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(영문) 서울행정법원 2018.04.11 2017구단70512
요양불승인처분취소
Text

1. On April 18, 2017, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 31, 2017, the Plaintiff worked in the mining center for about 24 years and 10 months, and retired on June 30, 2013, diagnosed the “blue elbanes on the side of the Plaintiff,” and applied for medical care benefits for the instant injury and disease to the Defendant on March 3, 2017.

B. On April 18, 2017, the Defendant issued a disposition against the Plaintiff to refuse to accept medical care for the instant injury and disease (hereinafter “instant disposition”) according to the result of deliberation by the Occupational Disease Determination Committee (hereinafter “the instant disposition”). In light of the fact that: (a) a clinical disease was verified clinically as a result of a review of all the submitted video data and medical data; and (b) a person engaged in the previous luminous source; (c) a diagnosis and medical care fee was given at the time of approximately three years after the date of the final resignation in 2014; (d) a person diagnosed as an applicant’s disease at the time of the final resignation is difficult to view it as a work-related disease; and (e) a proximate causal relation between the injury and disease is not recognized.

C. The Plaintiff appealed and filed a request for reexamination, but was dismissed.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff worked as a mountain unit in the pit, and the strong vibration and shock had a strong impact on the elbows by using the vibration tools such as the domination machine. The Plaintiff saw and moved heavy materials, such as the sel beam beamline, used it excessively, used the elbline, used it in excess of the upper selline, took the actions to bear the elbow values, repeat the actions to force the elbow and coal, and use the elbow self by inserting the elbow and the strong elbane.

The plaintiff has performed this work for a long time, and after July 1, 2013, the plaintiff provided medical care to the Estunae-gun on both sides, and there is no other occupation ability.

Therefore, the injury or disease of this case is in proximate causal relation to the work.

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