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(영문) 서울행정법원 2019.12.19 2019구단58844
추가상병불승인처분취소
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 February 26, 2014, the Plaintiff (B) suffered from a sudden accident due to an occupational accident and received first medical care and additional injury and injury with respect to “the left hand, left part, 3.5% of the loss, 3.3 degrees of the loss and hand’s dives, salivating part of the loss, 3.3 degrees of the string, excluding exposure, saliving, and saliving, excluding exposure, saliving, and saliving, and 3.3 degrees of the string, excluding hand and hand, 3.3 degrees of the shoulder, excluding hand and hand, cut off by the left part, cut by the left part of the left part, cut by the left part of the left part, and carried out salving and cutting on March 11, 2014,” and received medical care until December 31, 2017.

B. On April 2, 2019, the Plaintiff asserted that there was an additional medical care and additional medical care due to the Plaintiff’s wearing leg and water on the part of the slocks and the left side by wearing leg and water under the supervision of the lower part of the unit, and due to the imposition of the 5th century and the flocks of the vertebrate (hereinafter “instant injury”). C. On April 2, 2019, the Defendant applied for additional medical care to the Plaintiff on the ground that “the proximate causal relation between the instant injury and disease is not recognized” with respect to the Plaintiff “the additional medical care and the instant non-approval of the additional injury and disease.”

[The facts that there is no dispute over the basis for recognition, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff, without left-hand side, walked in a state where he is willing to walk on the part of the left-hand side by wearing an artificial leg for a long time, and thus, the failure to walk and the load on the side of the walking have occurred, and accordingly, spine disease has occurred.

Therefore, the instant disposition taken on a different premise is unlawful.

B. Article 49 of the Industrial Accident Compensation Insurance Act provides additional medical care benefits for occupational accidents where medical care is necessary due to a new disease caused by an injury or disease caused by the occupational accident.

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