진료계획 불승인 처분 등 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On September 12, 2002, while working at the construction site of a social gathering comprehensive construction company, the Plaintiff suffered from the Defendant the occupational accident falling from approximately 3 meters high from the right side (including the instant accident), and received medical treatment for the instant injury and disease since around that time, after obtaining the medical treatment approval for the instant injury and disease from the Defendant, as well as the medical treatment approval for the instant injury and disease.
The Plaintiff is in need of the drug treatment, etc. of the instant injury and submitted a medical treatment plan (the treatment period: from February 1, 2014 to April 25, 2014) to the Defendant. Since the Defendant is judged to be a fixed symptoms, it is reasonable to complete the medical treatment and complete the medical treatment by January 31, 2014, and then treat the Plaintiff with a preventive management card, such as a merger, etc.
On December 31, 2013, based on the review opinions of advisory doctors, "the measure of this case" was taken against the plaintiff as non-approval of the medical plan (hereinafter "the measure of this case").
Therefore, the plaintiff filed a request for examination with the defendant, but was dismissed on February 14, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and whether the disposition of this case is legitimate
A. The gist of the Plaintiff’s assertion argues that the Defendant’s disposition of this case, which issued a non-approval of the Plaintiff’s medical treatment plan, is unlawful on the ground that the Plaintiff’s treatment of the instant injury and disease is deemed to have been completed in addition to the treatment of the instant injury and disease, and thus, the Defendant’s treatment of the instant injury and disease was
(b) as shown in the attached Form of the relevant statutes;
C. Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act provides that “cure” refers to a state in which an injury or disease is completely cured or the effect of treatment is no longer expected, and the symptoms thereof are fixed.