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(영문) 창원지방법원 2018.10.17 2017구단306
재요양및추가상병불승인처분취소
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 March 27, 2013, the Plaintiff completed medical treatment on June 30, 2014 with the medical care approval on the name of the injury or disease (“PPP”) No. 4-5, and applied for additional medical care and approval on February 26, 2016 on the following grounds: (a) during the period from November 2, 2015 to January 2, 2016 (in hospitalization 62 days); (b) during the period from May 2, 2015, the Plaintiff was using the 4-5,000 scopical and scopical scopical scoppt; and (c) the name of the injury or disease “No. 4-5-S1” (hereinafter “the additional disease in this case”).

B. On May 3, 2016, the Defendant issued a disposition to grant additional medical care and additional injury and disease non-approval (hereinafter “instant disposition”) to the Plaintiff on the ground that “It is difficult to recognize the need for active treatment, including surgery, since there is no opinion to escape from a conical examination and escape from a conical signboard No. 4-5, and there is no opinion to escape from a conical signboard No. 5-000.1.”

C. On February 15, 2017, the Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was rendered.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff continued pains after the first operation due to a disaster, and according to the doctor's opinion, it can be confirmed that the additional injury or disease in this case occurred due to or was omitted from the operation of an approved injury or disease due to the operation on the 4-5 side of the drilling, or omitted at the time of the first approval of the medical care, and therefore, the additional injury or disease in this case should be recognized as medical care, and medical care has a significant effect after the operation. Thus, the additional medical care should also be recognized.

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