진료계획불승인처분취소
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 March 2, 2006, the Plaintiff was an employee who became a member of the Korea Industrial Complex Corporation and was in charge of the non-product inspection. On May 26, 2007, the Plaintiff sustained injury from the Defendant for the purpose of medical care for the disease in the instant case due to an accident that caused the weight of the product stuffs to the Plaintiff, while loaded at the lower end of the piling section for transporting the product stuff at the time of carrying the product stuff together with the rent.
B. On October 24, 2011, the Plaintiff submitted a medical treatment plan extending the period of medical care to 14 weeks (from November 1, 2011 to January 31, 201) and received an extension approval from the Defendant.
C. Thereafter, on February 6, 2012, the Plaintiff submitted an additional medical treatment plan extending the period of medical care for the next nine weeks (from February 1, 2012 to March 31, 2012). However, on February 17, 2012, the Defendant rejected the above extension medical treatment plan on the ground that “the present symptoms have been fixed.”
(hereinafter “instant disposition”) D.
The Plaintiff filed a petition for review with the Defendant against the instant disposition, but was dismissed. The Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on October 25, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Even after January 31, 2012, the Plaintiff asserted that the instant injury and disease was still in need of medical treatment and surgery, and the symptoms have deteriorated thereafter, undergone surgery at the East Asia University Hospital on January 8, 2013, and the Defendant also approved additional medical care regarding the instant injury and disease on February 26, 2015. Thus, the symptoms of the instant injury and disease were not fixed at the time of the instant disposition.
Therefore, the instant disposition is unlawful on a different premise.