장해급여부지급처분취소
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 28, 2015, the Plaintiff was a daily worker who belongs to “B,” and was diagnosed as a waterway shotle on a waterway (hereinafter “instant accident”) and a “stoves stoves stoves stoves stoves s to the side of the stoves inside the stoves” while engaging in the work of spreading fertilizers to trees planted at the site of a new construction construction site C.
(hereinafter “instant injury and disease”). B.
By August 7, 2015, the Plaintiff received medical care benefits under the Industrial Accident Compensation Insurance Act with respect to the instant injury and disease, and applied for disability benefits on August 25, 2015. On September 18, 2015, the Defendant rendered a disposition of disability benefit site payment on the ground that the pain remaining on the part of the instant injury and disease constitutes temporary wintering.
(hereinafter “instant disposition”). C.
The Plaintiff filed a petition for examination against the instant disposition. However, the Defendant dismissed the petition for examination on November 2015 on the ground that the symptoms and special characteristics that may have a permanent pain on the part of the instant injury injury have not been verified and thus fall short of the criteria for recognition of disability grade.
The Plaintiff filed a request for reexamination, but was dismissed by the Industrial Accident Compensation Insurance Reexamination Committee on February 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, 7, Eul evidence 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion continues to provide pains even after August 7, 2015 when the medical care benefits were terminated. As such, the instant disposition, which decided not to pay disability benefits, is unlawful, since the instant injury constitutes a permanent impairment.
B. Article 57(1) of the Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid to a worker in the event of physical disability after the worker recovers from an injury or disease caused by reason of his/her duty, and shall be delegated to him/her under Article 57(2) of the same Act.