휴업급여부지급처분취소
1. On February 16, 2015, the Defendant’s disposition of partial payment of temporary layoff benefits against the Plaintiff shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On March 1, 1984, while the Plaintiff was employed as a nurse at B Hospital on March 1, 1984, he was diagnosed with the “man-fluoral tymal tymosis and the blood malmosis decrease” (hereinafter “the instant injury and disease”). On August 27, 200, the Plaintiff received medical care approval from the Defendant for the instant injury and disease.
B. The Plaintiff filed a claim for temporary layoff benefits against the Defendant after January 1, 2015, and the Defendant rendered a disposition to not pay temporary layoff benefits (hereinafter “instant disposition”) on February 16, 2015 on the ground that “the Plaintiff is deemed to be able to receive employment treatment since December 31, 2014” (hereinafter “instant disposition”).
C. The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review with the Defendant, but was dismissed in entirety.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is currently suffering from considerable physical and mental pain, such as telegraphic sprinke, nearby land, area, Gutosp, fire extinguishing, and overall decline, which are the side effects of airblap, which are used for the treatment of the instant injury and disease, and due to such side effects, it is difficult to lead a normal life due to not only job-seeking but also practical difficulties in daily life.
Nevertheless, the instant disposition based on the premise that the Plaintiff is capable of being employed is unlawful.
B. Determination 1 of the Industrial Accident Compensation Insurance Act provides that temporary layoff benefits under Article 52 of the Industrial Accident Compensation Insurance Act provides that temporary layoff benefits shall be paid to a worker who suffers from an injury or a disease for a period during which he/she could not be employed as a medical care due to an occupational reason, and “period during which he/she could not be employed as a medical care due to an occupational injury” refers to a period during which the worker could not receive wages from the worker