[go to work come on hospital rescue goes again after answering a dormitory to rest invalid death cannot be inspected with inductrial injury! ]
Jiang Tieshan ties staff of company of Hunan cuddle fireworks and firecrackers. Late on June 8, 2014, jiang Tieshan feels in overwork process the head is unwell, late 9 when make an end work overtime return a dormitory to rest.
Morrow before dawn 1 when make, because Jiang Tieshan has a headache to be sent to hospital of people of the city that face Hunan, classics rescue is invalid die. Dead reason fastens cardiovascular disease to cause death.
Resource of labor power of company Xiang Yueyang city and application of social security bureau maintain Jiang Tieshan to die for labour, person company bureau thinks Jiang Tieshan is not working hours to be not workplace to break out disease classics rescue invalid death, do not accord with inductrial injury to maintain a condition, make do not grant to maintain inductrial injury to decide a book.
Wife king plum of Jiang Tieshan refuses to obey, appeal to to the court.
Court of first instance: Jiang Tieshan is not go up at working station to death in working hours, also be not come on on station of working hours work classics rescue is invalid death, do not accord with the condition that inductrial injury maintains
First trial court decision thinks, iron hill is not ginger to die on working station in working hours, also be not come on on station of working hours work classics rescue is invalid death, do not accord with the condition that inductrial injury maintains. Accordingly the court decision rejects Wang Mei to ask resource of labor power of in relief city of cancel high mountain and social security bureau make the lawsuit that does not grant to maintain inductrial injury to decide a book request.
Wang Mei appeals: When Jiang Tieshan works overtime, already felt the body is unwell, come home after resting, become serious, send hospital classics rescue invalid death, ought to maintain for inductrial injury
King plum appeal puts forward, late on June 8, 2014 8 when hill of Xu Jiang iron already felt when work overtime the body is unwell, come home serious symptom appears after resting, send hospital classics rescue to disable at morrow before dawn 1 when make death, its death case is accorded with " byelaw of inductrial injury insurance " of the 15th regulation " the worker is mixed in working hours working station, sudden disease perhaps is in 48 via rescue invalid death is inspected in the hour with inductrial injury " condition, should maintain for inductrial injury. Statute of original judgement comfortable use is wrong, request cancel original judgement, adjudicate afresh.
2 careful court: When working overtime although already felt the head is unwell, but did not send toward hospital rescue instantly at that time, cannot maintain for inductrial injury
2 careful court thinks, although this case has evidence to prove Jiang Tieshan already felt namely when work overtime the head is unwell, but did not send toward hospital rescue instantly at that time, and the head when cannot deciding Jiang Tieshan works overtime is unwell show its already broke out a disease namely, resource of labor power of in relief city of reason high mountain and social security bureau think dead case does not accord with Jiang Tieshan " byelaw of inductrial injury insurance " of the 15th regulation should grant to maintain the status that is inductrial injury, make do not grant to inductrial injury is maintained and be not had undeserved. Accordingly, according to " procedural law of administration of People's Republic of China " the 89th the first (one) regulation, the court decision is as follows: Reject appeal, maintain original judgement.
Wang Mei still refuses to obey, to Hunan tall courtyard applies for rehear.
Tall courtyard rules: Working station breaks out a disease to did not send a hospital rescue directly, answer a dormitory to rest the death after evacuation hospital rescue is invalid, dissatisfaction is sufficient " inspect with inductrial injury " important document
Hunan tall courtyard thinks via examining: In this case, the Jiang Tieshan that Wang Mei maintains to first trial was late on June 8, 2014 in overwork process ministry of feeling in the end is unwell, late 9 when make an end work overtime return a dormitory to rest. Morrow before dawn 1 when make, because Jiang Tieshan has a headache to be sent to hospital of people of the city that face Hunan, via rescue the fact of invalid death is not denied, actual whether is the dead case that is pair of Jiang Tieshan only formed " inspect with inductrial injury " existence demur.
