장해등급재판정처분취소
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 February 17, 2010, the Plaintiff was diagnosed as “cerebral cerebral cerebral cerebral Organisms and negotiosiss (hereinafter “the instant injury”).
B. On June 30, 2012, the Plaintiff was determined as having terminated medical care for the instant injury, and on August 7, 2012, by the Defendant, subparagraph 5 of grade 2 of the disability grade (a person who needs to receive from time to time nursing due to a significant obstacle in the function or mental function of the relevant injury).
C. On October 15, 2014, the Plaintiff applied for adjudication of a disability grade to the Defendant pursuant to Article 59 of the Industrial Accident Compensation Insurance Act. On November 25, 2014, the Defendant rendered a disposition to re-determination of the Plaintiff’s disability grade as Class 5 Subparagraph 8 (a person who cannot have any obvious obstacle to the function or mental function of the nursing system remaining) (hereinafter “instant disposition”) on January 12, 2015, taking into account the results of the special diagnosis on the Plaintiff implemented at the Incheon Hospital of the Korea Workers’ Compensation and Welfare Service (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there is no dispute, entry of Gap evidence 1, 2, 5, 9, and the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The plaintiff's assertion becomes more worse than the time when the plaintiff was entitled to the disability grade No. 2 subparag. 5 of grade 2, and it is impossible for the plaintiff to independently perform his daily life without any opening.
Therefore, even though the current disability grade of the plaintiff falls under subparagraph 5 of class 2, the defendant's disposition of this case which has mistakenly judged the plaintiff's disability grade is unlawful.
B. (1) Medical opinion 1) The opinion of the Defendant’s advisory opinion is judged to be a person who is unable to do so, with a particular exception to an easy one) as a result of the special diagnosis of disability grade, and the left-hand cerebrovassis, the left-hand cerebrssis has difficulty in exercising the right, but the dialogue with others can be possible. The results of the performance test, a simple mental condition test, and a daily life-related test.