등급외장애등급판정처분취소
1. On April 19, 2013, the Defendant’s disposition of determining the grade of an external disability with respect to the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On May 4, 2011, the Plaintiff, while moving from the site of the drainage installation, was damaged by the right arms and water parts (hereinafter “the instant accident”), and the injury was fixed on January 31, 201, and the treatment was completed.
In light of the criteria for determining disability ratings (No. 5), the determination of disability ratings shall be based on the scope of passive tolerance movement, and it shall be consistent with objective opinions, such as video and medical examinations, which serve as the basis for the determination, and it does not include any loss of sense or pain. Considering the submitted X-ray, there is no objective opinion that may cause restriction on exercise of the right 1-5 balance and right knife, so it does not fall under disability ratings standards.
On March 13, 2013, the Plaintiff filed an application for registration of disabled persons with the Defendant. Upon the Defendant’s request for a close examination, the National Pension Service rendered a decision in excess of the grade for the following reasons, and on April 19, 2013, the Defendant notified the Plaintiff thereof (hereinafter “instant disposition”).
The content of the review and decision (proof No. 6) (friendly) above, after notification of the review and decision other than the rating of the disability grade, the objection is raised. According to the disability determination criteria, the level of the tolerance of the audience shall be determined on the basis of the dynamic interruption movement scope, and the degree of the tolerance shall be consistent with the objective examination result of X-Eray, such as X-Eray, and the opinion that the scope of the tolerance and the exercise scope of the audience shall not be included in the disability grade, and the pain shall not be included in the disability grade. As a result of a comprehensive review of the written additional opinion and the data submitted, it is written as a complex emulsion supporting the disability as a result of the diagnosis of the disability and the opinion, and in view of X-Eray and the water surface, treatment progress, etc., it is not recognized to have a passive cut movement restriction to the degree that the disability grade falls under the disability grade due to the main symptoms