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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 August 28, 2013, while the Plaintiff was working in a dispute resolution plant, the Plaintiff obtained medical care approval for the injury or disease of “the occupational accident falling from the retaining wall (hereinafter “the instant accident”) which was falling from the retaining wall while installing a drying machine at the work site on August 28, 2013,” and fell from the retaining wall (hereinafter “the instant accident”).
B. On April 22, 2014, when the Plaintiff was under medical care, the Plaintiff was diagnosed as “the complete satisfing of the satisf on the face of the satisfy” (hereinafter “the instant additional satisfy”) and applied for the approval of the additional satisfy on the instant additional satfy.
C. Accordingly, on June 17, 2014, the Defendant rendered a disposition not to approve the above additional injury and disease application (hereinafter “instant disposition”) on the ground that the instant additional injury and disease is an active disease, and the proximate causal relation with the instant accident is not recognized, against the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5, Eul Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not have anything above the shoulder before the instant accident. The Plaintiff’s shocked to the shoulder part of the shoulder part of the instant disaster, and the instant additional injury and disease occurred, and thus, the said additional injury and disease occurred due to the instant accident.
Therefore, the instant disposition is unlawful.
(b) Where a worker receiving medical care due to an occupational accident under Article 49 (Application for Medical Care Benefits for Additional Injury or Disease) of the related Acts and subordinate statutes [Industrial Accident Compensation Insurance] falls under any of the following subparagraphs, he/she may apply for medical care benefits for the injury or disease (hereinafter referred to as "additional injury or disease"):
1. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;
2. The injury or disease which has arisen from the occupational accident shall be new.