요양급여불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 11, 2018, the Plaintiff (B) joined C, a company dispatched to human resources, was dispatched to Seoul Elementary School from around that time, and was on night duty once a week (from every week 08:00 to 08:00 on June 4, 2018). On June 4, 2018, the Plaintiff (B) was in the emergency room of the E Hospital, and was diagnosed as a result of the examination by the following: (a) acute bovine spongiformiforms and both sides (hereinafter “the instant injury and disease”).
B. On July 6, 2018, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, but on December 27, 2018, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to view that there was a sudden and difficult event related to the immediately preceding injury and disease or a sudden change in the business environment, and there was a short-term and chronic fault due to the pertinent performance of duties, and there is no confirmation that there was an increase in the burden of duties, such as a shift system work, a holiday work, etc., and thus, there is no proximate causal relation between the work and the outbreak of the injury and disease.”
C. The Plaintiff filed a request for examination against the Plaintiff, but the Defendant dismissed the Plaintiff’s request for examination on March 2019. The Plaintiff filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on July 26, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was served for 14 hours every week from 08:00 to 22:00 each week, and then served in the form of atmosphere or water surface in the room before leaving the room for 08:00 on the following day. They did not have a sufficient rest for a mixed-child 24 hours without shifting personnel, and we look at whether the security system is well operated at a low level.