휴업급여일부부지급처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. While working as an employee of the Plaintiff Company B, the Plaintiff was diagnosed of “cerebral cerebral cerebral cerebral typhism and the right-hand brain mal typhism (hereinafter “the instant injury”) due to an occupational accident that occurred on October 19, 2018 (hereinafter “the instant accident”), and obtained medical treatment approval from the Defendant for the instant injury.
B. On May 23, 2019, the Plaintiff filed a claim for temporary layoff benefits (from February 26, 2019 to May 23, 2019) against the Defendant on the ground of the medical care of the instant injury or disease.
On May 24, 2019, the Defendant decided to pay temporary layoff benefits only on April 22, 2019, and on April 29, 2019, to not pay temporary layoff benefits for the remainder of the period of temporary layoff benefits, on the grounds that it is possible for the Plaintiff to receive employment treatment for the pertinent period.
(hereinafter referred to as “decision on the site payment of temporary layoff benefits for the remainder of the period excluding two days actually receiving the treatment during the period of a request for temporary layoff benefits from February 26, 2019 to May 23, 2019” (hereinafter referred to as “instant disposition”).
The Plaintiff filed a request for examination against the Defendant on August 5, 2019. However, the Defendant observed the Plaintiff’s two MaI’s minor cerebralop, and the Plaintiff’s present condition is sufficient to escape bicycles. In light of the ordinary recovery period and stability of the injury and disease of this case, the above request period is considered not to be physical constraints to the extent that it is impossible to find a job. In light of the results of deliberation by the Industrial Accident Compensation Insurance Review Committee, the Plaintiff’s request period was determined to dismiss the Plaintiff’s request for examination according to the determination by the Industrial
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the cerebrovascular disease of this case requires treatment for more than two years even if there is no symptoms, and the risk of recurrence is considerable disease.
The injury or disease of this case is the injury or disease of this case.