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(영문) 서울행정법원 2016.09.07 2015구단58068
추가상병및재요양불승인처분취소
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 August 26, 1998, the Plaintiff was diagnosed as “cerebral an intra-cerebrovascular blood” due to an occupational accident, and was provided medical care until December 27, 2002.

B. On September 22, 2014, the Plaintiff filed an application for additional medical care with respect to additional injury and injury to the disease caused by the Maternal Maternal Maternal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal. (hereinafter “the instant injury”).

C. On January 13, 2015, the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on the ground that the Plaintiff’s chronic renal failure appears to have caused urology rather than high blood pressure, and thus, does not constitute the criteria for recognition of additional medical care.

The plaintiff filed a request for review to the defendant, but was dismissed on May 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. There is a proximate causal relation with the Plaintiff’s assertion that the injury or disease of this case occurred due to brain resistant resistant transfusion, which is the injury or disease of this case, or rapidly aggravated at a natural progress speed.

Nevertheless, the defendant's disposition of this case issued on the ground that the injury or disease of this case seems to have resulted from urology is unlawful.

(b) Where any worker who is receiving medical care due to an occupational accident under Article 49 of the Industrial Accident Compensation Insurance Act related Acts and subordinate statutes falls under any of the following cases, he/she may apply for medical care benefits for the injury or disease (hereinafter referred to as "additional injury or disease"):

1. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;

2. Where medical care is needed as a new disease occurs as a result of an injury or disease which has arisen from the occupational accident.

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