진폐보험급여결정처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance concerning the instant case is the same as the reasoning of the judgment of the court of first instance, except for the following dismissal or addition, and thus, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
From 3th of the first instance judgment, the first to 14th of the first instance judgment are as follows.
Since the Plaintiff was hospitalized in B Hospital on January 27, 2014, and the medical record was recorded only in the medical record and did not issue a diagnosis or opinion on pneumoconiosis, it cannot be said that there was a temporal continuity of medical relationship from January 27, 2014 to November 14, 2016, the Plaintiff’s diagnosis of pneumoconiosis was conducted. Therefore, the instant disposition made on November 14, 2016, on which the Plaintiff’s doctor’s opinion was prepared, as the date of the occurrence of pneumoconiosis. The instant disposition is legitimate. In the fourth part of the first instance judgment of the court of first instance, “each statement of subparagraphs B B and B,” and “the result of the entrustment of the medical record appraisal for the head of the D Hospital of this court” is added.
Once the first instance judgment is dismissed, the following shall be added to the fourth 15th :
The appraisal opinion of medical specialists E in the D Hospital is as follows. - According to the medical record, the Plaintiff’s main doctor’s examination of the medical record is written on August 3, 2015 as the result of the examination of the court’s entrustment of medical treatment on March 18, 2015, but appears to be a clerical error on March 18, 2015 in the medical record (the evidence No. 7 and No. 1 No. 8 of the evidence No. 1). The Plaintiff’s evaluation of the Plaintiff’s disease as a pneumoconiosis symptoms can be deemed to have been issued with the diagnosis or opinion of pneumoconiosis or pulmonary evidence (the first type of pneumoconiosis evidence).
- Medically, there is no problem since the Plaintiff worked as a tiny worker in 2006, and it is difficult to generate Apism and pneumoconiosis on November 21, 2016, and according to the medical records, the Plaintiff could be deemed that there was the same pulmonary tuberculosis and pneumoconiosis as from January 27, 2014.
- After the Plaintiff completely recovers from pulmonary tuberculosis on October 31, 2014, pulmonary tuberculosis has been suffering from pneumoconiosis.