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(영문) 부산지방법원 2017.01.25 2015구단1827
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 February 29, 2012, the Plaintiff, as an employee belonging to Heavy A Construction Co., Ltd., was injured by the Defendant, resulting in the injury of the shot beamed to the sloping beamline while working at the construction site of the lower sloping on February 29, 2012 (hereinafter “instant accident”), and obtained approval for medical treatment from the Defendant.

B. On September 2, 2015, the Plaintiff asserted that he/she was diagnosed with the two sides of the dialogism and Lee Jae-so (hereinafter “the instant injury”) in the course of treating the previous approved injury and disease, and filed an application for approval of additional injury and disease to the instant injury and disease.

C. On September 30, 2015, the Defendant rendered a decision not to approve the Plaintiff’s application for the above additional injury on the ground that there is no proximate causal relation between the instant accident and the instant injury and the instant injury and disease according to relevant statutes and medical opinions (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Gap evidence 3-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is as follows: (a) the injury or disease of this case was caused by the instant accident or was considerably contributed to the occurrence of the instant injury or disease.

Therefore, since the injury and disease of this case occurred as a cause of occupational accident, the defendant's disposition of this case on different premise is unlawful.

B. 1) A worker receiving medical care due to an occupational accident is entitled to file an application for medical care benefits for an additional injury or disease if it is necessary to receive medical care because the injury or disease already caused by the occupational accident is additionally discovered or a new disease occurs due to the occupational accident (Article 49 of the Industrial Accident Compensation Insurance Act, and additional injury or disease must have a causal relationship with the occupational accident or the first injury or disease).

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