beta
(영문) 대전지방법원 2015.03.27 2014구단583

산업재해요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 20, 2003, the Plaintiff was employed by B in C (hereinafter “instant workplace”), and on November 29, 2013, the Plaintiff filed a claim for medical care benefits with the Defendant on the ground that “The Defendant, while making preparations to work in the instant workplace on November 15, 2013, he/she had been on the part of C while serving in the workplace and taking care of C, he/she was on the part of C and was receiving treatment.”

B. On February 17, 2014, the Defendant rendered a disposition of non-approval of medical care benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Defendant: (a) confirmed the revolving of the revolving period on November 25, 2013; (b) determined that the chronic aggravation of nature, such as the decline and the regional change of nature, was not significantly impaired; (c) it cannot be deemed as a natural transitional aggravation that has been proceeding for a long time due to the opinion of chronic path rather than acute deterioration; and (d) the applicant’s disease cannot be deemed as a pro rata work to the extent that it may cause the injury in light of the ability to work for about 10 months and the content of the work, and thus, it is difficult to find a proximate causal relation with the work.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff did not have any more than a part of the field prior to entering the instant workplace. The Plaintiff worked as a large cargo article that had been employed in the instant workplace and carries a string, and the Plaintiff arrived at the site and fixed the string with a string.

Ged trees are 55 km and 120 cm each month, and at least 20 cm each month, both the Plaintiff and the Crest Articles are placed, or the Plaintiff, alone, moved 12-13 meters to one.

The plaintiff started to feel pain while moving scams, and came to the pain that could not be done by the plaintiff on November 15, 2013.

Since the burden of the plaintiff has been accumulated due to repeated use of shoulder, there is a proximate causal relationship between the details of the plaintiff's duties and the applicant's disease.

Therefore, the instant disposition is rendered.