• Title/Summary/Keyword: range of compensation for injury

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Perceptions of Parents and Directors on Safety, Injury Prevention, and Compensation at Child-care Centers (보육시설 안전사고 예방과 보상에 대한 부모와 보육시설장의 인식)

  • Kim, Hye-Gum
    • Korean Journal of Child Studies
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    • v.30 no.4
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    • pp.1-14
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    • 2009
  • This research examined perceptions of parents and directors of child-care centers about safety, injury prevention, and range and level of compensation. Subjects were 285 parents and 297 directors of child-care centersin Kyunggi Province.Data were analyzed by t-test. Results showed differences between perceptions of parents and directors : parents considered the content and frequency of safety education to be more important; directors considered preparation for safety and safety management of equipment for injury prevention to be more important. Parents thought that range of compensation should include travel to and from the child-care center; directors thought that range of compensation should include sudden infant death. There was no difference between parents and directors regarding amount, subject, and process of compensation.

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Effects of an Intensively Complex Physical Therapy Program on the Pain, Range of Motion, Muscle Strength, Function, Quality of Life, and Depression of Patients with Traumatic Rotator Cuff Injury caused by an Industrial Accident -A Pilot Study- (집중 복합 물리치료 프로그램이 산재 외상성 어깨둘레근 손상 환자의 통증, 관절가동범위, 근력, 기능, 삶의 질과 우울증에 미치는 영향 -예비연구-)

  • Bae, Young-Hyeon;Kim, Sun-Mi;Kim, Min-Ju;Choi, Joon-Kyung;Kim, Kyung-Ae;Ko, Moon-Ju;Kim, Young-Bum
    • PNF and Movement
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    • v.16 no.2
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    • pp.275-286
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    • 2018
  • Purpose: This study aimed to investigate the effect of an intensive rehabilitation program on the pain, range of motion (ROM), muscle strength, function, quality of life (QoL), and depression of patients with traumatic rotator cuff injury caused by an industrial accident. Methods: Seventeen patients with traumatic rotator cuff injury caused by an industrial accident participated in this study. The 12-week treatment included 30 min of manual therapy and 30 min of exercise therapy twice a day, five times a week. The outcomes were measured for evaluating the pain, ROM, muscle strength, function, QoL, and depression before the commencement of the program and after 4, 8, and 12 weeks. Results: According to the time of applying the intensive rehabilitation program, the pain (p<0.01), ROM (p<0.01), muscle strength (p<0.01), function (p<0.01), and depression (p<0.05) significantly improved with time. However, QoL was not statistically significant. Conclusion: This study confirmed the excellent effect of an intensive rehabilitation program on the pain, ROM, muscle strength, function, and depression of patients with traumatic rotator cuff injury caused by an industrial accident. However, this study was limited by the absence of a control group. This pilot study highlights the need for more extensive research with a larger sample.

Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.87-130
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    • 2015
  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

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Effect of Intensively Complex Physical Therapy Program on Pain, Range of Motion and Muscle Function in Traumatic Low Back pain: A preliminary study (집중 복합 물리치료 프로그램이 외상성 요통 환자의 통증, 관절가동범위와 근기능에 미치는 영향: 예비연구)

  • Young-Hyeon, Bae;Moon-Ju, Ko;Young-Bum, Kim;Sung Shin, Kim;Kyung-Ju, Seo; Chan, Park;Sun-Mi, Kim;Joon-Kyung, Choi
    • Journal of Korean Physical Therapy Science
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    • v.29 no.4
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    • pp.75-85
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    • 2022
  • Background: The purpose of this study was to investigate the effect of intensively complex physical therapy program on pain, range of motion (ROM) and muscle function in traumatic low back injury by industrial accident. Design: Prospective study Methods: Eight patients with traumatic low back injury by industrial accident participated in this study. They were treated the intensively complex physical therapy program including daily 60 minutes therapist supervised physical therapy at 5 times a week and 30 minutes manual therapy at 5 times a week in 12 weeks. Evaluation was performed before the commencement of the training and again 4, 8 and 12 weeks. There were measured Numerical Rating Scale (NRS) for evaluating pain, ROM of trunk, and isometric muscle strength of trunk, core muscle endurance, neuromuscular control ability for evaluating muscle function. Results: NRS was significantly improved according to time (p<0.05). ROM of extension and rotation, isometric muscle strength of trunk and hip, core muscle endurance and neuromuscular control ability were significantly improved according to time (p<0.05). Conclusion: We could confirm the superiority effect of intensively complex physical therapy program on pain, ROM of trunk and muscle function in traumatic low back pain with industrial accident.

