추가상병불승인처분취소
1. On March 22, 2016, the Defendant’s revocation of the disposition of additional injury and disease approval against the Plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On July 31, 1987, the Plaintiff received “the instant accident” from the string string string strings, cut strings, and string strings, and received medical care until July 28, 1988, and received a decision under class 4 subparag. 4 of the disability grade on August 12, 198.
B. On October 31, 2015, the Plaintiff underwent a comprehensive psychological assessment at the Slock University Slock Hospital (hereinafter “instant additional disease”) and applied for additional injury and disease to the Defendant on January 4, 2016, after receiving the diagnosis of “Ex post facto stress disorder, depression, and adaptation disorder” (hereinafter “instant additional disease”).
C. On March 22, 2016, the Defendant rendered a disposition to not approve the Plaintiff’s application for additional injury and disease (hereinafter “instant disposition”) on the ground that “the instant accident and the weather approval branch cannot recognize the causal relationship between the instant additional injury and disease.”
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence No. 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion that the instant accident occurred due to symptoms, such as a sudden depression, apprehension, and WIG disorder, and the instant additional injury was caused directly and mainly by a weather-approval injury or the instant accident, and thus, the instant disposition taken on a different premise is unlawful.
B. According to Article 49 Subparag. 2 of the Industrial Accident Compensation Insurance Act, “additional injury” refers to a case where medical care is required as a result of a new disease caused by an injury or disease caused by an occupational accident. As such, proximate causal relation between occupational injury or disease and a new disease should be established, which must be proved in the aspect of the assertion.
However, it is not necessarily required to be proved clearly in medical and natural science, such as the health condition of workers at the time, the background of outbreak, the contents of diseases, and the progress of treatment.