Employement issues Author Abstract Source Year Order Number
Assessing Capacity to Return to Work in Spousal Support Cases Posthuma A
Slater L
The highest level of appeal in the Canadian justice system, the Supreme Court of Canada, recently canceled the long standing time limit for spousal support in no-fault divorce. The thrust of the decision was based on the finding that the wife was so traumatized by the circumstances of how her husband had left her for a younger woman that she was unable to cope with finding and maintaining competitive employement. This paper will examine the Court s reasons and the ramifications for forensic psychologists in assessing the capacity to return to work. psychology CD 2007 2257
Forensic Assessment of Psychological Injuries: Empirical Methods and Professional Pitfalls Koch WJ
Douglas KS
Nicholls TL
O'Neill M
Compensation and disability claims associated with psychiatric disorders such as posttraumatic stress disorder (PTSD), depression, and other anxiety disorders have become increasingly common in torts, workers' compensation, and employement disability settings. The law has come to increasingly compensate claims for psychological injuries (PI) and the scientific research base regarding the prevalence, course characteristics, and functional impact of these conditions has expanded dramatically in the last twenty years. However, there are still many questions asked of forensic mental health professionals for which the current psychological/psychiatric scientific knowledge base does not provide adequate guidance. Related to this scientific gap, there remains a significant gap between common forensic practice and our knowledge of best practices and the empirical limits of forensic assessment. After the presentation, participants should be able to identify common emotional states/disorders within psychological injury claims; appreciate the empirical limits of expert opinions within psychological injury assessments and understand common errors in such assessments.
psychiatry CD 2007 2283
The Anatomy of an Employement Litigation Case: From Retention to Verdict (Seminar) Paddock J Learn the different ways plaintiff and defense attorneys think, strategize, and utilize the services of a forensic psychiatrist in employement cases; what is expected if retained by either defense or plaintiff attorneys in employement cases; the evolution of a case from the stages of retention through period of evaluation (interview and record review) to deposition and trial testimony; appreciate the intangibles in working closely as a forensic psychiatrist with an employement litigation attorney. A specific fact pattern of an actual case of alleged sexual harassment and alleged resulting Major Depressive Disorder will be presented in a written form to all participants at the conference and both panel attorneys ahead of the conference so that they can prepare for the moderator's directive to be on point within time constraints. The actual case will be adapted from the moderator's own experience, a plaintiff referred case. The moderator will keep the panelists focused upon their own unique approach at certain critical juncture points such as from initial retention, evaluation, written report, deposition, preparation for trial testimony, incorporation of expert's opinion into opening arguments, direct examination at trial, cross examination at trial, closing arguments, and post verdict jury interviews. psychiatry CD 2007 2279
Privacy laws that might get in your way McDonald JJ Your goal as a forensic psychiatrist is to obtain as much information about the plaintiff as possible. Yet there are a growing number of laws that plaintiffs and their attorneys are invoking to block your access to this information. This presentation, by an employement law attorney experienced in mental health issues, will address the law affecting the permissible scope of subpoenas for medical and psychotherapy records, limitations placed on mental examinations conducted under FRCP 35, revised Rule 412 of the Federal Rules of Evidence, and the HIPAA privacy regulations. Learning objectives: What a psychiatric expert can reasonably expect to obtain in terms of medical and other records on a plaintiff; What limitations might a court place on a Rule 35 examination? How far may a psychiatric expert inquire into a plaintiff s sexual history? psychiatry tapes 2006 2008
The vilification of sex offenders: does it increase recidivism Wakefield H Sex offenders are universally hated and despised and are seen as dangerous sexual predators unless locked up and kept under surveillance. Following a number of highly publicized sexually violent crimes, many states passed sexual offender registration and notification laws along with civil commitment laws. Although these laws were passed as a means to decrease recidivism and promote public safety, the resulting vilification and stigmatization of sex offenders is likely to result in disruption of their relationships, loss of or difficulties finding employement, problems finding housing, and decreased psychological well-being, all factors that could increase, the offenders risk of recidivism. Attendees will learn of the difficulties with the current civil commitment laws and the sexual offender registration laws as they are actually operating in practice. psychology CDs 2006 2026
Vilification of sex offenders: does it increase recidivism? Wakefield H Sex offenders are universally hated and despised and are seen as dangerous sexual predators unless locked up and kept under surveillance. Following a number of highly publicized sexually violent crimes, many states passed sexual offender registration and notification laws along with civil commitment laws. Although these laws were passed as a means to decrease recidivism and promote public safety, the resulting vilification and stigmatization of sex offenders is likely to result in disruption of their relationships, loss of or difficulties finding employement, problems finding housing, and decreased psychological well-being, all factors that could increase the offenders' risk of recidivism. Attendees will learn of the difficulties with the current civil commitment laws and the sexual offender registration laws as they are actually operating in practice. psychology tape 2006 2183
MY LIFE S A MESS AND IT S ALL THEIR FAULT! McDonald, Jr., JJ Plaintiffs in wrongful termination and employement discrimination lawsuits typically present for evaluation with a multitude of symptoms, many of which appear genuine but can they all be attributed to events in the workplace? An employement lawyer with expertise in mental health issues will present some techniques for forensic psychologists to use to illustrate for judges and juries how to determine which of a plaintiff s problems are fairly attributable to the defendant and which are not. Special emphasis will be placed on the role of alternative stressors and Axis II disorders. Attendees will learn about the stress disorders as they relate to discrimination and wrongful termination lawsuits; they will also learn how to better communicate to triers of fact in workplace cases.
psychology tape 2004 1374
A forensic psychiatrist s experiences at Pelican Bay State Prison in California Milstone S Most of us are familiar with the forbidding reputation of Pelican Bay State Prison, (PBSP) made famous to the man and woman in the street as the prison where the toughest of the tough get put, and where the prisoners raise killer dogs ! So, why did a retired-ten-year, mild mannered psychiatrist decide to move from the beautiful Napa Valley vineyards to a God forsaken place like Crescent City and Pelican Bay State Prison? I enjoyed the experience, and fulfilled a personal goal to bring good medical treatment to a neglected population. I have believed that as a physician, I had an obligation to help those in need, without considering whether it would or would not further me professionally and financially. I envied those who did and I felt guilty that I had not. Fortunately, I found employement that did both, and worked at the prison for one year.
psychiatry journal 2003 2304
Children and adults with autism - appropriate support services Hinkle H
Holmes DL
This presentation will view the legal rights of children and adults with autism to receive appropriate educational, residential, employement, and other support services. The role of the legal team and forensic psychologists in determining the extent to which public agencies are in compliance with statutes and regulations will be discussed. The role of the expert witness, including fact finding, reporting, and testimony phases, will be addressed. psychology tape 2003 1200
Workshop on forensic practice in employement litigation Paddock J Mental health issues continue to play a growing role in employement lawsuits, producing an increasing need for forensic psychiatrists to serve as consultants and expert witnesses. This presentation will begin with an overview of lawsuits in which mental health issues may be relevant. It will then address basic and advanced issues of forensic practice in this area, including whether a mental examination is likely to be ordered by the court, whether to use psychological testing, whether and how to write a report; techniques for deposition and trial testimony; how to obtain needed information to conduct a comprehensive and objective evaluation of a plaintiff; how to get paid for services without compromising your objectivity or your relationship with counsel; how Axis II pathology is related to the issues faced by the forensic psychiatrist in an employement case. psychiatry tapes 2003 1166
Forensic practice in employement lawsuits - a practical demonstration Paddock J This role-play demonstration involving a forensic psychiatrist and an employement lawyer will highlight techniques for conducting a forensic mental examination of a plaintiff with significant Axis II pathology, as well as role-play demonstrations of deposition testimony and direct and cross examination involving issues such as adequate review of records, privacy issues, alternative causation, failure to follow DSM diagnostic criteria, therapeutic bias, financial bias and the role of Axis II pathology in the genesis of harassment and discrimination claims. Techniques for clear and effective presentation to judges and juries will also be emphasized.

