- 期刊
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論勞保條例中職業病之認定－兼論相關之法律問題
A Study on the Identification of Occupational Diseases and Related Legal Issues
摘要
我國職業病的認定，主要係依勞保條例之職業病種類表為之，但由於該表未設有概括條款，所以以往對於非屬該表上所列舉之疾病或未經中央主管機關核准增列的疾病，在勞工保險職業災害保險給付的認定上，往往難以獲得救濟。此情形雖隨著勞工保險被保險人執行職務致傷病審查準則第20條、第21條，以及第21條之1之制定而獲得改善，但職業病的認定與雇主勞基法上的補償責任或是民法上的損害賠償責任間的關係，仍存在著許多錯綜複雜、沉痾難起的問題。本文希望基於目前勞保條例對於職業病認定之根據，特別是透過職業疾病鑑定委員會之鑑定結果，去探討目前職業病之認定結果對於雇主之補償責任與賠償責任認定之關係，並論及其請求權時效之問題，希望對日後實務運作上能提供若干參考。
並列摘要
The identification of occupational diseases in Taiwan is mainly based on the occupational diseases list for Labor Insurance Act. However, because the list does not have general clauses, in the past, diseases that were not listed were often difficult to get occupational accident insurance benefits. Although this situation has been improved with the formulation of Articles 20, 21, and 21-1 of the Regulations of the Examination of Injuries and Diseases Resulting from the Performance of Duties by the Insured Persons of the Labor Insurance Program, there are still many complicated and difficult problems in the relationship among the identification of occupational diseases, the employer's responsibility for compensation in the Labor Standards Act, and the liability for damages in the civil law. This study hopes that based on the current labor insurance regulations for the identification of occupational diseases, especially through the identification results of the Committee of Identification of Occupational Diseases, to explore the relationship between the occupational disease identification results and the employer's compensation responsibility and liability, and to discuss the issue of extinctive prescription in order to provide some reference for future practical operations.