미국 산업재해보상보험법에 있어서 질병에 대한 업무상 판단

Since the inception of workers’ compensation legislation, there have been difficultiesin fixing and defining the boundaries of coverage. To be covered by the workers’compensation act, An illness has to be characteristic of an employee’s occupation thathas to be one that “arises out of and in the course of the employment. Especially, Occupational disease is primarily distinguishable from an injury because itis not characterized by the suddenness or unexpectedness that usually accompanies awork-related injury or accident. Therefore, occupational disease don’t require the conditionthat it has to occur in the course of the employment. To prove the disease that hasto arises out of the employment, following theory is used: proxiamte cause, peculiarsk, increased risk, acual risk and positional risk. Diseases could be classified into four categories:occupational disease, ordinary diseaseof life, disease arisen out of the injury, pre-existing disease aggravated by employment. I studied that these theories are applied to the cases classfied according to the types ofdisease. Finally I indicated the difference between the institution of workers’ compensationact in korea and that in America.