[Order]
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
[Purport of Claim]
The disposition of non-approval of medical care benefits rendered by the defendant against the plaintiff on February 4, 2013 shall be revoked.
[Reasoning]
1. Background of the instant disposition
A. While performing pharmaceutical sales assistance work at ○○ Pharmacy located at (address omitted), Yongho-dong, Nam-gu, Busan, on March 26, 2012, the plaintiff asked a pharmaceutical company employee who had visited the pharmacy to take down medicine from a display shelf that was out of the plaintiff's reach. While the employee was taking the medicine down, a box of Cheongsimhwan pills next to it fell and struck the plaintiff's neck and shoulder (hereinafter "the instant accident"). Thereafter, the plaintiff developed weakness in the upper extremities and was diagnosed with cervical spinal cord injury between the 4th and 6th cervical vertebrae and quadriplegia (hereinafter "the instant injury/illness"), and applied for medical care benefits.
B. In response, the defendant rendered a decision denying the application for medical care benefits (hereinafter "the instant disposition") on the ground that the plaintiff's condition was a symptom caused by ossification of the posterior longitudinal ligament, a disease unrelated to work, and a degenerative disease judged to have low work-relatedness, such that proximate causation between the work and the disease could not be recognized.
[Basis of recognition] Undisputed facts, each entry in Evidence Nos. 1, 2, and 3 (Eul), and the overall purport of the pleadings
2. Determination as to the legality of the instant disposition
A. The plaintiff's argument
The plaintiff argues that, having never suffered from any neck-related disease before, the instant injury/illness developed after the instant accident, and therefore constitutes an occupational accident. The plaintiff further argues that even if a degenerative disease existed, the plaintiff, who was already in poor health due to myelitis, hypertension, etc., continuously overworked, and in addition, the instant injury/illness developed as a result of bending the waist and neck to move medicine boxes and using the neck to arrange and take down medicine from high shelves. Therefore, proximate causation is recognized between the plaintiff's work and the occurrence of the instant injury/illness, and the instant disposition, which is based on a different premise, is unlawful.
B. Relevant statutes
As stated in the attached sheet.
C. Facts recognized
1) Details of the plaintiff's work
A) The plaintiff joined ○○ Pharmacy on March 17, 1997 and performed pharmaceutical sales assistance work. Working hours were from 10:00 to 22:30, with one hour each for lunch and dinner, and no separately designated rest time.
B) The plaintiff mainly stood while selling medicine, and sat in a chair when there were no customers. When pharmaceutical sales representatives brought medicine boxes into the pharmacy, the plaintiff opened the boxes and arranged the goods, and sometimes tilted her neck backward when taking down items located high up. The plaintiff performed the task of carrying, for about 1 to 2 hours a day, boxes of 100 drink bottles that were somewhat inconvenient to lift alone, over a distance of about 10 meters.
2) Details of the plaintiff's treatment
The plaintiff was first diagnosed with myofascial pain syndrome, etc. at ○○ Oriental Medicine Clinic on April 17, 2012, and received treatment at ○○○ Neurology Clinic, ○○○ Hospital, and other institutions. On June 11, 2012, the plaintiff received treatment for cervical radiculopathy at ○○○○ Hospital, underwent surgery on the 4th-5th and 5th-6th cervical vertebrae on June 20 of the same year, and while receiving treatment at ○○○○○ Rehabilitation Medicine Clinic on June 28, 2012, was diagnosed with the instant injury/illness.
According to the initial medical record from ○○○○ Hospital, it is stated that the plaintiff had myelitis and was unable to walk, had complained of weakness in the left upper extremity for several months, and the symptoms worsened five days prior to the point where the plaintiff could not raise the left arm; the plaintiff was hospitalized one day prior at Busan ○○○ Hospital and received steroid treatment, showing slight improvement, but visited the emergency center at this hospital seeking treatment there.
