Journal of Occupational Health Law
Online ISSN : 2758-2574
Print ISSN : 2758-2566
Case Study
Discussions on how to accommodate
~ Return to work of Employee with Higher Brain Function Disorders ~
Hiroshi TsujiToshiharu NakaiYumiko HibiYoichi InoueYasuko Maruyama
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JOURNAL FREE ACCESS

2025 Volume 4 Issue 2 Pages 60-67

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Abstract
This reports on the case study workshop conducted by Japan Association of Occupational Health Law, using a case of a worker with higher brain dysfunction attempting to return to work. The case involved a man in his 40s who suffered a cerebral hemorrhage during work and attempted to return to work while retaining higher brain dysfunction. Multiple professionals were involved, including an occupational physician, a occupational health nurse, an HR representative, and a lawyer. The workshop featured vigorous discussions on determining return-to-work feasibility, post-return job adjustments and reasonable accommodations, fitness for duty evaluation based on disability characteristics, and the scope of personal information disclosure. From a medical perspective, the importance of rehabilitation coordination and disability management spanning the acute phase through the living and occupational phases was emphasized. From a legal perspective, the principles of “recovery” and return to original position, along with the scope of reasonable accommodations, were clarified. Furthermore, from a human resources and labor perspective, the challenge of establishing criteria for reasonable judgment under highly uncertain circumstances was highlighted. Through this case, it became clear that effective return-to-work support requires integration of internal and external resources, interprofessional collaboration, and consistent, rational decision-making by the employer.
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© 2025 The Japan Association of Occupation Health Law
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