Recent theories endeavoring to explain manifestations of pain in humans have increasingly recognized the effect of sociological and psychological processes on pain.This article reports findings made in a research project based on the hypothesis that the pendency of a claim for compensation has the effect of causing greater, more intense, and more persistent pain than would otherwise be experienced if persons had not sought compensation. The study assumed that pain can most accurately be measured by observing behavior indicative of pain and focused on data reflecting such behavior. The lawyer-author of this article thought the study might demonstrate that current compensation practices are a significant cause of pain behavior, and anticipated that such a finding could lead to revision of claims procedures or even changes in methods of compensation. The project revealed, however, no significant effects of either litigation or representation by attorneys upon the pain behavior of persons having workmen's compensation claims with the Department of Labor and Industries of the State of Washington.
Cornelius J. Peck, Wilbert E. Fordyce & Richard G. Black,
The Effect of the Pendency of Claims for Compensation Upon Behavior Indicative of Pain,
53 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol53/iss2/3