J Korean Med Sci.  2008 Apr;23(2):236-242. 10.3346/jkms.2008.23.2.236.

Factors Affecting the Designation of Cerebrovascular Diseases as Work-Related in Administrative Litigation

• Kim H
• Choi J
• Rim H
• Chang S
• Lee K

• KMID: 1713455
• DOI: http://doi.org/10.3346/jkms.2008.23.2.236

Abstract

The purpose of this study was to identify factors that could be used as standardized criteria for evaluating occupational diseases in initial assessments or requests for examination. Using 100 administrative litigation cases on the work-relatedness of cerebrovascular diseases (CVDs) by the Seoul Branch of the Korea Labor Welfare Corporation (KLWC) from 1997 to 2002, we estimated the relationship between the investigated variables and designation of the work-relatedness of the CVD. As for the age, the odds ratio of the acceptance rate of a case as work-related in subjects over 60 yr of age was 0.08 (95% CI, 0.01-0.75), which was compared to subjects under 30 yr of age. Regarding working hours, the odds ratio of the acceptance rate of a case as work-related in CVDs in those over 56 hr was 9.50 (95% CI, 1.92-47.10) when compared to those less than 56 hr. As for the benefit type, the odds ratio of the acceptance rate of a case as work-related in medical benefits was 5.74 (95% CI, 1.29-25.54), compared to survivor benefits. As for the criteria for defining situations as work overload, the odds ratio of the acceptance rate of a case as work-related in injured workers was 12.06 (95% CI, 3.12-46.62), compared to that in non-injured workers. Our findings show that the criteria for defining situations of work overload played an important role in assessing the work-relatedness of CVDs in administrative litigation, and it is necessary to make the scientific evidence on judgement of workrelatedness on overwork.

Keyword

Administrative Litigation; Cerebrovascular Diseases; Work-Relatedness

MeSH Terms

Adult
Cerebrovascular Disorders/*classification/*etiology
Employment
Female
Humans
Jurisprudence
Male
Middle Aged
Occupational Diseases/*classification/*etiology
Occupational Health
Odds Ratio
Regression Analysis
Work Schedule Tolerance
Workers' Compensation
Workplace

Reference

1. A Study of improvement of the Standard of Cerebrovascular and Cardiovascular Disease as Occupational Disease. 2006. Korea Worker's Compensation & Welfare Service;Available from: http://www.welco.or.kr/sabo/2006/3_4sabo/03special.htm .

2. Republic of Korea Government. 2004 Analysis of industrial accident. 2005. Ministry of Labour;7–23.

3. Kim HS, Choi JW, Chang SH, Lee KS. Industrial accident compensation insurance benefits on cerebrovascular and heart disease in Korea. J Korean Med Sci. 2003. 18:483–488.

4. Belkic K, Savic C, Theorell T, Rakic L, Ercegovac D, Djordjevic M. Mechanisms of cardiac risk among professional drivers. Scand J Work Environ Health. 1994. 20:73–86.

5. Harding WE. Worker's compensation litigation of the upper extremity claim. Clin Occup Environ Med. 2006. 5:483–490.

6. Ha EH. Study on the Approval Criteria of Neuro-cardiovascular Disease due to Occupational Cases. Policy Report of Ministry of Labour. 2005.

7. Spurgeon A, Harrington JM, Cooper CL. Health and safety problems associated with long working hours: a review of the current position. Occup Environ Med. 1997. 54:367–375.

8. Park J, Kim Y, Cho Y, Woo KH, Chung HK, Iwasaki K, Oka T, Sasaki T, Hisanaga N. Regular overtime and cardiovascular functions. Ind Health. 2001. 39:244–249.

9. Iwasaki K, Takahashi M, Nakata A. Health problems due to long working hours in Japan: working hours, workers's compensation (Karoshi), and preventive measures. Ind Health. 2006. 44:537–540.

10. Supreme Court. 1996. Korea: 96N 17226.

11. Supreme Court. 1996. Korea: 96N 14419.

12. Kim EH. A study on the clauses of the work-related disease due to overwork in the workmen's compensation law. Korean J Occupational Health Nursing. 1997. 6:23–43.

13. Uehata T. Long working hours and occupational stress-related cardiovascular attacks among middle-aged workers in Japan. J Hum Ergol (Tokyo). 1991. 20:147–53.

14. Park JS. Are cerebrovascular and cardiovascular diseases among employees work-related? Korean J Occup Environ Med. 2005. 17:288–296.

15. Ryoo JH, Ha EH, Kim SG, Kim JY, Kim YK, Lee EC, Yi CH, Son JS. Analysis of worker's compensation claims for the cerebrovascular and cardiovascular diseases. Korean J Occup Environ Med. 2007. 19:38–46.

16. Ha KW. Analysis of sufficient conditions in approving cerebrovascular and cardiovascular disease as occupational disease. 2000. Seoul: A Master's Thesis of Yonsei University School of Public Health.

17. Nam Y, O CJ, Park JR, Lee DJ, Cho BM, Lee SI. A study on Karoshi to make application for industrial accident compensation in Busan. Korean J Occup Environ Med. 2002. 14:34–46.

18. Kim SG. Study on application of approval criteria of neuro-cardiovascular disease due to occupational cases. Research Report of The Korea Employer Federation. 2005. 141–144.