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(영문) 서울행정법원 2021.02.17 2019구단73645
요양불승인처분취소
Text

1. The Defendant’s non-approval disposition against the Plaintiff on September 3, 2019 that was rendered to the Plaintiff on the right side.

Reasons

1. Details of the disposition;

A. On July 1, 2008, the Plaintiff was employed by B Co., Ltd. (hereinafter “instant company”) engaging in the business of manufacturing various cement products, and went back on March 16, 2013 while performing the business of driving ready-mixed trucks. On February 1, 2014, the Plaintiff joined the instant company and was engaged in the business of driving ready-mixed trucks again on February 1, 2014, and was placed in the C hospital emergency room due to symptoms of November 17, 2018.

Since November 19, 2018 to December 15, 2018, the Plaintiff was hospitalized at a D hospital under the diagnosis of brain fluoral fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluoral. From December 17, 2018 to December 17, 2018, the Plaintiff was diagnosed on January 31, 2019 (hereinafter referred to as “each of the instant injuries”).

B. On June 17, 2019, the Plaintiff applied for medical care benefits for each of the instant injury and disease to the Defendant on the same day. However, on September 3, 2019, the Defendant rendered a disposition not to grant medical care on the ground that the medical care benefits are not acknowledged to be related to the Plaintiff’s work with the upper branch of the pertinent injury and disease on the same day.

On September 9, 2020, the judgment dismissing the Plaintiff’s claim was rendered on September 9, 2020, and the above judgment became final and conclusive on October 6, 2020.

However, on September 3, 2019, the Defendant: “In relation to the film data and medical record, the injury and disease in the application is confirmed; in relation to the duties performed by the Plaintiff, the Plaintiff was partially verified, such as taking the arms above the shoulder connected, but, at the same time, the Defendant was able to drive the lele and complete the lele by driving the lele with the arms occupied by less than 45 degrees without making it difficult to do so. However, it became difficult for the Defendant to drive the lele and complete the lele while driving the lele while moving the lele or supporting the arms to the driver.

We can not see it as being difficult.

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