Time going to work encounters the body uncomfortable
Swollen do
Should ask for leave?
Should go to a hospital?
Small make up take you to see the story below
Solid Wu case
Zhang Yi must be Shijiazhuang of Beijing railroad bureau before one's death labour Wu paragraph worker, on April 27, 2014, the body when because of be in the unit is on duty is unwell, 18:30 the left and right sides asks for leave after coming home, ate to stop feeling pain medicine is better, rest with respect to go to bed, zhang Yi gets wife after Sun Xiaomei makes nice dinner, must have been asleep to was not waked up because of Zhang Yi he has a meal and go to a hospital checking.
Morrow morning was controlled at 6 o'clock, sun Xiaomei finishs after breakfast, disclosure Zhang Yi must have not gotten up, young canvass looks to did not react, dial emergency treatment center rapidly 120 phones, controlled 6:40, car of 120 emergency treatment arrives, after cure protects personnel to check, inform Zhang Yi to must have died.
On May 29, 2014, sun Xiaomei gets dead belong to the same organization with respect to Zhang Yi, to the province hall of manpower social security mentions inductrial injury maintains application. After hall of province manpower social security is accepted, do not grant to maintain inductrial injury to decide a book at was being made on August 8, 2014, and service gives Sun Xiaomei.
Sun Xiaomei refuses to obey, to Heibei government office of the civil administration that save a person applies for administration to reconsider. Heibei saves people government to reconsider a decision at making administration on November 24, 2014, maintained what hall of province manpower social security makes not to grant to maintain inductrial injury to decide a book.
Sun Xiaomei refuses to obey, to Shijiazhuang city intermediate people court mentions lawsuit of politics of start on a journey, this decision book instructs request cancel to be maintained afresh.
Court of first instance: Zhang Yi must is not in working hours and working station sudden disease is sent medical establishment to disable via 48 hours of rescue death, cannot maintain inductrial injury
Court of first instance thinks, basis " byelaw of inductrial injury insurance " the 15th (one) set: ? Have a nightmare of bully Quan ぷ goes straight towards what death disables via rescue in hour of?8 of Hui of Yang of Wo of fatigue of ∷ of arm of ⒓ of annulus of of bluff of Xuan of Gou of creek protruding ぷ " , this set maintain inspect two kinds of condition that are the same as inductrial injury.
Zhang Yi gets this case is to be in working hours and working station body are unwell, did not break out a disease to die in working hours and working station, also was not sent medical establishment to disable via 48 hours of rescue in sudden disease of working hours and working station death. Zhang Yi must be in working hours and working station body are unwell ask for leave come home rest, be died by discovery after, although its from the body unwell ask for leave in returning the home, rest to be died to be in 48 hours by discovery to its in, but do not accord with " byelaw of inductrial injury insurance " the 15th (one) one of formulary case.
Hall of province manpower social security makes reason do not grant to maintain inductrial injury to decide cognizance fact is clear, applicable law laws and regulations is correct, the process is legal, should grant to maintain lawfully, litigant request of Sun Xiaomei and reason cannot hold water. Court of first instance entered a judgement on Feburary 27, 2015, maintain what hall of province manpower social security makes not to grant to hold inductrial injury decision.
Sun Xiaomei refuses to obey, to Heibei province senior people court mentions appeal.
2 careful court: If go to a hospital,rescue disables the 48 death inside the hour are inductrial injury, but die after the home rests, this kind of circumstance cannot be maintained for inductrial injury
2 careful 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. This clause basically is to be aimed at a worker to be on station of working hours work, sudden disease dies, perhaps break out disease, illness to high heavy, cannot hold to the job, need is urgent of to the case that the hospital has rescue set, come on among them, rescue, death is the uninterrupted process with in succession whole add, come on with have between rescue, rescue and death close together contact with logic orderly early or late.
In this case, zhang Yi feels the body is unwell on be in working hours and working station, after asking for leave, come home rest, morrow morning is died by discovery. Afore-mentioned case are not belonged to on station of working hours work sudden disease dies, also do not belong to on station of working hours work sudden disease sends rescue of ancient Chinese medical classics invalid death directly.
Because this piece of ala gets dead case to be not accorded with " byelaw of inductrial injury insurance " the 15th the first (one) regulation, save what hall of manpower social security makes not to grant to maintain inductrial injury to decide manage is occupied sufficient, should grant to support. Reason court decision rejects appeal, maintain first instance to adjudicate.
Application rehear: The disease happens in working hours and working station, although die in the home, but with the job during, the disease is broken out on working station existence is successional and causal, how cannot maintain for inductrial injury?
Sun Xiaomei applies for rehear to the supreme court, rehear reason is as follows:
One, 2 adjudgement hold main fact definitely not clear. The sudden disease that Zhang Yi gets happens in working hours and working station, its illness aggravation is brought about during death was working on April 27, 2014 with its, the disease is broken out on working station existence is successional and causal.
One, 2 careful court to " byelaw of inductrial injury insurance " the 15th the first understanding has by accident, the premise of applicable law is wrong, the conclusion that reach is inevitable and wrong.
The supreme court: Die after come home, do not belong to inspect the suitable scope that is the same as inductrial injury, cannot maintain for inductrial injury
The supreme court thinks via cognizance, this case controversy focus is whether this case is accorded with " byelaw of inductrial injury insurance " the 15th the first (one) of the regulation inspect with inductrial injury case.
" 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, be in working hours and working station feel Zhang Yi 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, social security hall makes province manpower do not grant to maintain inductrial injury to decide to have at the law according to.
One, cognizance fact of 2 careful court is clear, applicable law laws and regulations is not had undeserved. The company of service of look forward to that puts forward to save what hall of manpower social security makes not to grant to maintain inductrial injury to decide to allot with its as to rehear applicant does [problem of conflicting of 2006]137 date file, this file saves inductrial injury case to analyse conference summary for Heibei only, do not have general sanction, reason should apply for rehear reason this academy not to grant to support.
On put together, review application of Sun Xiaomei is not accorded with " procedural law of administration of People's Republic of China " the case of the 91st regulation, according to " procedural law of administration of People's Republic of China " the 101st, " code of civil law of People's Republic of China " the 204th the first regulation, the ruling is as follows: Reject the rehear of rehear applicant Sun Xiaomei to apply for.
Record date: (2017) top magic art goes explain 3687 (party is alias)
Warmth reminds
Be sure to keep in mind please after working hours go to the bad
Go to a hospital! Go to a hospital! Go to a hospital!
Must not come home!
