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(영문) 울산지방법원 2019.05.30 2019구단269
요양불승인처분취소
Text

1. On March 23, 2017, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On November 22, 2004, the Plaintiff became a member of the Company B, and served in several departments, and engaged in the assembly of design articles, such as the installation of a quota quota and the installation of a test straw, from April 1, 2013 to April 1, 2013. On November 3, 2016, the Plaintiff was diagnosed by the in-house industrial health center for physical treatment as a result of a shoulder fluor in the course of performing the work to install a bombus, and thereafter, was diagnosed by the E Hospital on November 18, 2016 (hereinafter “the instant injury”).

B. The Plaintiff filed a claim against the Defendant for medical care benefits on the ground that the instant injury was caused by the occupational accident, and on March 23, 2017, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there was no proximate causal relation between the instant injury branch’s business and the instant injury branch’s business.

C. The Plaintiff, dissatisfied with the instant disposition, filed a request for review with the Defendant on September 20, 2017, but was dismissed, and filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee on December 14, 2017. The Industrial Accident Compensation Insurance Reexamination Committee dismissed the request for reexamination on March 30, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. The plaintiff's assertion was conducted repeatedly to bear a burden on the shoulder for about 13 years. The injury and disease of this case occurred due to such a work or resulting in rapid changes in nature, and thus, proximate causal relation is recognized. Thus, the disposition of this case is unlawful.

3. Determination on the legitimacy of the instant disposition

(a) The details of the relevant statutes are as shown in the attached statutes;

B. The occupational accident under the Industrial Accident Compensation Insurance Act is an employee’s work during the performance of his duties.

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