The compensation for damage by space accidents (우주손해배상법에 관한 약간의 고찰)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.3-25
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    • 2007
  • In 2002 Republic of Korea successfully launched a self-made mined proportion rocket and it is expected that she will be able to have own space launching system by 2010. According to Article 14 of the Space Exploration Promotion Act, a new law should be established to impose the limit of compensation for the damage by space accident. Therefore, The Space Accident Liability Act was passed in Korean Congress on Nov. 22, 2007 and it will be enforced in six months. The purpose of this Act is to provide reparation for the damage of the third parties that a launch causes; and the Commonwealth should be insured against any possible space accidents to pay for such a damage. Here space accident means the damages to our life, body, and properties from the launching of space objects. There should be an actual loss to establish the compensation of Liability Act. Article 2 in Liability Act defines "damage" as follows: the term "damage" means loss of life, personal injury or loss of or damage to property of persons. Physical and material damages are included in the conception of damage. The meaning of a launching includes any test launch and launch for a real arrangement which will ultimately provides a wide range of compensation. Article 4 indicates that absolute liability should be imposed in compensating for damage by space accidents. Article 4 also indicates that a launching party should be absolutely liable to compensate for the damage caused by its space object on the surface of the Earth. In general, liability stands where fault is. But if the activity is ultra-hazardous and causes serious harm, the individual needs to compensate for the damage unlimitedly. Because of the many launchings for the Seattleite launching, a launching organization is obligated to the liability insurance in preparation for the space accidents. According to the Article 6 of Space Accident Liability Act, to be insured for the compensation for damage is obligatory. It says: "In accordance with Article 11 in the Space Exploration Promotion Act, the person who wants to receive an approval f3r launching needs to be insured in compensation for the possible damage by space accidents.

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Comparison of Rehabilitation Programs in Traumatic Low Back Injuries with Industrial Accident (산업재해로 발생한 외상성 허리손상에 대한 새로운 재활치료프로그램의 효과 비교)

  • Kim, Young-Bum;Kim, Seung Won
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.29 no.2
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    • pp.236-250
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    • 2019
  • Objectives: The purpose of this study was to investigate the effect of intensive rehabilitation programs on pain, range of motion (ROM), lumbar muscle strength, core muscle endurance, disability, and depression in patients with traumatic low back injuries and to compare the efficacy of this therapy with that of conventional rehabilitation therapy. Methods: The study was performed with a retrospective medical chart review of patients with traumatic low back injury referred to the rehabilitation center at the Daegu Hospital of the Korean Workers Compensation and Welfare Service. Forty-four patients were allocated to either the conventional rehabilitation group (CRG; n = 22) or the intensive rehabilitation group (IRG; n = 22). The CRG group patients, who received 30-min therapist-supervised physical therapy and modality therapy five times per week for four weeks, were compared with the IRG group patients, who received 60-min therapist-supervised physical therapy, 30-min therapist-patient 1:1 matching rehabilitation therapy, and modality therapy five times per week for four weeks. Outcome measures were a numerical rating scale, ROM, lumbar muscle strength, lumbar core muscle endurance, thickness of lumbar deep focal core muscle (transverse abdominis and lumbar multifidus), Oswestry disability index (ODI), and depression (Korean version patient health questionnaire-9). Results: There were statistically significant improvements after treatment in all outcome measures in both groups (p < 0.05). In the intergroup comparison, NRS scores on the activity and thickness of lumbar deep focal core muscles increased significantly more in the IRG than in the CRG (p < 0.05). There were no statistically significant intergroup differences in NRS scores on resting, ROM except left lateral bending, lumbar muscle strength, core muscle endurance, ODI, and depression. Conclusions: We could confirm the superior effectiveness of an intensive rehabilitation program compared to conventional rehabilitation therapy in patients with traumatic low back injuries.

Consideration of Limitations related to the International Comparison of Statistics on Fatal Occupational Injuries per 100,000 Workers (산재 사망십만인률 국제비교와 관련된 한계점 고찰)

  • Kim, Jin Hyun;Seo, Dong-Hyun;Kang, Sung yun;Baek, Bitna;Bae, Gye wan
    • Journal of the Korean Society of Safety
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    • v.36 no.4
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    • pp.99-107
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    • 2021
  • This study analyzes the differences in definitions and concepts of terms used in the statistical indicators of fatal occupational injuries per 100,000 workers among countries included in the ILOSTAT data explorer. In addition, improvement measures focusing on the limitations in international comparison are proposed. Five countries-the Republic of Korea, Germany, Japan, United Kingdom, United States-- were comparatively analyzed. These countries were selected according to the significance of differences in their definitions of workplace injuries, workers, and compensation insurance, and their reporting systems. Considering these differences before directly comparing statistical indicators of fatal occupational injuries per 100,000 workers among countries is necessary because the range of comparison groups and the definition of fatal occupational injury are different for each country. While one can also compare trends by country, it is necessary to investigate beforehand whether the criteria and methods for processing statistics have changed. Misinterpretation can be minimized by properly understanding the process and limitations of fatal occupational statistical indicators that may differ from country to country.

