최초요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 4, 1989, the Plaintiff is a worker who was employed in the assembly work division in the so-called "the factory of this case" (hereinafter referred to as "the factory of this case").
B. On April 28, 2016, while working at the factory in this case, the Plaintiff visited the hospital by causing a pain on the left-hand shoulder, and received the diagnosis of “contestine part-time marcule and a shoulder maritis”, and received the face-to-face-to-face hump hump hump hump hump and the left-hand hump removal, and on July 19, 2016, filed an application for the first medical care benefit with the Defendant on July 19, 2016 (hereinafter “each of the instant injury and disease”).
C. The Defendant confirmed the Plaintiff’s work bearing the burden on the left-hand shoulder in a part of the film medical data process, such as the Plaintiff’s sculfic photo. However, in light of the frequency and strength of the work, the degree of physical burden, exposure to attitude, etc., the Defendant issued a first approval disposition on September 12, 2016 on the ground that the occurrence of an existing individual disease is determined as and the proximate causal relation with the work of the instant upper branch is not recognized.
On January 16, 2017, the plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 of evidence Nos. 2-1, 2, 3, 4 of evidence Nos. 1 and 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the injury and disease of this case occurred by repeating the inside-house work on a vehicle toward the above and below the above for about 27 years since he entered the factory of this case. Thus, even if proximate causal relation is recognized between the plaintiff's work and the above injury and disease, the defendant's disposition of this case should be revoked illegally.
B. The diseases caused by occupational accidents under the Industrial Accident Compensation Insurance Act are during the performance of duties of workers.