3) Medical opinions
A) Opinion of the plaintiff's attending physician (○○○○○ Rehabilitation Medicine Clinic)
The plaintiff's left upper extremity muscle weakness progressed from around March 2012, and cervical spinal cord injury (4th-6th cervical vertebrae) was confirmed through examination at ○○○○ Hospital, for which surgery was performed. Thereafter, the plaintiff was hospitalized at this clinic due to continued weakness in the upper extremity muscles, weakness in both lower extremities, and gait disturbance. Manual muscle testing showed markedly severe nerve root weakness at the left C5 and C6 levels, and worsening spasticity of the gastrocnemius muscle in the lower extremities.
B) Opinion of the advisory physician at the defendant's original disposition branch
According to the results of the MRI scan of the plaintiff's cervical spine taken on June 14, 2012, degenerative lesions including multiple cervical disc herniations, ossification of the posterior longitudinal ligament, and myelopathy were observed, which correspond to pre-existing conditions unrelated to work.
C) Opinion of the advisory physician of the defendant's ○○ branch
The plaintiff, having worked as a pharmacy sales assistant for approximately 15 years, was diagnosed with cervical spinal cord injury, etc. around June 2012. Considering the nature of the work, the degree of workload on the cervical spine is judged to be low, and given that the MRI shows marked ossification of the posterior longitudinal ligament and myelopathy due to degenerative changes, it is difficult to recognize a relationship between the work and the instant injury/illness.
D) Opinion of the ○○○○○ Disease Adjudication Committee
The plaintiff's condition is considered to be a symptom caused by ossification of the posterior longitudinal ligament, a disease unrelated to work. The form of work involved arranging medicine and carrying heavy items (about 100 drinks), and the instant injury/illness is judged to be the plaintiff's naturally progressing disease, with low work-relatedness; considering the intensity of the work as well, it is judged to be a degenerative disease with low work-relatedness.
[Basis of recognition] Each entry in Evidence Nos. 4 through 10 and Evidence No. 11-1 through 6 (Eul), and the overall purport of the pleadings
D. Determination
"Occupational accident" as referred to in Article 5, Item 1 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법) means an injury, disease, disability, or death of an employee arising from the employee's work in the course of performing that work; accordingly, there must be proximate causation between the work and the occurrence of the accident, and in such cases, the party asserting the causal relationship between the employee's work and the accident bears the burden of proving it (see Supreme Court Decision 2001Du7725, decided February 5, 2002; Supreme Court Decision 2006Du8204, decided January 31, 2008, etc.).
Upon examination, the entries in Evidence Nos. 2, 6, and 7 alone are insufficient to recognize that the instant injury/illness developed as a result of the instant accident or the plaintiff's continuous overwork or work duties, and there is no other evidence sufficient to recognize this. Rather, in light of the following circumstances discernible from the facts recognized above: ① If, as the plaintiff argues, this were a traumatic cervical spinal cord injury, the point at which symptoms of a traumatic cervical spinal cord injury appear—in a person who already had spinal stenosis of the cervical vertebrae and who sustains an injury in which the neck is extended backward, momentarily striking the spinal cord located directly behind—should be immediate, with symptoms from nerve damage appearing right away; however, the plaintiff's first hospital visit after the instant accident is confirmed to be April 17, 2012, when the plaintiff was treated for myofascial pain syndrome at ○○ Oriental Medicine Clinic, making it difficult to view the cervical spinal cord injury as having arisen from the instant accident; ② the initial medical record from ○○○○ Hospital states that the plaintiff had myelitis and had difficulty walking, confirming that the plaintiff had suffered from myelopathy in the past; and ③ according to the results of the cervical spine MRI taken of the plaintiff, marked findings of ossification of the posterior longitudinal ligament and myelopathy due to degenerative changes are confirmed—it is difficult to conclude that the instant injury/illness newly developed as a result of the instant accident, or that a pre-existing condition rapidly worsened beyond its natural course. Accordingly, the plaintiff's above argument is without merit.
3. Conclusion
Therefore, the plaintiff's claim is without merit and is hereby dismissed, and it is so ordered as stated in the Order.
Judge [Judge 1]