요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From May 2, 2011, the Plaintiff served as a taxi engineer at a company YK enterprise located in Daejeon Sung-gu.
B. On October 30, 2012, around 01:15, the Plaintiff was diagnosed as a shot-gun and adaptation disorder, and as a result, applied for the first medical care benefit on June 2014, while having been diagnosed as the escape certificate of a conical signboard (hereinafter “instant injury”), while driving a taxi in front of the Gamamama Park-dong, Seo-gu, Daejeon Special Metropolitan City (hereinafter “instant accident”).
C. On August 6, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation with the instant accident due to the temporary gap between the time when the Plaintiff complained of symptoms and the date of the accident when the Plaintiff first received medical treatment for the said symptoms, on October 31, 2013. On September 4, 2014, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation with the accident due to the reason that the causal relation with the accident is acknowledged with respect to the escape certificate of a protruding.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is that the instant injury occurred due to the instant accident, or that the existing disease rapidly aggravated beyond natural progress due to the instant accident, and thus constitutes occupational accidents.
B. Determination 1 of the Industrial Accident Compensation Insurance Act refers to a disease caused by an occupational accident under the Industrial Accident Compensation Insurance Act during the performance of duties, and there is a causal relationship between the occupational and the disease, and the causal relationship must be proved by the party asserting it, and the causal relationship must not be necessarily proved by medical and natural science.