psychiatry tapes 2002 947
Axis II disorders in employement litigation
Paddock J Although the traditional role of the forensic psychiatrist in an employement lawsuit has been to determine to what extent workplace events may have caused the plaintiff to suffer psychopathology, the courts in recent years have begun to permit testimony on the opposite issue to what extent did the plaintiff s prior psychopathology contribute to the workplace events at issue in the lawsuit? More and more, courts are considering the role of personality disorders (particularly borderline, histrionic, antisocial, narcissistic and paranoid) in the genesis of workplace harassment and discrimination claims. This seminar, presented by the lead editor of the book, Mental and Emotional Injuries in Employement Litigation, will examine the legal and clinical issues involved in presenting an Axis II diagnosis in an employement lawsuit. Learning objectives: Participants will learn about the interactions and dynamics of employement law and mental disability claims, legal demands and requirements that apply to mental issues, testimony and how the psychiatrist fits into this process.

psychiatry tapes 2001 843
Civil claims arising from plaintiff s psychopathology Williams MH
Fleer JL
A variety of psychopathologies can cause individuals to perceive harm arising from the psychotherapeutic or employement situations in which they find themselves. Borderline Personality Disorder is a well known example of such a pathology. The perceived harm on which litigation is premised may have little or no basis in fact, yet it can become the nexus of a credible and winnable civil lawsuit. Typical litigation scenarios will be discussed, and strategies for psychological evaluation and defense litigation will be presented. Learning objectives: Attendees will learn to identify Axis I and Axis II psychopathology that can give rise to credible plaintiff s causes of action, and will learn the role of psychological evaluation and use of psychological testimony to educate jurors regarding alternative, psychological explanations of the alleged facts. This presentation will be of use to both attorneys and psychological expert witnesses.

