2011. Revocation of approval for non-approval for additional dementia injury and disease care in detail 697.

A

Law Firm A

[Attorney A]

Korea Labor Welfare Corporation

Representative B'the Chairman

Litigation Performers B

March 27, 2013

May 29, 2013

1. On July 23, 2010, the Defendant revoked the Defendant’s disposition not to grant medical care for an additional injury or disease against the Plaintiff. 2. The litigation cost is assessed against the Defendant.

This is the same as the order of the claim.

1. Details of the instant disposition

A. The Plaintiff, a worker employed by E, a subcontractor, who is engaged in shipbuilding and dismantling work in D, a subcontractor in Gyeong-gun, Gosung-gun, Gosung-gun, Gyeong-gun, for the purpose of removing a sprink on July 13, 2009, at around 15:30, the Plaintiff felled from a sprink to a floor below approximately 7-8 meters between the instant accidents (hereinafter referred to as “instant accidents”).

B. The Plaintiff filed an application for medical care with the Defendant on the ground that the Plaintiff suffered from 'Surgical flag, flag, the flag, damage to the right shoulder, damage to the heart of the main body, multi-surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical s, and s.

D. The Plaintiff filed a request for review with the Industrial Accident Compensation Insurance Review Committee on May 17, 2010 regarding the instant disposition, but the said request for review was dismissed, and the request for review was also dismissed on July 23, 2010, although the Industrial Accident Compensation Insurance Review Committee filed a request for review to the Industrial Accident Compensation Insurance Review Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 1, Eul evidence 6-1, 2, Eul evidence 8 and 9, and the purport of the whole pleadings

2. Determination on the lawfulness of the instant disposition

A. The plaintiff's assertion

The Plaintiff was an injury or disease that can be diagnosed even in the absence of any opinion on brain CT or MRI as a result of a medical examination. On July 13, 2009, the instant accident occurred due to the occurrence of a cerebral disease, and thereafter, the Plaintiff was diagnosed at the I Hospital with Alz’s disease or Madneic dementia as a result of a medical examination and transferred the instant accident.

Inasmuch as the symptoms that did not have occurred clearly after the accident, the causal relationship between the accident of this case and the additional injury of this case should be recognized.

(b) Fact of recognition;

(1) The plaintiff's treatment details

(A) On July 14, 2009, after the instant accident, the Plaintiff received diversary diversary diversary diversary diversary diversary diversary diversary diversary divers and fixed divers diversary diversary diversary dives

(B) The Plaintiff got a re-operation at a He Hospital located in the G Hospital located in the G Hospital located in the G Hospital in Busan, due to an error in the operation on the part of the upper part of the bones and the bones of the bones, and received a re-operation on the part of the upper part of the bones of the bones at the I Hospital.

(C) On February 24, 2010, the Plaintiff showed the Dementia symptoms whose memory and judgment capacity are deteriorated as a result of the diagnosis by the brain stroke center of the I Hospital. On April 5, 2010, the Plaintiff was diagnosed as an unidentified dementia in detail by considering the decline in recognition function and the opinion of decline in daily life capacity.

(2) Medical opinions

(A) The Plaintiff’s main diagnosis (I), which causes the Plaintiff’s unknown dementia, is very diverse, and many. The causes of the most shaking are Alzsysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysy

In the case of the Plaintiff, it is difficult to find that there was an existing disease because the opinion of decrease in recognition function was not observed before the instant accident. Since the symptoms of decrease in recognition function that had not existed before the instant accident clearly occurred after the crash accident, it is deemed that there is a possibility of causation between additional branches due to severe double damage. However, there is no accurate causal relationship between the overall anesthesia and the instant additional disease.

(B) According to the opinions and medical records of the advisory panel of the original disposition body, there is no injury to the two parts, and the brain trauma is not observed from the MOI’s opinion. The chronic circular disorder (urology) and brain chilling disorder are considered as cognitive disability. It is difficult to recognize the causal relationship between the instant accident and the additional injury.

(C) Opinions of advisory opinions on Defendant headquarters

Examining the Plaintiff’s relevant data, there is no likelihood of proximate causal relationship between dementia and the instant accident, which is the cause of general dementia, because it is not recognized that the Plaintiff was damaged by serious brain damage in the course of disaster. Rather, dementia is more likely due to the causes such as dementia, dynasism, and unknown causes of the instant accident.

(D) Results of entrustment of appraisal of medical records

① In addition, according to the recent research results, it is assumed that there is a time causal relationship in view of the Plaintiff presumed to have liveded in a normal life with the G Hospital GJ, and that there was a strong forecastr and risk factor for brain disorders such as dementia, including Albimer's disease.

The judgment of the Korea Workers' Compensation and Welfare Service seems to have been based on a considerable part of the fact that there is no abnormal brain ties from a visual perspective, such as MRI or CT, and that it is difficult to recognize brain salute because there is no loss of consciousness.However, in the case of dementia patients, there is no obvious abnormal salute in the video examination, such as MRI or CT, and there is a salute, and most of all, it is difficult to conclude that there was two external salute accompanied by the injury, and there is no possibility that there was two external salute in the case of dementia after the fall,

② The term “JJ of Dental outside of the J hospital” defines cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms as a case where the most weak cerebral cerebral cerebral cerebral cerebral Organisms were recovered within six hours after the occurrence of a food room after normal trauma. In recent years, psychotropic cerebral cerebral cerebral Organisms are all cases resulting in a psychotropic change, such as a mixed, food low, memory, memory room, and arsenal. As a result of the integration of brain functions, food is defined as pans in cases where a complete response to the cerebral cerebral Organisms is shown, and is within the range of stroke, mixed, and mixed, other than in cases where stroke, it is unclear, unclear, and incomplete. In the case of the Plaintiff, even if the food room is not a qual cerebral cerebral cerebral le, it cannot be determined as capable of cerebral cerebral cerebr.

