Supreme Court: "Cannot Conclude COPD Symptoms Were Fixed When Death Occurred During Lung Cancer Battle"
Disability Benefits Denial Lawsuit Filed by Family of Coal Mine Worker Sent Back for Retrial
The Supreme Court has ruled that, in cases where an individual dies while battling lung cancer caused by an occupational disease, it cannot be concluded that chronic obstructive pulmonary disease (COPD) occurring in the same area has reached a "fixed condition," and therefore, disability benefits cannot be granted on that basis.
According to the legal community on July 12, the Supreme Court's Third Division (Presiding Justice Oh Seokjun) overturned the previous ruling in favor of the plaintiff and remanded the case to the Seoul High Court. The lawsuit was filed by Kim, the spouse of the deceased, identified as A, seeking to cancel the decision by the Korea Workers' Compensation & Welfare Service to deny unpaid insurance benefits.
A had worked for about 17 years and 9 months at an anthracite coal mining company. In September 2019, A was diagnosed with lung cancer and began medical treatment, but passed away in May 2020, approximately eight months later. Subsequently, in February 2024, Kim requested disability benefits from the Korea Workers' Compensation & Welfare Service for A's chronic obstructive pulmonary disease. However, the agency denied the claim, stating that A's condition did not meet the requirement of a "fixed condition of symptoms" for disability benefits. Under the current Industrial Accident Compensation Insurance Act, "healing" means that an injury or disease has either been completely cured, or further medical improvement is not expected, and the symptoms have stabilized in a fixed state.
The first trial dismissed the claim, stating, "There are no records confirming when the symptoms of chronic obstructive pulmonary disease first appeared in the deceased, and it is difficult to conclude that the symptoms had reached a fixed state at the time of examination before death." In contrast, the appellate court reversed the decision, ruling that "all of the diseases suffered by the deceased qualify as occupational diseases and it is reasonable to view them as eligible for disability benefits."
However, the Supreme Court did not accept this reasoning. The Supreme Court stated, "If a disease cannot be cured despite appropriate treatment and may worsen over time, it cannot be regarded as having reached the fixed state required for payment of disability benefits." The court further noted, "The deceased was undergoing treatment for lung cancer in the same area of the lung until death, and the period from diagnosis to death was only about eight months."
© The Asia Business Daily. All rights reserved. Unauthorized AI training and use prohibited.
