The child sends to the school before going to work, the child is received to classes are over after coming off work, often be a lot of parents commute one of indispensable link in the journey. But if the accident produced in road here, calculate after all do not calculate inductrial injury? Beautiful closed Hu Mou of female worker of city some factory to encounter this one situation, because inductrial injury is maintained,produce issue with its job unit. Beautiful closed court of city intermediate people to report this case to media today.
Hu Mou is beautiful shuts city the worker of some factory, her living ground and the factory distance that go to work are controlled 500 meters only. On April 6, 2017 in the morning 7 when make, hu Mou drives the factory is returned to go to work after electric car sends the child to go to school, in road with drive the Deng Mou of autocycle produces collision to get hurt. Classics policeman branch is maintained, hu Mou did not cause the behavior of the accident and fault, do not assume the responsibility of the accident, deng Mou assumes the full responsibility of the accident.
After accident happening, hu Mou because fracture hospitalization a month. After leaving hospital, hu Mou applies for inductrial injury to maintain to bureau of company of Zhen river person. On December 5, 2017, bureau of company of Zhen river person is made " inductrial injury holds decision book " , the accident harm of cognizance Hu Mou is inductrial injury. But the factory thinks, the spot that traffic accident produces is at the door some supermarket a section of a highway, blame of this a section of a highway commutes the reasonable line in road, the likelihood after Hu Mou sends a child to go to school goes buying dish to perhaps shop, should not maintain commute to be in in road, tell bureau of company of Zhen river person the court then, court of appeal fierce river adjudicates cancel " inductrial injury holds decision book " .
First instance of fierce river court thinks via cognizance, the qualitative card opinion that the evidence that submits according to bureau of company of Zhen river person, Hu Mou and factory verify occupy, can confirm Hu Mou is to sending a child to go to school traffic accident produces in returning factory way going to work. The time that traffic accident produces is in the morning 7 when 49 minutes, be apart from Hu Mou time going to work in the morning 8 when closer, the location space plant that combines accident happening is closer the fact that reachs Hu Mou to ride travel report motor-car, enough affirms Hu Mou is the fact that going getting hurt because of traffic accident in factory road going to work.
The place that the factory thinks the accident happens is not accorded with " the reasonable line that go to work " . Via checking solid, accident place is located in Hu Mou to send its child to go to school in returning the way that the unit goes to work, hu Mou's child regards of the right age as the student, its school is further receive by Hu Mou send fluctuation to learn to accord with constant manage.
The court thinks, existing evidence also shows the child often is received by Hu Mou send, reason receives the activity that sends a child to learn to belong to Hu Mou to be engaged in routine life place needing up and down, accord with " top people court is sure about trying inductrial injury administrative case the regulation of a certain number of problems " the 6th " to the society insurance service maintains following scenario to be ' commute in road ' , people court should grant to support: (3) the activity that is engaged in belonging to routine life place to need, and in reasonable time and reasonable line commute in road " sets condition, bureau of company of person of reason Zhen river maintains Hu Mou to because traffic accident gets hurt,be belonged to in supermarket doorway commute the fact in road, the court gives support. Bureau of company of Zhen river person makes " inductrial injury holds decision book " evidence is really sufficient, applicable law laws and regulations is accurate, nonexistent the part that violates legal order. Accordingly, the court adjudicates the suit that rejects a plant requests lawfully.
After first instance is adjudged, the factory refuses to obey court decision, mention appeal. Beautiful closes quadrangle classics to try, rule lawfully reject appeal, maintain original judgement. This case course of study already become effective.
Dream of Huang Jianting of Bo Yu of journalist of character of Guangzhou daily entire media's reporter, Ling Jiahua, week eatas surname
