장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 8, 2014, the Plaintiff, as an employee of Hans Construction Co., Ltd., received medical care by suffering from the steel pipe 3 balance of the upper right, in line with the steel pipe, while going beyond the process of transporting steel pipes at the construction site.
B. On September 15, 2014, the Defendant accepted the Plaintiff’s claim for disability benefits from the Plaintiff, and on September 22, 2014, recognized the Plaintiff as disability grade 14th 10 (the person who remains in the part of the national department) with respect to the disability remaining in the third balance of revenues and expenditures, and determined the disability grade 14th 10 (the person who remains in the part of the national department) with respect to the Plaintiff’s existing disability not to pay additional disability benefits because it is lower than the disability grade 10 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings
2. The Plaintiff’s disability claimed by the Plaintiff falls under class 12 of class 12 (the grandchildren or fourth grandchildren among the single grandchildren) and thus, the Plaintiff should receive additional compensation.
The defendant's disposition of this case on a different premise is unlawful.
3. In full view of the evidence revealed in the judgment of legality of the instant disposition, in light of the results of physical examination commissioned by the Medical Center of the National University of the Republic of Korea, and the purport of the entire argument of the fact-finding results, obstacles to the right side third party balance suffered by the Plaintiff pursuant to the Industrial Accident Compensation Insurance Act and the Enforcement Decree of the same Act constitute class 10, and the disability grade due to overlapping disability between the right side and the right side third party balance falls under class 9, which is the disability grade of class 10, which is the right side balance. The Plaintiff can be acknowledged that there was a disability of class 10 with respect to the right side balance prior to the accident due to the steel pipe pipe.
According to Article 53 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, where there are two or more disabilities of workers, it shall be serious.