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(영문) 광주지방법원 2015.08.27 2014구단10328
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 June 30, 2006, the Plaintiff was employed as an employee of the Korea Technology Finance Corporation while performing his/her duties (hereinafter “the instant disaster”) and was approved as a medical care for a long period of time in the state of anti-com, as a result of the medical treatment of the injury of “cerebrovascular, proba, probath-of the left-hand brain beer, and so on” (hereinafter “the first injury”).

B. As above, the Plaintiff was diagnosed as “heremic heart disease” during long-term care (hereinafter “instant injury”) and applied for additional injury and disease approval to the Defendant on December 12, 2013. However, on December 30, 2013, the Plaintiff rejected the Defendant’s non-approval on the ground that proximate causal relation cannot be acknowledged between the sporadic disease and the injury and disease already approved.

C. The Plaintiff filed a request for examination against this, but the Defendant dismissed it on April 1, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The accident of this case occurred due to the plaintiff's high blood pressure by the plaintiff's king witness's high blood pressure, and the situation where the plaintiff was unable to do so at all due to the spathnosis, and the physical function becomes worse as the situation continues, and the death and ties caused by the merger of high blood pressure. As a result, the disease of this case occurred.

Therefore, there is a proximate causal relation between the first injury and the instant injury and disease.

The instant disposition to the contrary purport 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 occupational accident occurs; and

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