Inductrial injury is sure to belong to social security category, in reflect humanitarian consideration while need to consider a society to bear ability and social fairness. "Inspect with inductrial injury " it is exceptional case, " byelaw of inductrial injury insurance " the 15th the first (one) " in working hours and working station, sudden disease dies or be in 48 death disables via rescue in the hour, inspect with inductrial injury " , it is to be aimed at in working hours working station breaks out a disease, cannot hold to the job, need undertakes cure instantly and design. Reason " inspect with inductrial injury " must satisfy working hours, job at the same time post, sudden disease and die or send hospital rescue to disable to die inside 48 hours directly.
Although Jiang Tieshan is fastened in station of working hours, work to feel unwell oneself, but did not send a hospital rescue directly, is to answer a dormitory to rest evacuation hospital rescue is after hospital rescue is invalid death, this case is not contented " inspect with inductrial injury " important document, bureau of city person company makes do not grant to maintain inductrial injury to decide and do not have undeserved.
On put together, former one, 2 careful cognizance fact is clear, applicable law, code is accurate, rule the process is legal, should grant to maintain lawfully. Review application of Wang Mei is not accorded with " procedural law of administration of People's Republic of China " the case of the 91st regulation. According to " top people court about procedural law of administration of applicable < People's Republic of China > explain " the 116th the 2nd regulation, the ruling is as follows: Reject Wang Mei's rehear to apply for.
Record date: (2016) Hunan 06 eventually 30 (party ties assumed name)[small make up comment on]
" byelaw of inductrial injury insurance " the 15th (one) regulation, in working hours and working station, sudden disease dies or be in 48 death disables via rescue in the hour, treat inductrial injury.
"Sudden disease " what defect to include? Labor and social security ministry " about carrying out < byelaw of inductrial injury insurance > the opinion of a certain number of problems " (2004 〕 of 〔 of letter of service company department 256) the 3rd regulation, " byelaw " the 15th regulation, worker " in working hours and working station, sudden disease dies or be in 48 death disables via rescue in the hour " , inspect with inductrial injury. Here " sudden disease " include of all kinds illness. That is to say, do not want disease of related of job of sue for peace.
About " 48 hours " a problem calculating a dot. Labor and social security ministry " about carrying out < byelaw of inductrial injury insurance > the opinion of a certain number of problems " (2004 〕 of 〔 of letter of service company department 256) the 3rd regulation, "48 hours " case calculate time, with medical establishment the first time diagnostic time makes those who be sudden disease rise calculate time.
Look from the regulation of labor department, in working hours and working station, sudden disease dies on the spot, maintain be inductrial injury and do not have controversy. But did not die on the spot, be can should send toward hospital cure directly or you send a hospital rescue again after the home rests? Controversy exists to this in solid Wu.
The court in this case thinks " in working hours and working station, sudden disease dies or be in 48 death disables via rescue in the hour, inspect with inductrial injury " , it is to be aimed at in working hours working station breaks out a disease, cannot hold to the job, need undertakes cure instantly and design. If did not send a hospital rescue directly, is to answer a dormitory to rest evacuation hospital rescue is after hospital rescue is invalid death, this case is not contented " inspect with inductrial injury " important document.
Top people court (2017) top magic art goes explain 3687 administration also hold same point of view in ruling book.
The supreme court thinks, "" byelaw of inductrial injury insurance " the 15th the first (one) regulation, the worker is mixed in working hours working station, sudden disease dies or be in 48 death disables via rescue in the hour, inspect with inductrial injury. Afore-mentioned clauses basically are to be aimed at the disease is broken out on station of working hours, work, cannot hold to the job, need is urgent of to the case that the hospital has rescue set. If hospital cure arrives again after coming home or break out illness death, do not belong to the suitable scope of this one regulation. In this case, zhang Haisheng feels in working hours and working station the body is unwell, ask for leave the lie in bed after coming home rests, be disabled to die by rescue of family discovery, classics to morrow. Although this misfortune consequence is worth to sympathize with, but do not belong to " byelaw of inductrial injury insurance " on of the regulation inspect with inductrial injury case. But do not belong to " byelaw of inductrial injury insurance " on of the regulation inspect with inductrial injury case..
[warmth reminds: After working station breaks out a disease, be sure to keep in mind please, go to a hospital! Go to a hospital! Go to a hospital! Must not answer a dormitory! Must not come home! ]