psychology tape 2001 874
Forensic practice in employement cases Paddock J Recent legal developments provide forensic psychologists with significant opportunities to become involved with workplace issues, particularly in cases involving allegations of emotional injury or involving mental disabilities under the Americans with Disabilities Act. This course, taught by an attorney specializing in psycholegal issues in the workplace, will provide practical tips to assist the psychologist to interact more effectively with the attorney. It will also explore several topical areas, such as the impact of the Daubert rule on psychological testimony, privacy and privilege issues, the importance of personality disorders in employement cases, and to what extent discovery into a plaintiff s sexual history is permissible. It will also examine the forensic psychologist s role under the ADA, including the "fitness for duty" examination, confidentiality issues, and the EEOC's recent guidance on psychiatric disabilities under the ADA. Participants will learn how to more effectively serve as an expert witness or a fitness for duty examiner in an employement case, and will become familiar with recent legal developments involving psychological issues in employement cases.
2 tapes
psychiatry tapes 2000 763
Defense and PTSD - representing or confronting in court Scrignar CB The approach of the defense toward effective confrontation of a PTSD claim is critically analyzed. Cases involving employer and sexual harassment and rape, wrongful termination of employement, misdiagnosis, and the concept of malingering are illustrated with case histories from the speaker s experience. The plaintiff s view and the defense challenges are illustrated with the "Ten Defense Challenges to PTSD." Participants will be able to effectively present PTSD in court and/or confront the diagnosis of PTSD during direct and cross-examination.

psychiatry tapes 1999 458
Psychological damages, forensic exams--expert testimony in employement disputes Paddock J Participants will gain state of the art knowledge about legal theory and case law in employement related disputes where emotional damages are at issue. psychology tape 1998 304
A sexual harassment case-consensual affair of paralegal with partner of law firm Glaser D Mrs. C., a paralegal who worked for the law firm of A,B,C & D had a consensual affair with one of the partners of the law firm while both were married. Ultimately, she filed a sexual harassment claim against her employer. Throughout her employement, the course of the lawsuit (including serious allegations and outright lies by plaintiff), and the period of the actual jury trial, a nonstop drama was played out that involved breaking into the psychiatrist's office, misinforming the neurologist engaged to evaluate her neurologically impaired child from the affair that the child had a stillborn twin, and the series of seven successive attorneys who would initially be actively litigating her case only to be alienated by this woman s style. This expert was actively involved from the early stages of the case with the development of the defense themes, review of copious records and documents, the performance of an IME, the production of a detailed report, and actual trial testimony. While the fact pattern involves actual events or allegations that raised serious liability concerns on the part of the defense team, the decision not to settle and to go to trial ultimately was rewarded by a defense verdict. The successful outcome of this case reveals theme development, the use of the record review and psychiatric examination, and the collaboration of expert and attorney that can be a model to emulate. psychiatry tapes 1997 390
Personnel issues in workers' compensation stress claims Drukteinis AM Workers' compensation laws are based on a no-fault concept in which liability depends on whether the employee s injuries arose out of and in the course of employement. Personnel issues are often said to be the cause of stress for which compensation is sought or they form the background of stress claims. Unlike other types of employement stress which are a natural incident to the performance of the work, i.e., flow from the type of work, the amount of work, or circumstances that are a direct result of work duties, personnel issues are a byproduct of the employer-employee relationship. Routinely, employers make personnel decisions to resolve conflicts or to advance the needs of the organization, and this creates stress. Five types of commonly identified personnel issues are discussed here and case examples are given. Legal trends with regard to personnel issues are reviewed. Because personnel issues are so ubiquitous, a no-fault concept for recovery may not be appropriate. Therefore, where personnel issues are involved, the author supports at least a partial return to tort liability principles which consider the reasonableness of the employer s conduct and the contribution of the employee. psychiatry journal 1997 1075
Ethical considerations relevant to the psychiatrist as expert witness in employement cases Paddock J Forensic psychiatrists constantly make ethical decisions when performing evaluations, utilizing DSM-IV, or testifying about medical-legal opinions. Any point in the process, from initial engagement and retention by an attorney to ultimate testimony, can suggest an ethical issue. Attendees will appreciate the unique demands of retention by either plaintiff or defense attorneys in labor and law cases where mental and emotional injuries are alleged, and learn how to be more fair, credible and ethical forensic clinicians.

