요양불승인처분취소
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 August 1, 2015, the Plaintiff (BB and male) was employed in the Switzerland A Co., Ltd. and worked in the Ulsan Heavy Co., Ltd., Ltd., the Plaintiff received a work order to “a separation of PA by-products within a half fordrum” and carried out activities to supplement PA by-products using sea money from November 1, 2015 to 30th of the same month.
B. Afterwards, the Plaintiff was diagnosed by the Central Hospital of the Jung-gu Medical Center as “the superior to the Defendant” (hereinafter “the instant injury”) and applied for the first medical care benefits against the Defendant by asserting that the instant injury and disease was caused by piracy work on July 25, 2016. However, on September 7, 2016, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “the proximate causal relation between the instant injury and the Plaintiff’s business cannot be recognized between the instant injury and the Plaintiff’s business.”
C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and was dismissed on or around December 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 7, 8, Eul evidence Nos. 1 and 5, video, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that PA by using 10km up to the Plaintiff’s 10km was engaged in incidental work, and during that process, it was a critical cause for the Plaintiff to have caused unreasonable force, such as cutting down PAs, thereby causing the instant injury and disease. Therefore, proximate causal relation between the Plaintiff’s work and the upper branch of the instant case is recognized.
Therefore, the defendant's disposition of this case on different premise should be revoked as it is unlawful.
B. Facts 1) The Plaintiff’s duties (1) are inserted as a work to clean the remainder of the PA located in the heading room (1.22 km) from August 1, 2015 to September 5, 2015. < Amended by Presidential Decree No. 26590, Sep. 6, 2015; Presidential Decree No. 26790, Dec. 31, 2015; Presidential Decree No. 26790, Dec. 31, 2015>