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 July 5, 2012, the Plaintiff filed a medical care benefit application with the Defendant on July 5, 2012, stating that “Around 15:00 on May 3, 2011, while working as an ambulance driver at the B Hospital, she satisfed with the right shoulder, and satisfed with a severe pain on arms, and was subjected to physical therapy and drug treatment after the sports competition was completed, but satisfed with pain, and received surgery after the MRI shooting.” However, on August 28, 2012, the Defendant filed a medical care benefit application with the Defendant for the instant injury and disease. However, on the part of the Defendant’s advisory opinion, the Defendant issued a medical care benefit application to the Plaintiff on August 28, 2012, hereinafter “instant disposition”).
B. B. The Plaintiff dissatisfied with the instant disposition and filed a request for examination and reexamination. However, on December 20, 2012, the Defendant decided to dismiss the Plaintiff’s request for examination, and the Industrial Accident Compensation Insurance Reexamination Committee rendered a ruling to dismiss the Plaintiff’s request for reexamination on May 3, 2013. [In the absence of dispute over the grounds for recognition, Gap’s 1, 2, and Eul’s 1, 1, 2, and 4, and the purport of the entire pleadings.]
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was unlawful in the instant disposition that acknowledged the medical care of the injury and disease of the instant case caused by the instant accident, on May 7, 2011, inasmuch as the Plaintiff, while going to a bridge game conducted at a sports competition conducted by B Hospital around 15:00, was fright shouldered with sound putting on the right shoulder, and caused severe pain in arms (hereinafter “the instant accident”).
B. The occupational accident under Article 5 subparagraph 1 of 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 in question is caused by the occupational reason, and there is a proximate causal relation between the occupational accident and the accident.