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(영문) 부산지방법원 2014.05.21 2013구단1458
요양불승인처분취소
Text

1. On May 3, 2013, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the instant disposition

A. From May 25, 200, the Plaintiff served as a supply operator in the Youngjin ethyl Co., Ltd. (hereinafter referred to as the “Yinjin”) from around May 25, 200. On April 2012, 2012, the Plaintiff 25 tons of a truck with the rear 25 tons of a lusium was put in lusium, and thereafter was treated with the lusium in the lusium B, with the lusium’s salt, tension, vertebrate, etc.

B. After that, at around 14:30 on March 11, 2013, the Plaintiff was diagnosed as Huuri, while moving the back of the truck to supply, and applied for medical care to the Defendant on March 21, 2013, by visiting D Hospital on March 12, 2013.

C. On the other hand, the Defendant approved the medical care for the chronic chronopic chopic choppy, but the Defendant rendered a decision not to approve the medical care (hereinafter “instant disposition”) according to the result of deliberation by the Busan Committee on Determination of Occupational Diseases that it is difficult to recognize a causal relationship with the Plaintiff’s work as it is difficult to deem that the work performance falls short of work ability due to the decline, and that the Plaintiff’s work content falls under a clear and continuous negative burden.

The Plaintiff filed a request for review with the Industrial Accident Compensation Insurance Review Committee on the instant disposition, but was dismissed again, and the Industrial Accident Compensation Insurance Review Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Review Committee on June 27, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Determination on the lawfulness of the instant disposition

A. The Plaintiff’s assertion repeats the work of mixing and unloading the back of 25 tons of truck with a weight of 80-90 km at the speed of 80-90 km a day on a long-time driving and high iron drive for at least 10 hours a day for 13 years at least six times a day. The Plaintiff’s assertion is familiar with the truck above a day.

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