まゆの部屋

Accident victim to receive worker's compensation over visit to 80 year-old relative
OSAKA -- A court has nullified a government decision not to provide workers' compensation to a man who was seriously injured in a traffic accident after dropping in to take care of his father-in-law on his way home from work.

Judge Yozo Yamada, who presided over the case at the Osaka District Court, said that the man's visit to his father-in-law was a daily necessity, and he therefore deemed that the accident occurred during his regular commute.

Under the Labor Insurance Law, commuting is defined as going between one's home and one's workplace by a reasonable route. Accidents that occur on this route qualify for workers' compensation.

Even accidents that happen after paying a visit somewhere can be defined as accidents during commuting, on the condition that the visit is a necessary part of daily life.

The 58-year-old man from Tondabayashi, Osaka Prefecture, left his workplace in the city and dropped in at his father-in-law's home on Feb. 26, 2001. There, he prepared dinner for the man in the 80s, who does not have full use of his legs.

The man then left his father-in-law's and was walking home when he was hit by a motorbike, suffering a broken skull.

"It was essential for the man to take care of his father-in-law at a time when other relatives were unable to help," Judge Yamada said. "Taking care of the elderly man was a necessary part of his daily life."

The head of the Habikino Labor Standards Inspection Office, which decided not to provide compensation to the man, said it would decide what to do after carefully examining the court's ruling. (Mainichi)


April 13, 2006