장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. At around 16:30 on July 27, 2012, the Plaintiff was a worker under B’s control and was under a occupational accident that saw on the mechanical saw while playing the mechanical saw work at the construction site of the mechanical saw D 2nd floor in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. As a result, the Plaintiff provided medical care at the Gangnam Central Hospital from Gangnam-gu to November 26, 2012, with the Defendant’s medical care approval for the “the first balance of the 1st century, the heart and pelle loss of the left part, the first balance of the left part, the damage to the left part, and the left part-hand salt.”
B. On November 30, 2012, the Plaintiff issued a disposition to determine the Plaintiff’s disability grade No. 14 subparag. 10 (hereinafter “instant disposition”) on the ground that the Plaintiff’s claim for disability benefit for the part 1 balance on the left-hand side was defective, and on January 8, 2013, the Defendant rendered a disposition to the Plaintiff on the ground that “the exerciseable area of the first balance on the left-hand side falls short of the disability grade standards or recognizes the simple winter of the first balance on the left-hand side” (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 4-1 to 4, Gap evidence 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s claim is that the exercise range of the Plaintiff’s right to claim is 10 degrees or 40 degrees, so the disability grade No. 10 remains due to the restriction of not less than 1/2 of the normal exerciseable area.
However, since the defendant is clear in the cause of the plaintiff's physical disability, it should be determined by applying the physical activity area by the fluoral movement in accordance with the compensation business management regulations, so the scope of the physical activity is 50 and the disability grade was determined by applying the physical activity area by the fluoral movement.
B. (1) Medical opinion 1) The dynamic movement range (AMA-based measurement method) of the Plaintiff’s main body’s disability diagnosis letter is about 10 degrees, 0 degrees, and 10 degrees, and 2) the Defendant’s advisory opinion.