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(영문) 서울행정법원 2017.04.12 2016구단55448
추가상병불승인처분취소
Text

1. On November 9, 2015, the Defendant’s revocation of the disposition of additional injury and disease approval against the Plaintiff.

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

Reasons

1. Details of the disposition;

A. On July 3, 2015, the Plaintiff suffered injury, such as “the trophal splate trucks (EPT) and the left-hand splates” due to the accident (hereinafter “the instant accident”), while working at the Ethical Logistics Center on July 3, 2015, and obtained medical care approval from the Defendant on August 3, 2015.

B. On October 2015, the Plaintiff was diagnosed to have received medical treatment and to have received an additional medical examination and examination in the department of anesthesia anesthesia at the Han River University, which caused severe pain despite being receiving medical treatment, and at the above hospital, the Plaintiff was diagnosed to fall under Type 1 of the Complex Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma

C. On November 9, 2015, the Defendant issued a disposition to grant additional injury and disease (hereinafter “instant disposition”) on the ground that the Plaintiff’s status constituted two symptoms and two thousand signs among four categories, which were set as a requirement to be recognized as a complex injury and disease support group, and failed to meet the diagnosis criteria.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition that was made on a different premise, despite that the Plaintiff’s symptoms both in four categories according to the standard of diagnosis in 2004, and the signs were shown in two or more categories, and falls under the type 1 of the Complex Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma

나. 관계 법령 등 ▣ 산업재해보상보험법 제49조(추가상병 요양급여의 신청) 업무상의 재해로 요양 중인 근로자는 다음 각 호의 어느 하나에 해당하는 경우에는 그 부상 또는 질병(이하 "추가상병"이라 한다)에 대한 요양급여를 신청할 수 있다.

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. An injury or disease which has arisen from the occupational accident; and

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