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. From July 1, 2015 to April 4, 2016, the Plaintiff, who was working for the Incheon Cargo Co., Ltd., was used on his/her own driving on April 4, 2016, and was subject to a disposition of approval for medical care for cardio-cerebrovascular, brain-resistant transfusion, left-hand paralysis, and left-hand massage expenses (hereinafter “instant approved injury and disease”), and claimed disability benefits to the Defendant after receiving medical care until September 22, 2017.
B. On November 21, 2017, the Defendant rendered a determination of the disability grade under class 9 15 (persons whose labor remains limited to considerable degree of harm to the function or mental function of the neurosis) against the Plaintiff (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes a disability grade higher than that of class 7, since the Plaintiff cannot engage in labor due to serious restrictions in daily life due to the fact that the Plaintiff is not in the state of single-age, but in the left-hand side.
Therefore, the instant disposition that determined the Plaintiff’s disability grade as class 15 on a different premise is unlawful.
B. Medical Opinions 1) - Construs (B hospital, diagnosis certificate dated October 24, 2017) - At the time of discharge from the Republic of Korea on October 14, 2016, the consciousness was improved and made possible to communicate. However, advice - the symptoms due to approved injury - the symptoms due to approved injury are determined to be fixed. - The degree of chronic disorder caused by verbal disorder, the left-hand side disorder, and the degree of injury caused by approved injury falls under 3) emotional disorder, or mental disorder, which is considerably limited to the remaining labor. - The Plaintiff at the time when the Plaintiff appears to be unable to perform the duty of movement through the records of the Plaintiff’s daily life at the left-hand.