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(영문) 인천지방법원 2016.10.11 2015구단360
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 January 2, 2014, the Plaintiff was approved to receive medical care for an injury or disease in the field of “the instant disaster” due to an accident in which the materials were stored at a construction site with two meters away from the materials enclosed by Cricks (hereinafter “the instant accident”). The Plaintiff was approved to receive medical care for an injury or disease of “the upper half of the alleys of the left part of the earth, the upper part of the upper part of the upper part of the earth, the upper part of the upper part of the upper part of the earth, the upper part of the upper part of the earth, and the upper part of the left part of the earth.”

B. On October 23, 2014, when the Plaintiff was under medical care, the Plaintiff applied for an additional application for the approval of an additional injury and disease to the Defendant as to “the instant additional injury and disease” in the field of revolving the opening of the scarcity (e.g., extreme complete scarcity and the part of the shouldered scarcity; hereinafter “instant additional injury and disease”).

C. On November 24, 2014, the Defendant rendered an additional measure for non-approval of the injury or disease (hereinafter “instant disposition”) without approval on the ground that the instant additional injury or disease was a bruptal path and the proximate causal relation with the instant accident is not recognized (hereinafter “the instant additional injury or disease”).

Although the plaintiff filed a request for examination against this, it was dismissed on February 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not have been treated with respect to the right shoulder before the disaster of this case. The additional disease of this case was caused by the disaster of this case, but the disposition of this case on a different premise 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. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;

2. The injury or disease which has arisen from the occupational accident; and

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