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(영문) 부산지방법원 2018.07.18 2017구단422
상병요양불승인취소(상병요양급여신청거부처분취소)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 20, 2016, the Plaintiff was engaged in vehicle maintenance work at B Co., Ltd. (hereinafter “Nonindicted Company”). On November 23:15, 2016, the Plaintiff filed an application for medical care benefits after being diagnosed as “a low nuclear blood transfusion” (hereinafter “the instant injury”). Around 23:42 of the same day, the Plaintiff was sent back to East Asia University Hospital on the ground that she was engaged in parassis and arms, and leging symptoms during night duty.

B. Accordingly, on March 23, 2017, the Defendant rendered the instant disposition that rejected an application for medical care benefits in accordance with the determination by the Busan Occupational Disease Determination Committee that “the proximate causal relation with the instant superior branch is not recognized.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff continued to have a high risk of high blood pressure, which is the cause of the outbreak of brain-resistant transfusion, due to the shortage of water surface and the biochemical rhythrhy by continuous work for 24 hours at night and low intervals between 15 and 4 days after entering the non-party company. Before the occurrence of the instant accident, the Plaintiff additionally performed the maintenance work of the management office and the watchkeeping room, in addition to the previous work, prior to the occurrence of the instant accident, and led to an increase in the intensity of work, a high blood pressure, which is the cause of brain-resistant transfusion, has occurred or aggravated beyond natural progress, and thus, proximate causal relation between the instant injury and the instant injury and disease is recognized.

Nevertheless, the instant disposition in accordance with the standards prescribed by the Enforcement Decree of the Industrial Accident Compensation Insurance Act that excessively limits the scope of occupational diseases beyond the scope of the authority of the Industrial Accident Compensation Insurance Act is unlawful.

B. Determination 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s work while performing his/her duties, so there is a proximate causal relation between the work and the accident. In this case, the causal relation between the worker’s work and the accident should be determined.

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