요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 6, 2015, the process of the disposition was examined as “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”) at the D Hospital, which was diagnosed as “the head of the heart, the heart, the heart ward, the coronism, the cardiopulmonary disease, and the cerebral typhism” (hereinafter referred to as “the instant injury and disease”). < Amended by Act No. 13588, Aug. 6, 2015>
On August 27, 2015, the Deceased claimed medical care benefits for the instant injury and disease to the Defendant. On November 6, 2015, the Defendant rendered a disposition of non-approval of medical care benefits for the instant injury and disease (hereinafter “instant disposition”) on the grounds that it is difficult to recognize proximate causal relation between the injury and the deceased’s work.
The Deceased died on March 27, 2016 while the instant lawsuit was pending, and B, the wife of the Deceased, took over the lawsuit.
[Reasons for Recognition] Evidence Nos. 1, Nos. 1, 5, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that there was a proximate causal relation between the deceased’s work, on the grounds that the injury or disease caused by occupational exaggeration and stress, such as the deceased’s long-time overtime work, or aggravated the existing disease beyond natural progress, and thus, the instant disposition is unlawful.
B. In fact, the deceased, such as the duties of the deceased, performed work in E from September 1, 2014 to May 31, 2015, and performed overtime work and holiday work.
From June 1, 2015 to July 31, 2015, the Deceased directly operated F’s contact business.
On August 1, 2015, the Deceased was employed by the K industry Co., Ltd. and carried out the work on contact with the vessel block. On August 1, 2015, the Deceased served a day on August 1, 2015, sent a three-day summer leave from August 2, 2015 to August 4, 2015, and was used on August 5, 2015 while serving on August 6, 2015.