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(영문) 창원지방법원 2017.10.31 2017구단191
최초병상일부불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 18, 2016, while working for a day-to-day container office B (hereinafter “instant accident”), the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant on September 21, 2016, by asserting that: (a) the Plaintiff was diagnosed on September 27, 2016 at the D Hospital as follows: (b) while working for a day-to-day worker at the site of the container office C; (c) while moving with heavy steel stairs around 14:30 on June 18, 2016 (hereinafter “instant accident”); and (d) the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury and disease.

On December 16, 2016, the Defendant: (a) acknowledged the medical care benefits for the instant injury on the ground that there is no proximate causal link between the Plaintiff’s work and the Plaintiff’s injury as the instant injury was not an acute damage; and (b) decided not to approve the medical care benefits for the instant injury on the ground that there is no proximate causal link between the Plaintiff’s work and the Plaintiff’s medical care benefits for the instant injury (hereinafter “instant disposition”).

[Grounds for recognition] The entry of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the injury and disease of this case occurred due to the accident of this case, there is a proximate causal relation with the plaintiff's work, the disposition of this case, which is taken differently from this, is unlawful.

B. The facts of recognition are as follows: (a) Plaintiff (E) filed an appeal for the pain of the right shoulder at the seat of the F medical clinic, Ganesthesia Medical clinic, and H rehabilitation medical clinic after the instant accident; (b) was diagnosed as the injury and disease in the instant case on September 27, 2016; and (c) was diagnosed as being subject to MRI’s inspection, etc. on September 28, 2016, by protesting for continuous pains, physical restrictions, etc. at D Hospital’s right shoulder; and (d) Plaintiff RI’s RI’s medical opinion on September 28, 2016 (the Plaintiff filed an appeal by D Hospital and around September 28, 2016) (Medical opinion) Plaintiff Dental’s (a) (the symptoms complaining of the Plaintiff at D Hospital and around September 28, 2016).

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