABI). Design: Pilot study, with a before-after design. Setting: Outpatient. Population: Twenty-one patients suffering from ABI, former patients of three rehabilitation medicine departments. Methods: The intervention comprised a structured combination of guided mindfulness program and outdoor walking, three times/week for 12 weeks. The outcome measures included assessment of information processing speed, working memory, oxygen uptake and self-reported mental fatigue. Results: The main results showed improvements in cognitive abilities related to information processing speed, perceived mental fatigue and physical capacity. Conclusions: A combination of mindfulness and physical activity can increase information processing speed and ameliorate mental fatigue. Further studies are needed to confirm our findings. Clinical Rehabilitation Impact: The combination of guided mindfulness and physical activity shows promise as a treatment modality in rehabilitation of impaired information processing speed and mental fatigue following ABI.

Correlative Factors for Organic Psychotic Symptoms in Pa- tients Following Traumatic Brain Injury

Objective To investigate the correlative factors for organic psychotic symptoms following traumatic brain injury(TBI). Methods In the current study, 391 subjects who had undergone forensic identification of the organic mental disorders due to TBI were included, both the demographic and post-traumatic information collected. The relevant data were statistically analyzed in those confirmed as organic psychotic syndrome according to Chinese Classification of Mental Disorders 3rd version(CCMD-3). Results Fifty-two subjects(13.3%) were identified as organic psychotic symptoms. The chi-square test showed that the detectable organic psychotic symptoms were associated with the marriage status, damage nature,injury severity and treatment, and the multivariate logistic regression analysis revealed good fitness of treatment and injury severity with the regression model(OR=0.044, 95% CI: 0.017-0.114; OR=2.145,95% CI: 1.201-3.832, respectively). Conclusion The risks of organic psychotic symptoms following TBI can be involved in the alternative of craniotomy for the cases with trauma and moderate brain injury.

基于精神情感状况导向的照护模式在重症颅脑损伤术后恢复期患者中的应用

目的 探讨基于精神情感状况导向的照护模式在重症颅脑损伤术后恢复期患者中的应用效果。方法 选取2020年2月至2023年2月湖南中医药高等专科学校附属第一医院100例重症颅脑损伤恢复期患者,以奇偶数法分为对照组和干预组,各50例。对照组于术后恢复期给予常规护理干预,干预组在对照组的基础上给予基于精神情感状况导向的照护模式干预,干预1个月。比较两组干预前后负面情绪[焦虑自评量表(SAS)及抑郁自评量表(SDS)]、日常生活活动能力[改良Barthel指数(MBI)]及认知功能[蒙特利尔认知评估量表(Mo CA)]。结果 干预后,两组SAS、SDS评分低于干预前,且干预组低于对照组(P<0.05);两组MBI、Mo CA评分高于干预前,且干预组高于对照组(P<0.05)。结论 基于精神情感状况导向的照护模式可改善重症颅脑损伤术后恢复期患者的负面情绪,提高日常生活活动能力和认知功能。

关于北京市科技工作者精神压力与心脏损伤的研究

为研究北京市科技工作者精神压力与心脏损伤的关系,以155名北京市科技工作者为研究对象,测量相关指标。结果表明,样本群体中心血管疾病占比20.6%,抑郁占比35.9%,焦虑占比24.8%,失眠占比38.8%。在应对精神压力应激时,科技工作者血压、心率均较静息时明显升高,心率变异性指标中SDNN(Standard deviation of NN intervals,RR间期标准差)下降、LF/HF(low frequency/high frequency,低高频比值)升高,反映样本群体在精神压力应激时心脏交感副交感神经失衡。通过远程心电监测,发现科技工作者在居家时存在异常心电活动,包括各类心律失常、心电图ST-T改变(ST为心室肌除极过程,T为心室肌复极过程)等。基于以上结果,建议定期给科技工作者提供心脏心理的检测,必要时提供远程的心电监测,及时发现科技工作者的心脏心理问题,对有必要进行干预的人员,及早提供干预措施,以保障科技工作者的心脏心理健康。

