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TITLE Supreme Court Decision 2006Du4912 delivered on April 12, 2007 [full Text]
Summary
[1] Though the main cause of a disease is not directly related to work, when overwork or job-related stress is added to the main cause of the disease, resulting in either a triggering or worsening of the disease, whether such disease constitutes an ""occupational accident"" under Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act (affirmative); and the degree of proof and the judgment criteria for recognizing a proximate causal relation between the job and the disease [2] Where it is acknowledged that a worker was extremely overworked or under a great deal of stress just prior to the onset of such diseases as acute retina necrosis syndrome or herpes induced encephalitis, the disease shall be deemed an occupational accident.
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