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(영문) 부산고등법원 2017.10.25 2017누53
재요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. On November 4, 1997, the deceased was employed and worked in B Co., Ltd. (hereinafter “B”). On March 10, 200, the deceased was returned to the emergency room of the Aldin hospital on the following day after he was returned to work at around 20:30 on March 10, 200. As a result of the diagnosis, the deceased was found to be the first injury and disease on the left-hand side (hereinafter “instant first injury and disease”).

As to the first injury and disease of this case, the Deceased obtained medical care approval from the Defendant due to occupational accidents, and received the judgment of class 9 of the disability grade after the completion of medical care on August 9, 2002.

On October 19, 201, the Deceased was diagnosed as a result of the MRI inspection conducted by C Hospital on the ground that there was a severe symptoms of the old-end and flachial disorder, and that the deceased was diagnosed as a brain flachial brain flachiing brain flachiing (hereinafter “instant injury”).

Accordingly, on January 9, 2012, the Deceased applied for additional medical care to the Defendant on the basis of the foregoing diagnosis. However, on February 21, 2012, the Defendant rendered a disposition of non-approval of additional medical care (hereinafter “instant disposition”) to the Deceased on the ground that “the requirements for recognition of additional medical care and the medical proximate causal relation are not recognized.”

The Deceased filed the instant lawsuit on September 28, 2012, but died on November 5, 2015 while the lawsuit was pending, and the Plaintiff, as his spouse, took over the instant legal proceedings.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, 5, and 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s first wound occurred on March 10, 200 to the Deceased, the instant wound occurred on October 19, 201 after the outbreak of the first wound on March 10, 2000, and around October 19, 201, it is difficult to view that the brain is different from each other even if the outbreak level differs, and the risk factor is the same. Therefore, the instant wound occurred on the extension line of the first wound in the past.

Therefore, the medical proximate causal relationship between the two is recognized, so it is based on the different premise.

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