요양급여부지급처분취소
1. The Defendant’s disposition of non-approval of medical care benefits rendered against the Plaintiff on November 23, 2018 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. From January 2002, the Plaintiff, while in office in B, has been performing the duty of collecting and transporting scrap iron using 9.5 tons of scrap bars.
B. On May 11, 2018, the Plaintiff appeared at the company at around 10:30, and was diagnosed as “the instant accident” (hereinafter referred to as “instant accident”) with a length of 6 meters at the front end of the company, and was diagnosed as “the cardio-cerebrovascular blood transfusion (hereinafter referred to as “the instant accident”)” under the fume book (weight 800~900 g) in order to prevent the extension of the sublet.
C. On July 27, 2018, the Plaintiff filed an initial medical care benefit application with the Defendant, but the Defendant rendered a decision not to grant medical care benefits (hereinafter “instant disposition”) on November 23, 2018, on the ground that “In light of the fact that the Plaintiff’s duties and the applicant’s injury and disease were not clearly proximate causal relation between the Plaintiff’s use of force and the instant injury and disease, the causal relation between the Plaintiff’s use of force and the instant injury and the instant injury and disease was not clear,” and that there was a high blood pressure in the medical examination details, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, Eul evidence No. 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by means of force to deduct any extension being covered under fume on the day of the instant accident from the day of the instant accident, and was pushed down with fume, and was engaged in sudden physical activities, such as the above, causing sudden aggravation of cerebrovascular diseases in the course of the instant accident.
Therefore, the injury or disease of this case was caused by the "the occurrence of an unexpected situation related to the work within 24 hours" and there is a proximate causal relation between the injury or disease of this case and the work of this case.
Nevertheless, the plaintiff's application for medical care benefits was not accepted.