logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.07.18 2015구단887
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;

가. 원고는 동유 주식회사 소속 근로자로서 2014. 6. 30.경 작업준비 과정에서 대형청소기를 옮기기 위해 잡아당기다가 줄에 걸려 뒤로 넘어지면서 엉덩방아를 찧어 상해를 입었다

(hereinafter “instant disaster”). (b)

On July 24, 2014, the Plaintiff received the medical care approval from a recognized injury and disease on the part of the Plaintiff and received the additional diagnosis of “the salt pansium and tensions of the YYADDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD

C. On July 1, 2015, the Defendant issued an additional measure for non-approval of the injury and disease (hereinafter “instant disposition”) on the ground that “The 2nd pressure frame, which is an existing approved injury and disease, is well cured, and the opinion of the salt coordinate in the MO and the Alley of the Alley in terms of MRI and the Alley Medical Examination, is not clear, and it is deemed that there is no causal relationship with the disaster as at the time when the period of time has elapsed after the disaster.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion did not receive treatment on the part of the instant additional disease before the instant accident, and there was no additional injury to the part of the instant additional disease except for the instant accident, and even if according to the Plaintiff’s opinion, the proximate causal relation between the instant disaster and the part of the additional injury, the Defendant’s disposition made on a different premise is unlawful.

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

1...

arrow