요양급여불승인처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On March 5, 2012, the Plaintiff was employed as a simple labor worker in a local community-based business that was implemented by the Posib B community service center (hereinafter “resident center”) on March 5, 2012, and worked for that year.
6.8. The results of the TRI conducted by the C Hospital on August 1, 2007, which was diagnosed as “protruding signboards escape certificates and mheatability” (hereinafter “the instant injury and disease”), and was implemented on the 13th day of the relevant month on the 13th day after it was diagnosed as “protruding signboards escape certificates and mheatability” (hereinafter “the instant injury and disease”).
B. On June 12, 2012, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that the instant injury and disease constituted occupational accidents.
C. On August 9, 2012, the Defendant issued a disposition not to grant medical care benefits (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant superior branch and the Plaintiff’s business, following the decision of the Daegu Occupational Disease Determination Committee (hereinafter “Determination Committee”).
Around that time, the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, which was dismissed on October 11, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. During the period of simple labor service at the community service center, the plaintiff's assertion that there was a proximate causal relation between the plaintiff's duties and the instant shopping branch, since the plaintiff's duty and the instant shopping branch are likely to be increased due to repeated work that repeats a large of approximately 20 to 30km of weight, including garbage, trees, cigarette butts, waste vinyl, glass bottles, and soil, etc., to the road on which a vehicle is carrying in ricar.
Therefore, the defendant's disposition of this case on a different premise is unlawful.
나. 인정사실 ⑴ 원고의 업무내용 및 근무상황 등 ㈎ 원고는 2012. 3. 5. 주민센터가 시행한...