Cost-Benefit Analysis of Back School Program for Occupational Low Back Pain Patients (직업성 요통환자에서 재활 프로그램(Back School Program) 도입의 비용-편익분석)

  • Ju, Yeong-Su;Ha, Mi-Na;Han, Sang-Hwan;Kwon, Ho-Jang;Cho, Soo-Hun;Kim, Chang-Yup;Kim, Sun-Min
    • Journal of Preventive Medicine and Public Health
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    • v.29 no.2 s.53
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    • pp.347-357
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    • 1996
  • Although occupational low back pain accounts for $20\sim40%$ of all occupational illness and injury, there are limited numbers of studies regarding the effectiveness of back school program. The objective of this study was to evaluate the economic benefit of back school program for early return to work of occupational low back pain patients in the current occupational injury compensation and management system. The cost-benefit analysis in this study was conducted to evaluate the relative magnitude of benefit to cost. The total cost was estimated by calculating the value of components in back school program according to governmental budget protocol. The back school program was consisted of three major approaches, pain center, work-hardening program and funcional restoration program and each of components had various facilities and experts. The total amount of cost was estimated as 250,866,220 won per year. The most promising type of back school program were quite intensive (a 3 to 5-week stay in a specialized center), therefore, if we adopted the 5-week stay course, 10 courses could be held in a year. Following to the medical act, 20 patients per doctor could participate in a each course, ie, total 200 patients in a year. As a result, we could estimate the cost of 1,254,331 won a patient. We estimated the benefit by using data of a few local labor offices about average medical treatment beneficiary and off-duty beneficiary of 46 occupational low back pain patients in 1994. Ullman and Larsson (1977) mentioned that the group of chronic low back pain patients who participated in back school program needed less time to recover by 48.4% of beneficiary duration. And in the trying to estimate the benefit, we asked 10 rehabilitation board certificate doctors about reduction proportion of treatment cost by introducing back school program. The answered reduction proportions were in the range of $30\sim45%$, average 39%. As a final result, we could see that the introduction of back school program in treatment of chronic occupational low back pain patients could produce the benefit to cost ratio as 3.90 and 6.28. And we could conclude that the introduction of back school program was beneficial to current occupational injury compensation and management system.

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The Effect of Vision and Proprioception on Lumbar Movement Accuracy (시각과 고유수용성 감각이 요부 운동의 정확도에 미치는 영향)

  • Sim, Hyun-Po;Yoon, Hong-Il;Youn, I-Na
    • The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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    • v.13 no.2
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    • pp.31-44
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    • 2007
  • The purposes of this study were to examine the normal lumbar proprioception and identify the effect of vision and proprioception on lumbar movement accuracy through measuring a reposition error in visual and non-visual conditions and to provide the basic data for use of vision when rehabilitation program is applied. The subjects of this study were 39 healthy university students who have average physical activity level. They were measured the ability to reproduce the target position(50% of maximal range of motion) of flexion, extension, dominant and non-dominant side flexion in visual and non-visual conditions. Movement accuracy was assessed by reposition error(differences between intended and actual positions) that is calculated by the average of absolute value of 3 repeated measures at each directions. The data were analysed by paired samples t-test, independent samples t-test, and repeated measures ANOVA. The results were as follows : 1. Movement accuracy of flexion, extension, dominant side flexion, and non-dominant side flexion was increased in visual condition. 2. There were no differences in the lumbar movement accuracy between sexes in visual and non-visual conditions. 3. In non-visual condition, the movement in coronal plane(dominant and non dominant side flexion) is more accurate than that in sagittal plane(flexion and extension). 4. In non-visual condition, there were no differences in the lumbar movement accuracy between dominant and non-dominant side flexion. In conclusion, this study demonstrates that the movement is more accurate when the visual information input is available than proprioception is only available. When proprioception is decreased by injury or disease, it disturbs the control of posture and movement. In this case, human controls the posture and movement by using visual compensation. However it is impossible to prevent an injury or trauma because most of injuries occur in an unexpected situation. For this reason, it is important to improve the proprioception. Therefore, proprioceptive training or exercise which improve the ability to control of posture and movement is performed an appropriate control of permission or interception of the visual information input to prevent an excessive visual compensation.

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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