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(영문) 대구지방법원 2018.04.25 2017구단1082
재요양 및 추가상병승인거부처분 취소
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 July 19, 2016, the Plaintiff: (a) applied for medical care benefits to the Defendant on the ground that an abortion occurred while performing his/her duties (hereinafter “instant accident”); (b) and (c) applied for medical care to the Defendant on the ground that “L2’s acute pressure pressure, two sides, and the left-hand shoulder base” (hereinafter “instant approved injury”); and (d) completed medical care on March 31, 2017; and (b) the same year.

5. 16. The defendant filed a claim for disability benefits and received the disability grade of class 12.

B. On July 3, 2017, the Plaintiff filed an application for additional injury to the extreme injury (hereinafter “instant injury”). On July 24, 2017, the Defendant issued a disposition of additional injury to the instant injury and disease (hereinafter “instant disposition”) on the ground that “The instant injury and disease are deemed to have been already cured due to damage accompanying the secondary pressure frame, and cannot be deemed as a separate additional injury and disease.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff continued to conduct a continuous campaign according to the Defendant’s notification that there was no error in the MIM, but the pain continued even after the medical treatment was closed, and was diagnosed at the Yong-Nam University Hospital around July 2017.

Although the injury or disease of this case is caused by the accident of this case and it is necessary to receive medical care due to continued pain, the defendant's disposition of this case is unlawful on different premise.

B. According to Article 49 of the Industrial Accident Compensation Insurance Act, medical care benefits for additional injury or disease are additionally discovered due to occupational accidents, or new diseases due to occupational injury or disease.

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