佐川急便に勤務していた派遣社員が過労によるうつ病が原因で
自殺したとして、遺族が仙台労基署に請求した労災申請について
厚生労働省の労働保険審査会は過労自殺と認定。
同労基署の不支給決定を取り消す逆転裁決をした。
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
労基署の労災不支給決定処分が国の労働保険審査会で
ひっくり返されるのはかなり珍しいですね。
労基署の労災保険の決定に不服の場合、まずは労働保険審査会に
審査請求しその決定に不服の場合、再審査請求をかけます。
そして、やっぱりその決定にも納得いかない・・
となってはじめて行政訴訟を提起できるようになります。
いってみれば、6審制みたいな感じですね。
過労死や過労自殺と労災不支給決定処分の問題は、
行政訴訟を通じた司法による解決が多いのですが、
今回はその前段階で解決できたことになります
訴訟になれば弁護士費用や時間がかかってしまう分
行政判断で解決できたことは意義があるように思います。
それにしても、過労自殺問題で労基署の労災不支給処分が
訴訟でひっくり返されるケースが後をたたないのはなぜだろう・・。
関連キーワード: 労働保険
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