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(영문) 서울행정법원 2017.09.12 2016구단899
추가상병불승인처분취소
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 May 27, 2015, the Plaintiff was diagnosed as “the instant disaster” at the pressure of the malddoid, No. 6-7, 3-7, 6-7, 6-7, 3-7, 4, and 6-7, and was under medical care at the present.

On October 14, 2015, the Plaintiff applied for an additional injury to the disease (hereinafter “instant injury to the disease”). However, on November 11, 2015, the Defendant rejected the Plaintiff’s application on the ground that “the recognition of the instant injury to the injury to the disease is lacking from a brain image perspective, there is no opinion of brain damage, and there is no opinion of brain injury, and it is difficult to deem that the symptoms present present are related to the injury due to the lack of observation of the both physical and behavioral symptoms.”

(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition was based on the following facts: (a) there was no conflict between the Plaintiff and the Plaintiff’s assertion as to the ground for recognition; (b) there was no conflict between the Plaintiff and the Plaintiff; and (c) there was no conflict between the Plaintiff and the Plaintiff’s assertion as to the legitimacy of the instant disposition.

Therefore, the instant injury and disease occurred due to the weather approval, and the instant disposition based on a different premise is unlawful.

Where a worker who is receiving medical care due to an occupational accident under Article 49 of the Industrial Accident Compensation Insurance Act related Acts and subordinate statutes falls under any of the following subparagraphs, he/she may apply for medical care benefits for an additional 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. In a case where medical care is necessary due to a new disease caused by an injury or disease caused by the occupational accident, the "occupational accident" under the Industrial Accident Compensation Insurance Act is based on the worker's duties while performing his/her duties.

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