장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff received medical care benefits for occupational accidents that occurred on April 29, 2013, “(s) 201, 1strus, 1strus, livers, livers, 2-7, 2-7, 1strus, 1strus, 2ndrus, 1strus, and 1strus, 201, and 2ndrus, 1strus, 201,” and claimed disability benefits to the Defendant on January 6, 2014.
B. On January 16, 2014, the Defendant rendered a decision to pay disability benefits of KRW 9,222,060 to the Plaintiff on the ground that the Defendant “(s)” (hereinafter “instant disposition”) was 9,22,060 on the ground that the Plaintiff’s disability status is “(s) 12 chest - 3 square meters, i.e., non-approval, 1st century pressure rate 28%, and 28% [final calculation] the person who remains a modified disability in the middle-class class 16 of general class 12 class 16.
[Ground of recognition] Facts without dispute, Gap 2-4 evidence, Eul 9 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 29, 2013, the Plaintiff asserted that he/she suffered an occupational accident due to a traffic accident while moving for his/her own use to attend the company workshop.
The Plaintiff was approved as an approved injury and disease, and received metal machinery, scraping, and pelvising from the Yancheon Hospital on May 14, 2013 at the Mancheon Hospital on May 12, 2013
The plaintiff's vertebrate is determined and implemented by the doctor by the method of treatment in Section 1 of the first half of the approved injury and the treatment constitutes the doctor's right of treatment under the Medical Service Act.
Since there is a proximate causal relationship between the 1st century and spinal ebrate, spinal ebrate constitutes an occupational reason, and the post-payment is also an occupational accident.
In addition, the criteria for medical care benefits under Article 10 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act") are limited to the internal regulations of the administrative agency that can determine whether the subject of the medical care satisfies the criteria for medical care benefits, and it can not be a provision that can impose excessive treatment or restrict disability benefits.