추가상병불승인처분취소
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 January 29, 2018, the Plaintiff was an employee who was engaged in the pipe pipeline business in B, and was diagnosed on the part of “the first injury disease in this case” (hereinafter “the first injury disease in this case”) as a result of the occupational disease, the Plaintiff applied for the approval of additional injury to the Defendant on December 17, 2018, on the part of “YYY 5-Y 1, the escape certificate, the left part of the back part of the back part of the shoulder, the left part of the left part of the shoulder,” which was diagnosed on January 29, 2018.
B. On February 28, 2019, the Defendant rendered a disposition of additional injury and disease approval (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant additional injury and disease is not confirmed in light of the MRI’s image and scientific opinions.”
C. The Plaintiff appealed and filed a request for examination, but the judgment dismissing the Plaintiff’s claim was rendered on May 2, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition taken on a different premise is unlawful, despite the existence of a proximate causal relationship between the first branch of the instant case where the Plaintiff’s assertion that the instant additional disease was confirmed and that there was a proximate causal relationship between the previous branch of the occupational disease.
B. (1) Article 49 of the Industrial Accident Compensation Insurance Act provides that where medical care is necessary due to a new disease caused by additional discovery of an injury or disease caused by an existing occupational accident or by an injury or disease caused by an existing occupational accident, an application for medical care benefits for “additional injury or disease” can be filed.
(2) In addition to the above evidence, the above evidence is acknowledged according to the medical record appraisal results, the fact inquiry results, and the purport of the entire pleadings of the court of this Court.