장해연금지급거부처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 17, 2012, the Plaintiff’s spouse net B (hereinafter “the deceased”) suffered from the fall accident while working at the construction site, and received medical care until August 4, 2014, by suffering from the injury of “the pressure frame 1, emitting alley No. 5 of the도요, e.g., e., e., e., e., g., e., e., g., e., g., e., g., e., e., g., e., g., e., e., e.
B. On August 25, 2014, the Defendant determined the disability grade as Grade 6 (Class 7 on the left side, Grade 8-7 on the right side, Grade 9-7 on spine, Grade 17 on spine, and Grade 11 on the deceased).
C. The Deceased requested that the Defendant re-determination of the disability grade under Article 59 of the Industrial Accident Compensation Insurance Act, and the Defendant requested C Hospital to conduct a special medical examination of the Deceased, and the special medical examination was conducted from December 28, 2016 to December 30, 2016.
After January 17, 2017, the Defendant’s Integrated Examination Council held on January 17, 2017 determined to conduct an additional pre-examination on the deceased according to the review opinion that “it is necessary to grasp the degree of negoical damage, in a state with no well-known view on the lower part of the backhead of the river.” Accordingly, on January 31, 2017, the Jeonbuk University Hospital conducted a pre-North Korean University Hospital with respect to the deceased.
E. On February 20, 2017, the Deceased died due to suicide on February 15, 2017, before the second integrated review meeting scheduled to be held on February 20, 2017. The Defendant did not re-determine the deceased’s disability grade on the ground of the absence of the second integrated review meeting.
F. On December 10, 2018, the Plaintiff filed an application with the Defendant for payment of the difference in disability grade assessment and disability benefits by asserting that the procedure for the determination of the deceased’s disability grade was conducted to the extent that it would be possible to evaluate the determination, and that the Defendant is confirmed to have no means of debrisoning, and as having no connection with spinal damage, to the Plaintiff.”