Text
1. On January 14, 2016, the Defendant’s disposition of non-approval for oriental medical care is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From April 9, 1995, the Plaintiff served in the Taek Ba Mining Co., Ltd. (hereinafter the workplace of this case) and was diagnosed as “Yong-gun, Yangyang-gun” on July 1, 2013, and applied for medical care benefits under the Industrial Accident Compensation Insurance Act to the Defendant on July 21, 2015, but was not approved.
B. On October 21, 2015, the Plaintiff filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant, subject to the diagnosis of the “Saeman-Mad Mad-Mad-Mad-Mad-Mad-gun” (hereinafter “the instant injury”).
C. On January 14, 2016, the Defendant rendered a disposition of non-approval of the said application (hereinafter the instant disposition) on January 14, 2016, pursuant to the Seoul Committee for Determination of the Disease and Disease (hereinafter “The Seoul Committee”), that “the relationship between the Defendant and the Defendant’s duties is not recognized to be judged to be inconsistent with the clinical Opinion when considering the symptoms, etc. for which the patient complained for.”
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff asserted that the plaintiff used the front section in the workplace of this case for a long time and directly moved heavy materials to hand. The injury of this case has a proximate causal relation with the work of this case.
Therefore, the instant disposition taken on a different premise is unlawful.
B. Facts of recognition - The Plaintiff worked in the instant workplace from April 9, 1995 to June 30, 2013, and worked in the mountain for about 16 years among them, and used electric tools, such as crypers, traffic, and strings, etc. for a long period of up to 6 hours a day, or transported heavy materials, such as syn beams, by hand, or by using syn beams and insertings, etc., with a burden on his hand.
In addition, even before the workplace of this case, work in coal mines for several years, and similar work were performed.
- The Plaintiff’s retirement from the instant place of business on July 1, 2013 at the Central University Hospital on October 21, 2015.