요양급여부지급처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant’s disposition of refusal to grant medical care benefits to the Plaintiff on March 26, 2012 is revoked.
3.
Details of the disposition
From February 28, 2008, the Plaintiff: (a) had been engaged in the transportation and saveing of meat at C located in Gyeong-gun (hereinafter “instant place of business”) located in Gyeong-gun (hereinafter “instant place of business”).
On November 28, 2011, while the Plaintiff was suffering from and transported the right shoulder of the swine machine at the instant place of business, the Plaintiff was diagnosed by “hump escape certificate No. 5-6 at the Changwon Hospital on December 5, 201” (hereinafter “the instant injury and disease”), and was diagnosed by “hump signboards escape certificate No. 5-6 at the Mepty Hospital” on December 5, 201, and received a removal of cump signboards and an operation of cump ties prior to the drilling on December 8, 201.
On December 28, 2011, the Plaintiff filed an application for medical care benefits with the Defendant, but the Defendant did not approve on March 26, 2012 on the ground that “the instant injury or disease has no proximate causal relation with the Plaintiff’s work” following deliberation by the Busan Regional Committee for Determination of Occupational Diseases.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3-1 and 2, and the purport of the whole pleadings.
2. Since joining the instant workplace, the Plaintiff’s assertion: (a) caused severe brupting strings to the workplace; (b) transported strings to the workplace; and (c) 4 hours each by which the strings of the strings had a strong force at the workplace.
Since the plaintiff's above work had a significant burden on the plaintiff's scam, the disease of this case occurred due to the plaintiff's duty, or since the plaintiff's scambling disease becomes worse than the natural progress due to his duty, the disease of this case was caused to the injury of this case. Thus, the disposition of this case on different premise is unlawful.
3. Determination
A. Fact-finding 1) The Plaintiff: (a) from February 28, 2008 to November 28, 201 (the date of the instant injury and disease occurred) from February 28, 201; (b) on a weekly six-day work at the instant workplace for about three years and nine months; (c) on a weekly basis, the hours of service from 10:0 to 18:00; and (d) on an extended period of service, the Plaintiff did not work.
There was no separate break time, from 11:00 to 11.