By Lee Kyung-min
If a deliveryman's pre-existing health conditions deteriorate due to a heavy workload and stress before the Chuseok holiday, it should be recognized as an injury on duty, a district court ruled recently.
According to the Korea Legal Aid Corp., Sunday, the Uijeongbu District Court ruled against the Korea Workers' Compensation and Welfare Service (COMWEL) which refused to recognize a deliveryman's stroke as an occupational injury and provide medical expenses.
The man in his 50s, whose name was withheld, delivered agricultural produce. He sought medical expenses with the COMWEL after being diagnosed with a stroke in October 2012, a month after his workload tripled from the usual 20 tons a month to 66 tons in September before the Chuseok holiday when people exchange thank-you gifts.
However, COMWEL rejected the request saying the man's stroke was caused by pre-existing conditions, including high blood pressure and diabetes.
The district court said his stroke and increased workload had a causal link, adding the manageable conditions were exacerbated as he had insufficient time to rest.
“The man woke up as early as 3 a.m. up to four days a week and spent up to 78 hours a week driving,” the court said. “It is reasonable to conclude that his condition worsened at an unusual pace due to his sudden heavy workload.”
He died in February this year after his health worsened. His wife continued the suit.