论侵害监护权的损害赔偿责任

相对于监护关系外的第三人,监护关系具有绝对、排他的效力,监护人依法履行监护职责产生的权利属于绝对权,受到侵权法的保护。非法使被监护人脱离监护的行为构成对监护人监护权的侵害,侵权人应当承担由此造成的财产和精神损害。监护权被侵害的财产损害既包括监护人为恢复监护关系而支出的合理费用,也包括因此遭受的误工损失等其他财产损失。侵害监护权的行为只有使父母子女关系和其他近亲属关系遭受严重损害时,父母以及担任监护人的其他近亲属才享有精神损害赔偿请求权。被监护人在脱离监护期间死亡时,作为监护人的近亲属既享有因监护权被侵害的损害赔偿请求权,也有权就被监护人的死亡向侵权人行使人身损害赔偿请求权;被监护人伤残的,只有被监护人享有人身损害赔偿请求权。赔偿合理的奔丧费既符合民法典的规定,更是我国传统伦理道德与社会主义核心价值观的基本要求。

论个人信息侵权中的“损害”

数字时代背景下,个人信息侵权中的损害与传统私法中损害的经典概念之间存在龃龉,使得个人信息侵权难以被损害赔偿请求权所涵盖。《中华人民共和国个人信息保护法》第69条中的损害包括财产损害与非财产损害,但司法实践中几乎不存在财产损害;同时,作为精神损害赔偿适用要件之一的严重精神损害也较少出现。个人信息侵权的实质是对人格利益,即人格自由与尊严的损害,从损害救济角度来看,传统的“损害”概念应当进行革新与扩张。故而,将非严重精神损害与升高的未来风险纳入个人信息侵权损害概念体系之中,具有一定的理论基础与比较法解释基础。为了促进《中华人民共和国个人信息保护法》的适用和对被告予以充分威慑,文章认为,应当基于损害类型构建赔偿责任体系,淡化精神损害赔偿认定的标准,引入惩罚性赔偿制度,确定侵害个人信息权益的小额损害最低赔偿限额。

精神病患者与智障者性权利保护的基本问题

精神病患者与智障者因在认识能力和防卫能力方面的缺陷,其性权利受到侵犯的事件屡有发生。性权利是一项天赋的权利,精神病患者与智障者当然享有性权利,但因为生理上的特殊性,其性权利的实现和保护存在着一些现实难题。加强对精神病患者与智障者性权利的保护,应当完善支持精神病患者与智障者婚育权实现的制度体系,推动对性防卫能力鉴定以及性同意能力判断的个案化,对符合条件的适用推定同意理论,建立精神病患者与智障者遭受性侵后的救助补偿制度,为精神病患者与智障者的性权利保护打造一个从法律到社会、从教育到救助的全方位的制度体系。

著作权侵权之精神损害赔偿探讨

作品体现作者的思想和人格,故著作权包含了著作人格权。而根据侵权法基本原理,侵犯人格权,给被侵权人造成严重精神损害的,可以诉请精神损害赔偿。在我国,在以下情形下,法院应该判处精神损害赔偿:一是侵犯作者人格权,导致其姓名权、名誉权、隐私权损害的,后果严重时,法院应该判处精神损害赔偿,以保护作者的人格权。二是行为人“故意”或“屡次”侵犯同一作者的著作财产权时,法院也应该判处精神损害赔偿,以惩罚侵权人,威慑其下次再犯。三是毁损作品之载体(孤稿),导致作品无法再现的,侵犯发表权的,法院也应该判处精神损害赔偿,以抚慰作者受损的心灵。

青少年非自杀性自伤体验质性研究的Meta整合

目的系统评价有关青少年非自杀性自伤真实体验与感受的质性研究,为制定个性化干预方案提供参考,帮助青少年回归家庭与社会。方法检索中英文数据库从建库到2023年6月1日有关青少年非自杀性自伤体验的质性研究,采用澳大利亚JBI循证卫生保健中心定性研究质量评价标准对纳入的研究进行评价,运用Meta整合方法进行结果整合。结果共纳入13项研究,包含226名青少年,提炼42个研究结果,整合成11个新类别,最终归纳为3个整合结果:非自杀性自伤的导火索,非自杀性自伤多维度体验,对治疗与帮助的看法。结论青少年非自杀性自伤的早期经历各异,身心体验复杂。应加强对青少年非自杀性自伤的重视,建立家庭-学校-医疗机构互助联络网,做到信息共享、早期预防、联合应对,促进青少年心理健康发展。