psychiatry tapes 1996 478
Forensic psychiatry and clvil rights legislation-the Americans with Disabilities Act Ravin JM The Americans with Disabilities Act (ADA) is one of the most significant pieces of civil rights legislation passed by Congress in this century. The ADA consists of three major parts called Titles. Title I offers the forensic psychiatrist major opportunities to engage in the implementation of the Act. Employers, employees, plaintiffs and attorneys will need the advice and guidance of well informed consultants at critical points if the Act is to work in producing the benefits for our society envisioned by the framers. The ADA will touch all our lives in one way or another. There are ambiguities in the Act and many gray areas. Some forensic psychiatrists will view the Act as another full employement project for lawyers and doctors while others will more charitably agree with the following statement by Martin Luther King, Jr.: Morality cannot be legislated, but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless.

psychiatry journal 1994 684
MMPI K-scale items endorsed by detention officer applicants Spears JB An investigation of probable sources of "defensiveness" in a sample of job seeking candidates in law enforcement applications was conducted. Predictions were made of K- Scale items which would be likely to be endorsed by these candidates, due to their perception of requirements for law enforcement officers. Since a large percentage of the sample was also of Hispanic background (Mexican-American), additional predictions were made based on this cultural bias. The actual items endorsed by candidates were studied archivally. The use of genuinely motivated subjects in research on test taking attitudes has been relatively uncommon, and the present study provides a unique insight into the elements of "faking good" in the employement arena. Attendees will learn background information regarding development of the K-Scale, as well as current literature concerning validity research and underreporting of the MMPI. psychology tape 1994 549
Whiplash disability claims - symptom free after settlement a falsehood Davis H Suing for whiplash injury is appealing because the driver of the striking vehicle is almost always held responsible, however injudiciously the driver of the rammed vehicle has slammed on the brakes. The chances of winning a lottery are remote but being rear ended offers a better chance at the jackpot. Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employement two years after legal settlement. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported. psychiatry journal 1994 618
Forensic psychiatry and civil rights litigation Ravin JM The author begins his article by quoting from Ayn Rand - Productive work is the central purpose of a rational man s life, the central value that integrates and dominates the hierarchy of all his other values. The Americans with Disabilities Act of 1990 is a comprehensive civil rights act guaranteeing individuals with a disability that they will not be discriminated against in employement, accommodations, transportation, public services and telecommunications--one of the most significant pieces of civil rights legislation passed by Congress. The forensic psychiatrist must learn a new vocabulary, along with new concepts as to who is a qualified worker, what are essential functions, and what constitutes reasonable accommodation. Emphasis is given to a basic understanding of the ADA law and the clinical features of cases. Dangers in the evaluation of such cases are delineated.

psychiatry tapes 1993 237
Sexual misconduct and job termination- a case of exhibitionism Guzman R Psychiatrist reviews the case of a postal letter carrier, employed for seventeen years, married with two children, convicted of two counts of indecent exposure in the presence of several schoolgirls. Although the defendant's conduct was reprehensible by societal standards, the victims had not suffered any measurable degree of sustaining harm or trauma. The exhibitionistic behavior was committed during off-duty hours, yet the postal department sought to terminate his employement. psychiatry tapes 1993 275
Japanese companies and American workers in legal conflict-emotional distress cases Ravin J Five cases are presented that focus on employement discrimination by large Japanese companies in America, resulting in emotional distress to American workers. An example is the deployment of "sosha" top Japanese executives sent to America, who are highly visible but always separate from the American community in which they live. On the job stressors range from demeaning strip-searches, forced after hour labor, to attempts to regulate the private life of American employees. psychiatry tapes 1989 22
Unjustifiable termination - 10 cases Ravin J The concept of the "good-faith" employement contract that runs counter to the merger-takeover trend of American business at odds with this concept is discussed Legal strategy of the defense, adversarial nature of the cases, and outcome of litigation are addressed. The literature is reviewed. 10 cases of unjustifiable termination and demotion cases are described. This is followed by a review of the specific results of treatment and legal action in these cases. psychiatry tapes 1987 7
Psychiatric and psychological report in workers' compensation evaluations - practical model Firman G Author provides a detailed model report for the forensic clinician. An example case is given and all details of the mental health examination is shown in the model written report. The case involves a claimant who sustained minor physical injury with resultant headaches alleged to have been exacerbated by emotional employement related stressors, requiring two to three days off every two months. Occurrence of on the job sexual harassment led to claimants reported complete inability to return to work. History, symptomatology, review of medical records, life and family history, mental status examination, psychological test results, summary and discussion, impression, assessment of disability and recommendations are demonstrated in the report. psychiatry journal 1985 1584
Effects of compensation and litigation on disability following compensable injury Mendelson G This paper reviews the literature dealing with the effect of litigation and settlement of compensation claims on disability and return to gainful employement. the literature on this subject does not support the view that patients invariably become symptom-free and resume work with months of the legal settlement of their claims. Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employement two years after legal settlement. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported. psychiatry journal 1983 1520