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(영문) 서울고등법원 2014.11.14 2013누30584

요양(추가상병)불승인처분취소

Text

1. Revocation of a judgment of the first instance;

2. On May 2, 2012, the Defendant’s disposition of non-approval of additional injury and disease medical care rendered to the Plaintiff.

Reasons

1. Details of the disposition;

A. From January 1, 2011, the Plaintiff was working as a street cleaners belonging to B, while cleaning the street around 05:00 on March 21, 2012, the Plaintiff was diagnosed as “the instant accident 7,8 multiples on the left side of the left side” due to an accident involving the left side shouldered on the signal pole (hereinafter “instant accident”), and applied for medical care benefits to the Defendant.

B. On April 20, 2012, the Defendant: (a) informed the Defendant of the approval of medical care regarding “the 7,8, 8, and scam scam scam scam scam scam scamscam scamscamscams”; (b) provided that the Defendant applied for additional medical care benefits to the Defendant on April 25, 2012, after the diagnosis of “the 7,8, and scam scam scamscamscamscamscamscamscam scamscamscamscamscam scamscamscamscamscamscamscamscamscams to the left side.”

C. On May 2, 2012, the Defendant rejected the Plaintiff’s additional medical care for injury and disease on the ground that “the diversity of extreme part time is deemed to be severe, and thus the causal relationship between the instant accident and the instant additional injury and disease is not recognized.”

(hereinafter referred to as “disposition of this case”) / [Grounds for recognition] without dispute, entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply), purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s additional injury to the Plaintiff’s assertion was caused by the Plaintiff’s work that is unreasonable to the instant accident or shoulder, or there was an existing disease in the Plaintiff.

Even if the accident or performance of duties in this case is rapidly aggravated, it should be recognized as a occupational disease.

In contrast, the instant disposition is unlawful.

B. Medical opinion 1: (a) - Medical opinion dated April 25, 2012, expressed by the Council members of the Plaintiff’s main department for the calculation of virtue; and (b) credit.