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(영문) 서울행정법원 2020.03.26 2018구단71383

추가상병및재요양불승인처분취소

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1. On November 14, 2017, the Defendant’s disposition of non-approval of additional medical care against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 22, 2016, while working for the Plaintiff Company B, the Plaintiff was subject to medical care for an accident that falls from a sloping bridge heighted on April 6, 2016 (hereinafter “instant accident”), and performed medical care until February 28, 2017, with the medical care approval for “the instant accident” (hereinafter “the instant accident”).

B. Thereafter, on September 4, 2017, the Plaintiff diagnosed “a qualitative mental disorder (hereinafter “the instant additional injury”)” and on October 17, 2017, filed an application for additional injury and additional medical care with the Defendant regarding the instant injury and disease.

C. On November 14, 2017, the Defendant issued a disposition not to approve the instant additional medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “(i) the instant additional medical care was rendered on the ground that there is insufficient time causal link between the occupational injury and disease, and there is no medical causation between the injury and the disease, and (ii) the additional medical care is not reasonable as there is no need for medical causation; (iii) the instant additional medical care was maintained in daily life without problems with the mind, awareness, and behavior for a considerable period of time after the date of the accident; and (iv) there is no proof of significant brain injury in the process of brain image testing.”

C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the request for examination on February 27, 2018.

In other words, the plaintiff re-appealed to the Industrial Accident Compensation Insurance Reexamination Committee on June 29, 2018, but the Committee dismissed the request for reexamination.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has shown symptoms of recognition as of the date of the accident of this case.