요양불승인처분취소
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 February 14, 2017, the Plaintiff, a second-born, was a person retired from office in the coal mine, who was diagnosed by Defendant D Hospital as “Madic Closed-pulmonary Disease” (COD; hereinafter “instant injury”), and filed an application for medical care benefits with the Defendant.
B. On November 24, 2017, the Defendant rendered a decision not to grant approval (hereinafter “instant disposition”) to the Plaintiff on the ground of the result of deliberation by the occupational pulmonary Disease Research Institute, which was not a occupational chronic closed disease related to its duties.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion had undergone the inspection conducted in compliance with the COPD disability standard at Defendant D Hospital; the Plaintiff inhaled large amounts of harmful dust, such as high concentration coal dust, determined-type glass acid, and harmful gas during about ten years and eight months; the Plaintiff was a non-arbitr, and there was no other disease caused by other diseases, such as the Plaintiff’s failure to perform the pulmonary function like the instant upstream, in addition to his occupational ability; and the number of employees working as the Plaintiff have filed for the same increase of the same, the proximate causal relation between the Plaintiff’s work and the instant injury, even if the proximate causal relation is recognized, the Defendant’s disposition was unlawful on a different premise.
B. Basic facts 1) The Plaintiff served as Cantan (board/board) portion from March 1, 1971 to May 30, 1982, from March 1, 1971.
B. The Plaintiff was exposed to the rush in the process of using the powder and scarke, which occurred in the process of screening the coal and various bombs, coming from the consortiums through the consortiums and arranging coal and dusts in an outdoor line with the roof of the pit only.