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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 November 22, 2017, the Plaintiff asserted that, as a construction-related worker (a type of molding timber), he/she was diagnosed as “the instant injury” due to an accident that was found to fall in the course of the work of removing each of the materials stuffed in astronomical concrete (hereinafter “instant accident”), and filed an application for medical care benefits with the Defendant on December 7, 2017.
B. On December 27, 2017, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant injury or disease has already received medical treatment, and medical opinion also leaves room to find proximate causal relation with the disaster.”
C. The plaintiff was dissatisfied with the request for examination but was dismissed.
[Reasons for Recognition] Unsatisfy, Gap evidence 4, 5, Eul evidence 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion was caused by the instant accident that occurred during the tent work, and even if there was a emulative disease against the Plaintiff, the Plaintiff has been engaged in the emulative work for not less than 20 years, which led to the aggravation of the natural progress speed by the instant accident while the burden on the shoulder part was aggravated. Therefore, proximate causal relation between the instant accident and the instant upper branch is recognized.
(b) Medical opinion 1) - The doctor’s opinion (B-type department, and December 7, 2017) - the patient’s opinion of the doctor’s opinion is beyond and not sold. - On November 27, 2017, the patient who carried out the right-hand check-up restoration method on the right-hand check-out, and the major examination is deemed to be traumad: X-ray, MRI (1 November 23, 2017)’s opinion of the Defendant’s advisory opinion - 1) on November 23, 2017, but the doctor’s opinion is found not to have been observed, but to have been determined to be satisd. 2) on November 23, 2017.