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. From March 10, 2005, while working as a cook in Daegu Middle School, the Plaintiff was in the occurrence of an accident where the right shoulder part of the upper right shoulder was faced on the floor by completing cleaning of a meal room around 14:20 on March 25, 2013 (hereinafter “the accident in this case”).
B. On April 26, 2013, the Plaintiff underwent an operation after being diagnosed as “the shoulder belt pande fever in the friendly side” (hereinafter “the instant injury”) at the Yong-Nam University Hospital, and submitted an application for medical care benefits to the Defendant on April 29, 2013.
C. Accordingly, on June 7, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the instant injury and disease appears to be an active disease, and that the Plaintiff’s work cannot be deemed to be a job that imposes an excessive burden on the shoulder.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 7, 14, and 17, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant accident occurred due to the occurrence of the instant disaster while serving as a meal cook for about 12 years prior to the instant accident. As such, proximate causal relation should be acknowledged between the instant injury and the instant accident, since the Plaintiff’s duties and duties in the instant injury branch or the instant accident should be acknowledged.
B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relation between work and accident as well as occupational performance in order to be recognized as an occupational accident. In this case, the causal relation between work and accident of an employee should be proved by the party asserting it, and even if it is not necessarily necessary to prove it clearly in medical and natural science, the causal relation should be proved.