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(영문) 대구지방법원 2015.02.13 2014구단10276
추가상병불승인처분 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 June 30, 2013, while the Plaintiff worked for the Han River Construction, the Plaintiff was subject to medical care approval for the occupational accident (hereinafter “the instant accident”) that takes place while transporting steel pipe columns from the construction site (hereinafter “the instant accident”). As such, the Plaintiff was subject to the approval of the medical care for the injury or disease in the upper part of the upper part of the ground, the upper part of the upper part of the upper part of the ground, the upper part of the upper part of the instant case, and the lower part of the left part of the case.

B. On November 8, 2013, when the Plaintiff was under medical care, the Plaintiff was diagnosed as “satise satise satise satise satise, left satise satise satise satise satise satise satise satise satise satise satise sate

C. Accordingly, on November 21, 2013, the Defendant rendered a disposition not to approve the above additional injury and disease application (hereinafter “instant disposition”) on the ground that the additional injury and disease in this case against the Plaintiff is an active disease and the proximate causal relation with the disaster in this case is not recognized (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 2 through 8 (including additional number), and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff alleged that there was no more than a shoulder part before the disaster of this case. The shock part of the shoulder part of the disaster of this case caused the occurrence of the additional wound of this case, but the discovery was delayed due to a mistake in the first diagnosis by the medical institution.

Therefore, since the instant additional injury and disease occurred due to the instant disaster, the instant disposition 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;

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