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(영문) 서울행정법원 2020.09.22 2019구단53160
추가상병불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, as an employee of the LAB, worked as a welfare team restaurant from January 1, 2001 to December 31, 2004, and served as the coal source from January 28, 2008 to December 31, 201.

The Plaintiff was diagnosed as “the left-hand side of the tiny spatitis,” and received medical care from February 14, 2017 to March 31, 2018 for the injury and disease recognized as an occupational accident.

B. On December 20, 2017, the Plaintiff was diagnosed as “the right-hand side of the sphere sphere sphere sphere, the right-hand side of the revolving sphere, the right-hand side of the outer upper sphere, the right-hand side of the outer upper sphere, and the left-hand side of the outer upper sphere (hereinafter “the instant upper sphere”). On January 5, 2018, on

C. On February 23, 2018, the Defendant rendered a decision on non-approval (hereinafter the instant disposition) with respect to the Plaintiff according to the medical opinions of the advisory society that “The injury or disease in the instant case is confirmed under the MRI, but it is not related to the past work. As a result, it is reasonable to approve non-approval as it was found as a sedentary disease.”

The plaintiff filed the lawsuit of this case through a request for review and review by the Industrial Accident Compensation Insurance Reexamination Committee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Whether the instant injury and disease occurred to the Plaintiff at issue, and whether there is a proximate causal relation between the Plaintiff and the business performed by the Plaintiff in the Dispute Resolution BankB.

Judgment

(1) Under the Industrial Accident Compensation Insurance Act, an additional injury or disease which has already occurred due to an occupational accident is required medical care, or a new disease is caused by an injury or disease which has already occurred due to the occupational accident and requires medical care, and the causal relation must be proved by the party asserting it.

Here, the disease of occupational accident is a worker.

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