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(영문) 서울행정법원 2016.09.12 2015구단16101
추가상병및재요양급여불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 9, 2012, the Plaintiff: (a) was subject to an accident where he/she was faced with trees at the site of B (hereinafter “instant accident”); and (b) on June 28, 2012, the Plaintiff provided medical care on the ground that he/she was granted approval for an occupational accident, and completed the medical care on August 31, 2013.

On July 22, 2015, the Plaintiff filed an application for additional medical care and additional injury and injury to the Defendant (hereinafter “application injury”).

On July 24, 2015, the Defendant rendered a decision not to accept the application for additional medical care and additional medical care on the ground that the application for the Plaintiff did not meet the criteria for recognition of additional medical care and additional medical care.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the injury or disease alleged by the Plaintiff occurred due to the instant accident, the instant disposition is unlawful.

B. Determination additional medical care benefits are acknowledged in cases where an injury or disease already caused by an occupational accident is additionally discovered, or where a new disease occurs as a result of an injury or disease caused by an occupational accident. Additional medical care is recognized in cases where a person who received medical care benefits suffers from a recurrence of an occupational injury or disease, or becomes more worse than at the time of cure and requires active treatment to cure the injury or disease (Articles 49 and 51 of the Industrial Accident Compensation Insurance Act). In light of the overall purport of the arguments in the medical record appraisal commission to Cuniversity hospitals of this court, the Plaintiff did not appeal to the instant accident immediately after the instant accident, and the Plaintiff took a photographed MRI on March 27, 2014 after one year and nine months from the date of the instant accident and one year and nine months from the date of the instant accident.

In light of these circumstances, A.

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