beta
Text
The defendant's disposition to pay disability benefits to the plaintiff on November 20, 2014 is revoked.
The costs of lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. At around 09:00 on February 9, 2014, the Plaintiff: (a) was a worker belonging to the Grand Building Co., Ltd.; (b) received medical care approval from the Defendant on the ground that the Plaintiff was suffering from an accident of falling with the materials during the process of loading and selling the steel structure at the construction site of the Geumdong-gu B Model C-gu Busan (hereinafter “instant accident”); and (c) received medical care until October 31, 2014.
B. On November 13, 2014, the Plaintiff filed a claim with the Defendant for disability benefits for the disability under Section 1 of the left-hand cirs, but the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on November 20, 2014, on the ground that “The physical area is 65 degrees, which can be used as a disability grade 12, but it is confirmed that the disability grade was already determined as class 12, 10 of the left-hand cirs due to the existing disaster as of September 28, 201,” on the ground that the disability grade was not changed due to the instant accident.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 3 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In determining the disability of the Plaintiff’s assertion of the Plaintiff’s claim, since the cause of physical function disorder, such as mouth and gal damage, is expected to be clear and permanent obstacles, it should be determined by applying the exerciseable area by the fluoral movement. The Defendant applied the exerciseable area by the fluoral movement. Moreover, even though the scope of exerciseable scope by the Plaintiff’s left-hand interests falls under class 7 of class 8 because it falls under class 65, the Defendant did not change the disability grade on the ground that the exerciseable scope falls under class 10 of class 12 on the ground that it falls under class 65 degrees.
Therefore, this case.