One company woman worker encounters toward the road of toilet in value evening shift the gender is invaded, although the gender is invaded person because of encountering workingwoman does his utmost to revolt abortive, but workingwoman suffers from accordingly went up long-term and depressed disease. The company is workingwoman to apply for inductrial injury to manpower resource and social security branch, person company department thinks this does not calculate inductrial injury. Workingwoman to forensic to lodge a complaint. Experience first instance 2 careful, two class court thinks to form inductrial injury, cancel of department of requirement person company makes " do not grant to maintain inductrial injury to decide a book " . Recently, " legal daily " the reporter learned from court of people of division of lotus of Hunan Province the Changsha City the detail of this one case.
Zhang Mou ties some staff of industrial company, working station is distribution. Late on March 29, 2017, zhang Mou arranges the total computer room between distribution to be worth evening shift via industrial company. That evening 9 when make 40 minutes, zhang Mou is preparing to go when toilet through the corridor between distribution, encounter Li Mou (other case is handled) violent to its executive rape. Do his utmost to revolt struggles and cry for help aloud in Zhang Mou below, li Mou abandons and escape the spot.
After the accident, zhang Mou sees a doctor in much home hospital, the hospital is diagnosed stimulate relevant obstacle to answer. On May 10, 2017, industrial company refers the inductrial injury that kills about Zhang Mou gets hurt to maintain application to resource of manpower of the Changsha City and social security bureau. After the application that bureau of company of person of the Changsha City accepted industrial company on May 31, 2017, will make on June 15 at of the same age " do not grant to maintain inductrial injury to decide a book " , think Zhang Mou suffers other sex to invade in working hours, yard place, not be the violent harm that gets because of fulfilling working obligation, do not accord with " byelaw of inductrial injury insurance " relevant provision, the decision does not grant to maintain or be inspected with inductrial injury.
Zhang Mou refuses to obey, mention lawsuit of politics of start on a journey for the accused with bureau of company of person of the Changsha City. In lawsuit, center of appraisal of judicatory of Hunan Province lotus accepts a court to entrust, made on November 9, 2017 " book of judicatory appraisal opinion " , appraisal opinion is: "By appraiser of Zhang Mou diagnose to get used to an obstacle -- long-term depressed sex reaction. This ill happening and the enroach on event that produced on March 29, 2017 (by the rape, abortive) existence is causal " .
Court of people of division of lotus of the Changsha City entered a judgement on April 12, 2018: Cancel the Changsha City person company bureau made on June 15, 2017 " do not grant to maintain inductrial injury to decide a book " ; Bureau of company of person of the Changsha City is in after adjudicative become effective inside 60 days apply for to make inductrial injury hold a decision afresh to what industrial company suffers the inductrial injury of harm to maintain about Zhang Mou.
After first instance is adjudged, bureau of company of person of the Changsha City refuses to obey, mention appeal. Intermediate people court makes the the Changsha City after 2 careful final judgment ruling: Reject appeal, maintain original judgement.
After this, bureau of company of person of the Changsha City undertakes inductrial injury is maintained afresh, make " inductrial injury holds decision book " and service gives Zhang Mou, made clear inductrial injury grade of Zhang Mou, fulfilled pay of corresponding inductrial injury insurance according to setting Zhang Mou.
Judge view
This case has two controversy central issue: One of, zhang Mou suffers a gender to invade behavior harm to whether be accorded with " byelaw of inductrial injury insurance " the 14th (3) of the regulation " because fulfil working obligation " ; Secondly, whether does the mental harm that Zhang Mou suffers a gender to invade behavior place to arise belong to limits of inductrial injury insurance as a result.
Controversy focus one: Undertake inductrial injury is maintained, ought to consider double causal, between behavior of the harm outside fulfilling the wish such as working duty and force namely causal harm behavior and harm result, limits with the accident such as force between causal. In this case, zhang Mou suffers other force sex to invade during be on duty cause harm, its suffer the place of enroach on to belong to the reasonable territory that fulfils working obligation, can maintain be those who fulfil working obligation is reasonable and outspread, because this ought to understand to belong to " because fulfil working obligation,be harmed by the accident such as force " category. In the meantime, the time that Zhang Mou is on duty is night, the place that be on duty is room of the telephone exchange between distribution, company security measure does not reach the designated position, also invade for other sex offerred convenience condition. What executive sex approachs the place of behavior, target is random alternative, explain the individual kind and enmity between the person that because Zhang Mou and sex are invaded,this behavior is not is caused fitly, the element such as the time that random sex and this Zhang Mou fulfil obligation of job of value evening shift, place is inseparable, make random sex change is determinism, i.e. if the time that Zhang Mou invades behavior happening in experience case sex, place did not go to work, this sex invades harm to won't happen. On put together, ought to maintain Zhang Mou to be invaded sexual harm consequence and Zhang Mou to fulfill duty of job of value evening shift to have by the gender jural causal.
Controversy focus 2: Whether does the mental harm that suffers a gender to invade behavior place to arise about Zhang Mou attribute the problem of limits of inductrial injury insurance as a result. " byelaw of inductrial injury insurance " legislative purpose, depend on ensuring a worker to acquire medical treatment cure and economic compensatory right. The harm result that the worker is harmed generation by accident harm, violent sex harm or accident sex, may be limbs organ traumatic sex result, also may be result of mental harm sex. And " byelaw of inductrial injury insurance " traumatic sex harms the limbs organ that the harm kill limit that was not sure to ensure with respect to inductrial injury brings about for force, i.e. harms consequence without what eliminate mental sex. " inductrial injury of worker of labor ability appraisal and occupational disease cause incomplete order and degree " class divides in include mental headings in an account book. Additional, serious mental sex harm also needs treatment, also need medical expenses, nurse cost, also meet of sex of accessary generation material damage consequence. Because this ought to think to want to harm result and the force that its get to harm behavior only,have causal, accord with the element of cognizance inductrial injury namely, and do not damage spirit consequence eliminate to be besides limits of safeguard of inductrial injury insurance.
This case first instance and 2 careful judgment, abided by adequately " byelaw of inductrial injury insurance " about protecting worker the tenet mixes the legislation of legitimate rights and interests to tilt to laborer basic principle of protection. After adjudicating become effective, bureau of company of person of the Changsha City undertakes inductrial injury is maintained afresh, to Zhang Mou the spirit because of be being invaded to bring about by the gender damages consequence to make the decision of cognizance inductrial injury, depend on lawfully compasses give its treatment of due inductrial injury insurance, the estimation that reflected pair of case facts, esteem to judgment of people court become effective.
