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(영문) 대구지방법원 2017.01.13 2016구단1146
추가상병요양불승인처분
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 7, 2015, the Plaintiff was approved for medical treatment as an injury and disease of “pappropin escape certificate (or urgency) and a large number of disease and injury group”, which was caused by occupational accidents on May 7, 2015, as an employee belonging to the head of the Si/Gun/Gu Kimcheon Industrial Complex.

B. On January 7, 2016, the Plaintiff applied for an additional injury and disease against “Scarg escape certificate No. 7-8”, which is the instant additional injury and disease, but the Defendant issued the instant disposition that was not approved.

C. On this issue, the Plaintiff filed the instant lawsuit upon all dismissal of the petition for review and reexamination.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 7 through 13, and whole purport of pleading

2. Whether the instant disposition is lawful

A. There is no fact that the hospital received medical treatment due to the escape from the chest-protruding signboard before the plaintiff's assertion date, and the Additional Injury Disease in this case is a disaster that the plaintiff was on duty, and the degree of damage was not severe at the time of the accident but gradually aggravated, so there is a proximate causal relation with the occupational accident.

B. (1) In order to constitute the “occupational accident” subject to the Industrial Accident Compensation Insurance Act, the causal relationship between the business and the disaster is recognized. However, even if the accident is an existing disease not directly related to the business, if it becomes worse or its symptoms are revealed due to the accident that occurred in connection with the business, it shall be deemed that there exists a causal relationship between the business and the business. Such causal relationship must be proved by the party asserting it.

(2) In the instant case, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the instant additional injury and disease occurred due to the instant accident, and there is no other obvious evidence to acknowledge this otherwise. Rather, according to the result of the instant court’s entrustment of medical record assessment on the Head of Daegu Tol University Hospital, the instant case is deemed to have been entrusted.

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