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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
가. 원고는 2016. 6. 6.부터 현대비에스앤씨 주식회사(이하 ‘소외 회사’라 한다)가 시공하는 ‘현대 썬앤빌’ 아파트 신축공사 현장에 일용직 근로자로 고용되어 위 아파트 세대 내 청소와 폐자재 등을 담은 마대자루의 운반 업무를 수행해 왔다.
B. On June 13, 2016, the Plaintiff: (a) went to the hospital by using Huuri No. 09:44 (hereinafter “instant accident”); (b) thereafter, (c) was diagnosed as “Iskin salt, 5th and 1,00 (hereinafter “the instant injury”); and (d) applied for medical care benefits to the Defendant.
C. On September 13, 2016, the Defendant rendered a disposition of non-approval for medical care on the ground that the instant injury and disease was naturally aggravated, and thus, there is no proximate causal relation with the Defendant’s work.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence 5, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was conducted in the course of cleaning at the Non-Party Company to transport brue materials containing building waste materials, etc., on June 13, 2016, and was diagnosed as the instant injury and disease as a result of the Plaintiff’s visit to the hospital at around 09:00, and the hospital was diagnosed.
However, it was very difficult to cover building waste materials, etc., and the Plaintiff continued to bear the burden of transporting the said Magluos for eight hours a day while carrying the said Magluos for eight hours a day, and there was a severe pain on the date of the instant accident, while taking the Maglu on the day of the instant accident.
Therefore, since the injury or disease of this case is caused by the deceased's work or rapidly aggravated above the natural progress speed, a proximate causal relation with the work should be recognized.
B. 1) On June 6, 2016, the Plaintiff is a daily worker at the apartment construction site of the non-party company.