휴업급여 일부 부지급 처분취소
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 July 22, 2016, while working at a construction site under Section B, the Plaintiff was diagnosed as “the injury and disease in the instant case” (hereinafter referred to as “the injury and disease in the instant case”) and was given medical care from July 22, 2016 to July 21, 2017 after obtaining approval for medical care from the Defendant.
B. The Plaintiff filed a claim for temporary layoff benefits with the Defendant on December 6, 2016, and the Defendant paid temporary layoff benefits only for the period of hospitalization of the Plaintiff (from July 25, 2016 to August 1, 2016) and the date of actual circulation (from August 8, 2016; August 17, 2016; October 12, 2016; November 12, 2016; and November 9, 2016; and November 14, 2016).
C. Since then, the Plaintiff again filed a claim for temporary layoff benefits with the Defendant from July 2, 2016 to December 31, 2016, and on February 1, 2019, the Defendant paid temporary layoff benefits only from July 22, 2016 to August 1, 2016, except for the period of hospitalization for temporary layoff benefits (from July 25, 2016 to August 1, 2016) and the period during which employment treatment is possible (from August 25, 2016 to December 31, 2016) to the Plaintiff, on the ground that “the Defendant’s advisory opinion is unable to provide employment treatment and the employment treatment is reasonable until December 31, 2016.”
(hereinafter referred to as the “instant disposition”), during the period in which the Plaintiff has filed a claim for temporary layoff benefits, shall be determined on a site for temporary layoff benefits for the remaining period.
The Plaintiff filed a petition for review against the Defendant on April 29, 2019, but the Defendant dismissed the petition for review on April 29, 2019, and the Plaintiff filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the petition for review on October 29, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 8, Eul evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is due to the injury and disease of this case.