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(영문) 대구지방법원 2019.03.29 2018구단10380
요양불승인처분취소
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 June 24, 2009, the Plaintiff, a business owner operating a “child care company” voluntarily purchased industrial accident insurance (hereinafter “instant workplace”), was diagnosed on December 13, 2014, and applied for medical care benefits to the Defendant on August 30, 2017.

B. On October 23, 2017, the Defendant issued a disposition not to grant medical care for the Plaintiff on the ground that “this case’s injury is determined to be caused by the natural progress of existing diseases caused by the Plaintiff’s personal risk factors, which ordinarily have the risk of suffering from cerebrovascular after the surgery on the basis of the diagnosis of cerebrscular in 2008, rather than the Plaintiff’s work factors, and thus, it does not have a proximate causal relation with the instant injury branch.”

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the injury and disease in this case occurred at the point of seven years or more after the Plaintiff recovered the health and returned to work normally due to severe stress on the left-hand low-speed cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spony. The disease in this case occurred. The disease in this case is irrelevant to the existing disease. Even if the Plaintiff had been suffering from severe work due to the overlapped work and a sudden cerebral cerebral Spony during the payment period, the Plaintiff was under stress due to a new work that had not undergone a usual work, such as drawing work, etc., and the disease in this case was under the premise that there was a proximate causal link between the Defendant’s work and stress due to excessive stress, and thus, the injury and disease in this case has been caused more than a sudden causal causal link with the Defendant’s work.

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