1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On December 17, 2011, the Plaintiff received medical treatment by December 31, 2012, with the approval of the medical care from the Defendant as “mathic pre-treatment disorder, and ex post facto trauma (hereinafter “aggravated injury”) and completed the medical care, and thereafter, filed an application for re-medical care with the Defendant on December 24, 2015 due to the occurrence of symptoms of parassis.

On January 27, 2016, the Defendant rendered a disposition of non-approval (hereinafter “instant disposition”) on the ground that “the symptoms are less likely to be shown due to rehabilitation treatment, and it is difficult to view it as a fall in her former function, and the luminous intensity of the first approved branch has ceased to exist” (hereinafter “instant disposition”).

[Ground of recognition] A. 1, 3, and 4 have no dispute, and the overall purport of the pleading and the purport of the instant disposition is the legitimacy of the Plaintiff’s claim, which led to the aggravation of the Plaintiff’s claim and the need for medical treatment, and the effect of medical care can be expected due to additional medical care.

Therefore, the instant disposition taken on a different premise is unlawful.

Judgment

Article 51(1) of the Industrial Accident Compensation Insurance Act provides that “If there is a medical opinion that a person who received medical care benefits under Article 40 suffers from a recurrence of occupational injury or disease, which was the object of the medical care after the cure or becomes worse than the time of cure, active treatment of such occupational injury or disease is needed, he/she may receive medical care benefits under Article 40 again (hereinafter referred to as “additional medical care”).” Article 51(2) provides that “The requirements, procedures, etc. for additional medical care shall

Accordingly, Article 48 (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides medical care benefits (or disability benefits in the case of injury or disease receiving disability benefits without receiving medical care benefits) for occupational injury or disease, and there is a proximate causal relation between the cured occupational injury or disease and the injury or disease subject to additional medical care.