The possibility of damage to the two parts, which are accompanied by the damage to the inside part, is naturally an adjacent human body. However, it cannot be said that brain damage occurs because the damage to the inside part of the part is serious. Bribe is generally considered to have caused permanent damage at the time of aggravation without any special treatment. However, the aggravation of the degree of dementia caused by repeated cerebrs, such as the face-to-face player, is reported by punch dunk Syrome. In the case of the plaintiff, although it was not mentioned in the first diagnosis record, it cannot be said that the deterioration of the recognition function is caused by the aggravation of the cerebrs itself.

In order to determine that the Plaintiff’s dementia was caused by an external wound, it is difficult to determine that the Plaintiff’s disease was caused by a decrease in recognition function from the beginning of the external wound, or due to the combination of cerebral dys, cerebral dys, cerebral dys, and cerebral dys, but it is difficult to determine that it was caused by an external wound because the Plaintiff shows a decrease in recognition function without any opinion of cerebral dys and cerebral dystys due to an external wound.

③ The treatment of brain-dead or cerebral-dead disease in K is most high rates of increase in medical treatment, and it cannot be deemed that there have been dementia because it was no timely treatment. However, as repeated brain-dead disease is accumulated with the accumulation of long-term damage caused by brain, there are many research results on the possibility of causing emerculation.

However, according to the medical records of the first hospital on February 24, 2010, in light of the fact that there is no similar records in the results of reviewing the medical records of the hospital hospitalized before the accident, the medical records of the hospital that had stated that there was an impediment to food, marriage and memory after the accident, etc., there is no evidence that the plaintiff had cerebral ley, even if there was no domestic ley, it is not until now that the medical research results that the first bral ley of the hospital gradually gradually arouses and worsens the dementia over several months to the extent that it would not be accompanied by the food and clothing room as the plaintiff.

It is necessary to determine that the appraisal of the I Hospital NI is related to the time accident in a situation where the cause of the disease is unknown in detail, and medical grounds should be further needed. The opinion of the J Hospital NJ's NW will require a thorough examination as to whether the reference documents presented were properly quoted in a specific case, such as the Plaintiff. According to the MRI taken at the I Hospital on March 16, 2010, there is a serious cerebral tension but there is a difference between individuals. Therefore, the degree of cerebral cerebral tension appearing in the Plaintiff may not be affected by dementia. The degree of cerebral cerebral tension occurring in the Plaintiff can be said to be the degree that there is no dementia. Although there is a small cerebral cerebral cerebral dystrophism on the left-hand left-hand bottom, there is no degree of special symptoms for the Plaintiff, but it cannot be viewed that these disease shows a serious chronic cerebral th

(4) In cases where a shock is caused by brain hystrophism of a L hospital, it may directly or indirectly cause dementia by increasing the formation of an ad hoc hystrophy that directly and indirectly causes alutism to occur.

In addition, there is a case where cerebral chrosathy appears even if there is no food room, and in this case, symptoms such as parassis, hair, pedestrian disability, etc. can be seen.

The G Hospital stated that the symptoms and two pains have occurred from the diagnosis diagnosis of the G Hospital immediately after the diagnosis, and it is thought that these opinions can be seen as symptoms of cerebral chrony, and it is inferred that there was a shock in the two parts in light of the side of the Plaintiff's inner part.

The defendant's non-approval of medical care for brain-dead is difficult to be considered as brain-dead because there is no food room, and there is no brain damage, so dementia is not directly related to dementia. However, in the case of the plaintiff, it is thought that the plaintiff's dementia should be considered as a brain-dead bath of the Gyeongdo that there is a causal relationship between the accident of this case and the plaintiff, and there are medical grounds for the judgment of the 10th medical hospital and the J of Jne and J.

A detailed examination on dementia for the plaintiff was conducted, and as a result, the result of the examination shows a serious fall in the concentration of care, memory, name atmosphere, and bruptal function, and shows 2 of the CD that determines the degree of dementia, which shows a diversity disorder, and shows 3 of the diversity disorder. Albmer's disease caused by aging seems to have been diagnosed with dementia and progress from 0.5 to 2 of the early dementia, but it is reasonable to think that damage was related to the progress of dementia because it has been short of time to 2 of the CD after damage, and it is considered that damage was related to the progress of dementia.

[Based on recognition, Gap evidence 3-1, 2, Gap evidence 4-9, Gap evidence 11, evidence 12-1, 2, 13, 14, 15, Gap evidence 16-1 through 4, Gap evidence 17, 18-2, Eul evidence 3-1, 5-2, Eul evidence 4-7, and Eul evidence 10 through 15, 10-1, 9-2, and 9-1, 9-2, and 9-2, which should be proved in proximate causal relation between the above worker's health and the accident at the time of the determination of 9-1, 2, 3, 3, 4, 90, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 2, 9, 2,

In light of the following circumstances, the Plaintiff appears to have been unable to be seen as having affected the existing dementia because it was not observed before the instant accident. According to the recent research results, the brain damage is accepted as a strong forecaster and dangerous person for dementia such as alz’s disease, and it seems that there was an increase in the formation of meconium that directly and indirectly causes meconium disease, and that there was no food room, and that there was no other meconium 20 years after the instant accident. In light of the fact that it was difficult for the Plaintiff to view that there was a serious causal relation between 20 meters high of 7 meters high in the case of the Plaintiff, and that there was no possibility that there was an initial meconium with meconium in light of the fact that there was no meconium in the instant case, and that there was no meconium in the instant case, and that there was no possibility that there was an early meconium in the instant case.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges, white leaves