재요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 6, 1999, the Plaintiff was crashed by the crashed accident while serving as an employee belonging to the Daeeat Machinery Co., Ltd. (hereinafter “the instant injury”) and was diagnosed by the Defendant as “the escape certificate of 4-5 conical signboards” (hereinafter “the instant injury”), and was recognized as an occupational accident by the Defendant, and was treated by the medical care until August 19, 200.
B. Since then, the Plaintiff had continued pains on the part of the injury and disease, and applied for additional medical care on April 21, 2015. On May 28, 2015, the Defendant issued a disposition of non-approval of additional medical care on the ground that “it is difficult to recognize the validity of additional medical care due to the lack of change in the state of the injury and disease in the MRI” against the Plaintiff.
(hereinafter “instant disposition”). C.
On September 3, 2015, the plaintiff filed a request for examination against the defendant, but was dismissed on September 3, 2015.
[Ground of recognition] No dispute, Gap 1, Eul 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff alleged that the plaintiff suffered from constant pain while receiving medical treatment for the injury and disease of this case by August 19, 2000, and thereafter continued pain. On July 21, 2012, the plaintiff was subject to high-frequency disc voltage from the nepha-si located in Ansan-si. Accordingly, since the symptoms of the first injury and disease have deteriorated compared to the point of completion of treatment, the disposition of this case should be revoked as unlawful.
(b) The attached Form of relevant statutes is as follows.
C. Article 51 of the Industrial Accident Compensation Insurance Act provides that a person who received medical care benefits may receive additional medical care if there is a medical opinion that the occupational injury or disease, which was the object of the medical care, re-exploited after the recovery, becomes worse, or that active treatment is needed for the cure of such occupational injury or disease becomes worse
At this time, it is recognized that there is a proximate causal relationship between the first injury and the first injury and the first injury and disease in addition to the requirements of the medical care.