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(영문) 창원지방법원 2015.08.11 2014구단510
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 21, 2012, when the Plaintiff became a member of Samsung Heavy Industries Co., Ltd. and experienced a large number of pains in the luxal work process, the Plaintiff developed a conical signboard escape certificate No. 4-5 of the Meet No. 4-5 of the Mestalty (hereinafter “the instant injury”).

The Plaintiff received medical care until August 9, 2012 with the approval of the medical care. After the completion of the medical care, the Plaintiff received additional medical care (hereinafter “first additional medical care”) from November 19, 2012 to April 30, 2013, and received a judgment under class 12 subparag. 16 of the disability grade on May 6, 2013. On July 9, 2013, the Plaintiff filed an application for additional medical care (hereinafter “the second application for additional medical care”) on the ground that the instant injury caused the instant injury to the Defendant, and the Plaintiff suffered serious pains due to the instant injury, thereby filing an application for additional medical care (hereinafter “the second application for additional medical care”).

On August 7, 2013, the Defendant rendered an additional medical care non-approval disposition (hereinafter “instant disposition”) on the ground that there is no special aggravation opinion on the Plaintiff and there is no need for active treatment.

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on November 2013, and the Industrial Accident Compensation Insurance Review Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Review Committee, but was dismissed on February 13, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 13, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings as to the legitimacy of the disposition of this case, the plaintiff delayed the approval of the first medical care for the injury and disease of this case, and the plaintiff continued to perform the duties to be borne for a long time without proper medical treatment, which led to the aggravation of the injury and disease of this case.

Furthermore, the Plaintiff continuously complained of the pain for the instant injury and disease from one week prior to the completion of the first additional medical care, and was given a medical prescription. On May 15, 2013, the date immediately after the completion of the first additional medical care, the Plaintiff was given an opinion that it is necessary to undergo an operational treatment at the hospital located within the hospital, and accordingly, the Plaintiff conducted an artificial disc drive on August 16, 2013.

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