요양급여불승인취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 2017, the Plaintiff filed an application for medical care benefits, asserting that “The Plaintiff was diagnosed and diagnosed No. 4-5 of the escape of the conical signboard” as a result of a close inspection, while working as an assistant nurse from February 1, 2016 to February 28, 2017, with approximately 70 to 80 patients average daily working as an assistant nurse, including the receipt of medical treatment from patients with approximately an average of 70 to 80 patients per day.
B. However, on September 18, 2017, the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on the ground that “The Defendant, on the sole basis of the following: (a) was engaged in almost little books than in the state of her work; (b) was treated as a person handling heavy objects; (c) was provided with medical treatment on the her job before being employed; and (d) was not high in proximate causal relation as it was not recognized on the grounds of a relatively short period of work, etc.”
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff’s assistant nurse’s duty, while performing the assistant nurse’s duty, caused lusium pain by repeatedly performing a work that imposes a burden on lusium, such as raising and unloading female patients at 65-75 km from February 2, 2016 to September 2, 2016, and repeated performance of duties that are aggravated due to lusium in a work environment where sick workers cannot pay disease, and was hospitalized and performed after resignation due to lusical signboard fever. Therefore, there is a proximate causal relationship between the Plaintiff’s duties and the instant injury and disease.
C. The disease, which is an occupational accident under the Industrial Accident Compensation Insurance Act, refers to the disease caused by the worker’s work while performing his/her duties, so there should be a causal relationship between the work and the disease, and the causal relationship must be proved by the party asserting it, and it must be clearly stated in medical and natural science.