최초요양불승인처분취소
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 December 201, the Plaintiff served as a field manager at the construction site of B apartment constructed by a lot construction company.
On March 20, 2012, the Plaintiff was subject to an accident where the steel-line was cut and the steel-line was turned out due to the fact that the steel-line was turned out (hereinafter “instant accident”).
B. On October 14, 2013, the Plaintiff asserted that, due to the instant accident, the Defendant suffered occupational accidents on the part of the field, i.e., e., “s.e., air-s., air-s., air-s.s. (hereinafter “instant application”), and filed a medical care benefit application (hereinafter “instant application”). However, on December 19, 2013, the Defendant rejected the instant application on the ground that the instant injury appears to have been withdrawn and the causal link with the instant accident is not recognized.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including additional evidence), Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had no pain on the shoulder before the instant accident occurred, and was operated by using the shoulder selbly after the instant accident.
Therefore, since the injury and disease of this case is deemed to have a causal relationship with the accident of this case, the disposition of this case which rejected the application of this case on a different premise is unlawful.
(b) Attached Form of relevant statutes;
C. According to the Industrial Accident Compensation Insurance Act, the "occupational accident" refers to an employee's injury, disease, disability or death caused by an occupational reason, and in order to be recognized as a disaster caused by an occupational reason, the accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the occupational accident. In this case, the causal relation between the worker's accident and the occupational accident is claimed.