论职业病归因诊断原则

Discuss on principle of occupational disease attribution diagnosis

目的探讨职业病归因诊断的理论性问题,为职业病归因诊断原则的正确理解与适用提供理论依据。方法结合侵权损害赔偿责任归责理论和职业病危害的医学特点,对职业病归因诊断的一般涵义、地位、作用、性质与特点以及因果关系适用规则和方法等进行分析。结果因果关系判断是职业病诊断的关键环节,无归因即无职业病诊断;在职业病诊断中适用推定因果关系规则与职业病诊断法律制度以及客观实践的要求相一致,推定因果关系规则的适用可弥补职业病诊断中所需资料客观上无法取得的缺陷,并推动用人单位主动举证,利于实现职业病诊断及时便民原则。结论职业病归因诊断的因果关系判断适用推定因果关系规则。

Objective To discuss the attribution principle of occupational disease diagnosis, and to provide the theoretical basis for the proper application of occupational disease diagnosis. Methods Combined with the theory of liability fixation of tort damages and the characteristics of occupational hazards, the general definition, status, role and characteristics of the attribution principle of occupational disease diagnosis, as well as the applicable rules and methods for attribution judgment were analyzed. Results The attribution judgment was a necessary procedure during occupational disease diagnosis. The prin- ciple of attribution presumption for occupational disease diagnosis conforms to the requirements of the laws of occupational disease diagnosis. Therefore, according to the attribution principle, occupational disease diagnosis can be determined when it is incapable to obtain objective diagnostic information. Meanwhile, this can promote employers to shoulder the initiative re- sponsibility to provide evidence for diagnosis, which will be beneficial to occupational disease diagnosis. Conclusion The principle of attribution presumption can be applied in attribution judgment during occupational disease diagnosis.