萬國法律事務所

As the recent cases of karoshi have drawn the public’s attention, the Council of Labor Affairs proposed an amendment on the “Regulations of the Examination of Injuries and Diseases Resulting from the Performance of Duties by the Insured Persons of the Labor Insurance Program” (the “Regulation”), which substantially loosens the standard of occupational diseases.

Under Article 21 of the current Regulation, only diseases incurred “at work” or “at the working place” may be deemed as “occupational diseases”. If the proposed amendment of Regulation is passes, the scope of occupational diseases will be expanded to all diseases that have reasonable causation relationship with the work.

For example, in a recent case, an employee sudden-died at home after a long time work at the office. Although it is obvious that there is a reasonable causation relationship between his death and the long time work, it was controversy as to whether his death may be deemed as “occupational disease” under the current Regulation. The amendment will include this situation into the scope of “occupational diseases”. Further, in the event where the existing disease of an employee becomes worse that is attributable to or have reasonable causation relationship with his/her work, this will also be covered as the “occupational disease”.