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(영문) 서울고등법원 2019.06.21 2019누32988
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. From September 1974 to December 7, 1994, the Plaintiff worked as a mining source in C, B, D, etc.

나. 원고는 2016. 3. 29. E대학교 의과대학 부속병원에서 ‘괴저 괴저(壞疽) : 괴사로 인하여 환부가 탈락 또는 부패하는 증상 를 동반하지 않은 레이노증후군(양측 수부)’(이하 ‘이 사건 신청상병’이라 한다) 진단을 받았다.

Based on this, on April 26, 2016, the Plaintiff asserted that “The instant application for medical care benefits arose by performing for a long time the operation accompanied by vibration while driving a construction tool, such as starting rocks, while working as a mine source in the coal mine for about 21 years.”

C. On October 4, 2016, the Defendant rendered a disposition to not approve the Plaintiff’s medical care (hereinafter “instant disposition”) on the ground that “The Defendant did not change the color of the skin in the coolant test conducted in the special diagnosis, and thus, the instant applicant’s disease is not recognized, and there is no proximate causal relation between the work and the injury or disease after the lapse of the extended period of time.”

Accordingly, the Plaintiff filed a request for review to the Defendant on October 31, 2016, but received a decision to dismiss the Plaintiff’s request for review on or around January 2017, and received a decision to dismiss the Plaintiff’s request for review to the Industrial Accident Compensation Insurance Reexamination Committee, but received a decision to dismiss the Plaintiff’s request for review on April 14, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 5 to 10, Eul evidence 2, the purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the hospital affiliated with the E University was diagnosed by the medical hospital affiliated with the E University that the disease of this case was affected by daily life. The plaintiff was diagnosed to require medical treatment for the prevention of deterioration of symptoms. The plaintiff worked as a light source from around 1974 to around 21 years from 1994 during mining operations.

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