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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2008, the Plaintiff was a worker B’s employee, who was working on the closed mixer at the site of the reclamation work of C, a company, while driving on the closed mixer on the part of C, and caused a fire to the end of the mixer in the process of extinguishing the fire, and caused the head to the maider (hereinafter “the instant accident”). As a result, the Plaintiff was under the medical care approval from the Defendant for the brain-dead mar, the mare base, and the mare base, and claimed for disability benefits. On August 23, 2008, the Plaintiff was determined as a disability grade No. 14 on August 28, 2008, and was paid lump-sum disability benefits from the Defendant.
B. On November 10, 2008, the Plaintiff filed an application for additional illness and additional medical care as to the adaptation disorder on the ground that the pertinent accident occurred, and received approval from the Defendant. On June 22, 2009, the Plaintiff filed an application for additional illness on the ground that the instant accident occurred, and obtained approval from the Defendant on August 28, 2009.
C. On August 31, 2009, the Plaintiff closed treatment for adaptation disorders, and on September 2, 2009, filed a claim for disability benefits on the ground that the Plaintiff had suffered disability such as adaptation disorder and expulsion, etc. due to the instant accident. On October 16, 2009, the Defendant rendered a disposition on the site for disability benefits that the Plaintiff could not additionally pay disability benefits to the Plaintiff on the ground that the Plaintiff’s adaptation disorder was assessed as trauma due to a disaster, and that the Plaintiff’s name does not fall under disability grade. Therefore, the Plaintiff’s disability status falls under class 14 (the remainder of a chronic disorder) of disability grade under [Attachment Table 6] of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act. However, since the Plaintiff had already received disability benefits of grade 14 with respect to the instant disability due to the instant accident, the Plaintiff already received disability benefits of grade 14.
The plaintiff on December 21, 2009.