최초요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On August 15, 2006, the Plaintiff entered the Global Telecom environment to perform the duty of collecting food waste. On July 16, 2012, the Plaintiff retired from the office on July 16, 2012. On September 28, 2012, the Plaintiff asserted that the Defendant was diagnosed as “mae and the left-hand side of the left-hand side knee” (hereinafter “instant injury”) due to occupational accidents, and filed an application for medical care benefits with the Defendant.
B. On December 13, 2012, the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on the grounds that it is difficult to view the degree of causing the instant injury or disease in light of the business content, and that the causal relationship with the instant injury or disease is not recognized. The Plaintiff filed a petition for reexamination against it, but was dismissed by the Industrial Accident Compensation Insurance Reexamination Committee on April 26, 2013.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including a paper number; hereinafter the same shall apply), Eul evidence 1 and 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff performed a physical burden that could cause the outbreak of a nearby duc disease by repeating the work of cutting narrow alley at least 10 hours a day with a five ton truck with a education engine, and collecting and cutting heavy food waste at least 10 hours a day, and thus, the instant disease is deemed to have been caused by cumulative work burden during the pertinent period or aggravated the existing disease beyond nature.
B. (1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a occupational accident, the accident is caused by the occupational accident, and there is a proximate causal relation between the work and the accident. In this case, the causal relation between the worker's accident and the work should be proved by the claimant.
The existence of causation is common.