logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.01.09 2018구단10027
추가상병불승인처분취소
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 26, 2017, the Plaintiff submitted an additional application for an injury to the Defendant on September 5, 2017, on the ground that: (a) an industrial accident, the head of which was removed from steel bars (T5, T7, T10, L1); (b) the left-hand side of the pelvis; (c) the open upper-hand side of the pelvise; and (d) the pelvise was receiving medical care due to an injury; and (e) an additional outbreak of cerebrovascular; (e) the pele’s blood transfusion; and (e) the pele’s blood transfusion (hereinafter “the instant injury and disease”).

B. On October 30, 2017, the Defendant issued an additional measure for non-approval of the injury and disease (hereinafter “instant disposition”) to the Deceased on the ground that “In light of the view of blood transfusion on the right side of the brain and the point of time of occurrence and treatment of the injury and disease caused by the application, there is no causal relationship with the accident, and it is deemed that it is deemed that it is the disease of the deceased.”

C. On October 28, 2017, the Deceased died from cerebrovascular, and the Plaintiff filed the instant lawsuit as the sole heir of the Deceased on January 8, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3 and 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the injury or disease of this case was found only on August 10, 2017 when it was found that it was not found at the time of the accident, or on August 10, 2017, or that the injury or disease of this case occurred as a combination of stress and anti-explosion and anti-explosion, etc. caused by the aggravation of the deceased’s paralysis, respiratory part, or continuing diseases. Thus, the disposition of this case was unlawful even though the injury or disease of this case occurred

B. (1) Determination (1) Article 49 of the Industrial Accident Compensation Insurance Act allows an application for medical care benefits for an additional injury or disease caused by an existing occupational accident where medical care is necessary due to a new disease caused by an additional accident or a disease caused by an existing occupational accident.

arrow