In Unusual Legal Ruling in Japan, After Death of Hearing Impaired Girl, Osaka High Court Finds “Lost Earnings” of Disabled Girl Equal to that of a “Healthy Person”
From Barrier Free Japan
By Barrier Free Japan
January 21 2025
OSAKA – In a lawsuit concerning the death of Ayuka Ide (then aged 11), who was born with a hearing impairment, and who was hit by a piece of heavy machinery seven years ago, the Osaka High Court (Judge Yumiko Tokuoka presiding) changed the ruling of the first trial and allowed the payment of the same amount as a healthy person in the appeal trial judgment on the calculation of ‘lost earnings’ that could have been earned in the future.
The Osaka High Court awarded the same compensation amount as a non-hearing-impaired worker to the parents of a girl with a hearing disorder killed in a traffic accident.
Ayuka Ide, 11, a student at a hearing support school, was struck and killed by a excavator in Osaka’s Ikuno Ward in 2018, according to NHK.
The Asahi Shimbun reported that, in February 2023, the district court ruled that Ayuka had sufficient motivation to learn and support from her surroundings, and that she had “various possibilities for employment” in light of social changes such as the widespread use of voice applications to compensate for her hearing loss and the advancement of technology. However, the court stated, “It is undeniable that a hearing impairment can limit one’s ability to work,” and deducted 15 percent from the amount awarded as compensation.
Ayuka’s mother and father, Satsumi and Tsutomu appealed the decision to the high court, asking that the compensation be calculated based on the average wage of all workers, arguing that the average wage of the hearing-impaired was formed when their activities were restricted, and that in recent years many disabled people have been working actively due to changes in social awareness and technological advances.
The parents said they hoped “the court will make a decision that fits the current situation, without being bound by past precedents.”
During the appeal hearing, the bereaved family pointed out that the idea that society, not the individual, is the cause of “limitations” has spread, and that laws have been enacted requiring companies and governments to provide “reasonable accommodation” to eliminate such barriers.
Although the lost earnings of disabled children have been reduced to a certain extent, it is unusual for a judicial decision to recognise the same amount. The high court judgement determined that Ayuka Ide ‘was able to work in the same workplace as able-bodied people’.
The high court changed the ruling of the Osaka District Court, which reduced the compensation amount awarded to the parents of Ayuka to 85 percent of the average lifetime pay because her salary would likely have been smaller because of her disability.
Haruna Kubo, a lawyer representing the family who has a severe hearing loss, said during the closing argument, “If reasonable accommodation had been provided, Ayuka could have worked on an equal footing with people who can hear. There is no rationale for reducing the amount below the average, and this is nothing but discrimination by the court.”