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(영문) 대구지방법원 2015.07.10 2014구단2763
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 October 30, 2013, while working in the (ju) Laos, the Plaintiff was subject to occupational accidents where the left body is facing the floor and the left body is divided into two parts (hereinafter “the instant disaster”), while getting out of stairs at the work site on October 30, 2013, and was subject to medical care approval from the Defendant for “the part of the elbow joints section on the left part.” The Plaintiff was subject to medical care approval from the Defendant for the latter unstable and anti-combustibility of the outer part (hereinafter “approval injury”).

B. On April 29, 2014, when the Plaintiff was under medical care, the Plaintiff applied for an additional application to the Defendant for the approval of the additional injury or disease to the “uneasy” (hereinafter “uneasy” in this case).

C. On May 14, 2014, the Defendant rendered a disposition not to approve the above additional sickness application (hereinafter “instant disposition”) against the Plaintiff on the ground that there is no proximate causal relation with the instant accident.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion had no less than anything on the left-hand hand before the disaster of this case. At the time of the accident of this case, shocked on the left-hand hand in addition to the left-hand hand at the time of the accident of this case, and the additional disease of this case occurred, or an additional outbreak occurred due to the external instability after the left-hand hand-hand hand-hand hand-on, which is the existing approved disease.

Therefore, since the medical care for the instant additional injury and disease should be approved, the instant disposition is unlawful.

(b) Where a worker receiving medical care due to an occupational accident under Article 49 (Application for Medical Care Benefits for Additional Injury or Disease) of the related Acts and subordinate statutes [Industrial Accident Compensation Insurance] falls under any of the following subparagraphs, he/she may apply for medical care benefits for the injury or disease (hereinafter referred to as "additional injury or disease"):

1. An injury or disease which has already occurred due to the occupational accident shall be additionally discovered;

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