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(영문) 대전고등법원 2014.10.02 2014누11050
장해등급결정처분취소
Text

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.

Reasons

1. Details of the disposition;

A. On May 18, 2006, the Plaintiff was faced with an accident that was cut off on a vehicle and crashed, and received treatment by the left-hand thrings, the left-hand strings, the left-hand sturgical sturgings, etc., and concluded treatment around November 30, 2009, and filed a claim for disability compensation benefits with the Defendant on December 23, 2010.

B. On January 21, 201, the Defendant determined on January 21, 201, the Plaintiff’s final disability grade as class 7 (the Plaintiff’s final disability grade 7 (the parts for the elbow joints and the elbow joints), 260 degrees for the elbow joints, and the parts for the elbow joints for the elbs joints and the parts for the el joints and the parts for the el joints and the parts for the elbs are as class 9 of the disability grade, and following the adjustment of the disability grade, the Defendant determined the Plaintiff’s final disability grade as class 7 (the part for the elbow joints and the part for the elbow joints)

C. On January 21, 2013, the Plaintiff applied for re-determination of a disability grade pursuant to Article 59(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) by stating the Defendant’s disability grade as the chief and field of supervision, and the previous disability grade as class 7.

On February 26, 2013, the Defendant rendered a re-determination to change the Plaintiff’s disability grade from Grade VII to Grade VIII (hereinafter “instant disposition”) on the ground that “The Plaintiff’s disability condition, such as the implementation of special medical examinations and advisory doctors to re-determine the Plaintiff’s disability grade, is confirmed, and as a result, the Plaintiff’s condition of the shoulder is not recognized as having improved the situation of the Plaintiff’s shoulder, and the Plaintiff’s disability grade is recognized only for the closure of the elbow joints and elbows,” and the payment of disability pension was suspended from March 2013.

E. The Plaintiff filed a request for review against the Defendant on July 31, 2013, but received a decision of dismissal on July 31, 2013, and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on December 11, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 5-1, 2, Eul evidence 6 and 7.

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