휴업급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff, as an employee of the Gwangju Metropolitan Factory Co., Ltd., Ltd., as an employee of the Plaintiff, obtained medical care approval from the Defendant for the “eatitis” that occurred during his/her business on October 7, 2013, and caused at the same time, the Plaintiff’s injury to the injury of the instant case, hereinafter “the injury to the injury of the instant case”).
B. On September 3, 2015, the Plaintiff filed a claim for disability benefits by submitting a disability diagnosis report stating the date of cure of the instant injury and disease as of October 20, 2014, to the Defendant on July 10, 2015, following administrative litigation. (c) The Defendant approved disability benefits (Grade 11, 39,802, 180, and the total amount of temporary disability benefits up to the period of the above medical care) as the period of medical care until October 20, 2014, and paid disability benefits (grade 11, 39,802, 180, and the total amount of temporary disability benefits up to the period of the above medical care.
After that, on July 13, 2016, the Plaintiff is “the instant period” from October 21, 2014 to January 12, 2015 to the Defendant.
On July 20, 2016, the defendant filed a claim for temporary layoff benefits against the failure to receive the temporary layoff benefits, and the period of this case on July 20, 2016 is not the period of payment of the temporary layoff benefits.
(1) 【No dispute over the grounds for recognition, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff suspended business until January 12, 2015 after obtaining the medical care approval for the instant injury and disease, and thus, the instant disposition rejecting the payment of temporary layoff benefits was unlawful.
B. The Industrial Accident Compensation Insurance Act provides that temporary disability benefits shall be paid to a worker for a period during which he/she is unable to find a job due to medical care (Article 52), and that disability benefits shall be paid in cases where the worker is physically handicapped after recovery of an occupational injury or disease.