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. A. Around January 1, 1995, the Plaintiff joined the Disabledbuk-do B (hereinafter “B”) as a nurse. From July 1, 2011, the Plaintiff was assigned as a public medical care support department and was in charge of home nursing.
B. On August 16, 2012, the Plaintiff: (a) driven a vehicle to take a business trip to drive the vehicle for the purpose of home nursing services; and (b) caused a traffic accident (hereinafter “instant accident”); (c) asserted that the instant accident and the existing duties led to the occurrence of the “porizontal escape certificate Nos. 5-6, 5, 5, 5, 5, 5, 1,” and filed an application for medical care benefits with the Defendant.
C. Accordingly, on March 19, 2014, the Defendant approved the medical care for the Plaintiff on the ground that there was a proximate causal relation with the Defendant’s business as to the fact that the “protruding escape card No. 5-6” was engaged in the business imposing a long-term burden on the said applicant’s disease. However, the Defendant rendered the instant disposition that the medical care was not granted on the ground that there was no proximate causal relation with the Defendant’s business as to the “progrespondal disease No. 5-cheon 1” (hereinafter “the instant injury and disease”).
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, Eul's 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is continuously imposing heavy burden on the Plaintiff’s work process due to heavy medical equipment movement, patient’s physical change, patient’s abortion prevention measures, etc., while serving in a middle patient room for 16 months from the date of entry in B to June 30, 2011. However, the instant injury and disease occurred or rapidly aggravated due to the shock that led to the instant accident. As such, the instant injury and disease ought to be recognized as an occupational disease.
B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, work performance as well as work performance is based on the same.