장해급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On August 2, 191, the Plaintiff, as an employee of the Mineyang Port and Port Trade Union product branch, worked at the Mayang Branch of the Sejong Bank, and was suffering from occupational accidents, such as No. 4-5, No. 5-2, No. 1, and No. 5-2, etc. (hereinafter “existing accidents”), and received medical treatment with the approval of medical care from the Ministry of Labor who had been in charge of industrial accident compensation affairs at the time of receiving the approval of medical care.
B. On July 1, 2015, at around 13:20, the Plaintiff avoided the pipes coming from the scambling in the riart boat at the riart scam of container-type, Korea Telecommunication Co., Ltd., and received medical care benefits and temporary disability compensation benefits after obtaining medical care approval from the Defendant (hereinafter “instant disaster”).
C. After closing the medical treatment for the instant injury and disease, the Plaintiff filed a claim for disability benefits on July 1, 2015. Accordingly, the Defendant rendered a claim against the Plaintiff on May 30, 2016 on the ground that “The disability grade caused by the existing accident was determined at Grade 9, and the disability grade caused by the instant accident was determined at Grade 11, and that the disability grade caused by the instant accident did not reach a higher grade than the existing disability grade, and that the disability grade did not occur.”
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on September 21, 2016.
【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 1, Gap’s evidence 4, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) Although the Plaintiff received medical care benefits and temporary disability compensation benefits after an existing accident, the Plaintiff did not receive a disability grade 9 or a disability benefit. 2) Although the disability grade due to an existing accident and the instant accident are both essential, the disability grade of the existing accident is No. 4-5 and No. 5-cheon 1.