When some company staff goes to work, Nanning faints, send a hospital rescue 11 hours, the family member is dealt with leave hospital second half hour this employee dies. When applying for inductrial injury, was not maintained. For this, account of household of the person that die accuses government of people of city of resource of Nanning city labor power and social security bureau, Nanning, on March 12, forensic first instance enters a judgement, of bureau of company of person of cancel Nanning city " do not grant to maintain inductrial injury to decide a book " .
" byelaw of inductrial injury insurance " clear, worker " in working hours and working station, sudden disease dies or be in 48 rescue is invalid in the hour of death " , inspect with inductrial injury. Look be like specific provision, why both sides is troubled by so that litigate?
Forensic judgment (part)
Incident
"Go to work the death after fainting " be not maintained to be inductrial injury
Ms. Lu is Nanning the worker of the some company workshop that pack. On March 14, 2018, she goes to work to the company, 19 when 10 minutes or so, be discovered to faint in the toilet of the workshop by the colleague, be sent toward hospital rescue subsequently. After two many hours, she by hospital make known to lower levels " sick into death advice note " .
Morrow 2 when 48 minutes, occurrence room of Ms. Lu heart quivers, the hospital undertakes heart lungs anabiosis instantly the refreshment that measure makes throbs independently, but still do not have own breath. 4 when 16 minutes, ms. Lu by hospital make known to lower levels " sick into death advice note " . The hospital informs an illness to patient family member, state rescue survival rate is low. The family member expresses to understand, after collective of classics family member is consultative, the requirement stops treatment and leave hospital.
On March 15, 2018 6 when the left and right sides, the family member was dealt with for Ms. Lu leave hospital formalities. According to saying, after leaving hospital half hours, ms. Lu died on the way home. That day, the remains of Ms. Lu is cremated.
Basis " byelaw of inductrial injury insurance " 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. For this, the company that Ms. Lu is in put forward inductrial injury to maintain application for her.
But resource of Nanning city labor power and social security bureau think, the circumstance of Ms. Lu is not accorded with " byelaw of inductrial injury insurance " formulary case, make the decision that does not grant to maintain inductrial injury then. The family member refuses to obey, carry politics of start on a journey to reconsider to government of Nanning city people. The inductrial injury that government of Nanning city people maintains person company bureau to make holds a decision, the home is belonged to is to forensic to lodge a complaint.
Branch
Do not grant to maintain inductrial injury fact to be clear that evidence is sufficient
The family member of Ms. Lu expresses, ms. Lu is during the hospital illness danger is serious by make known to lower levels " sick into death advice note " , the family member still asks to continue to grab cure cure. Later, doctor again make known to lower levels " sick into death advice note " , inform continue to grab lifesaving to put probability low. They are to be in " wind a day faint, extremely helpless " below the circumstance, application is dealt with leave hospital of formalities. Ms. Lu is after the last rescue, be in already actually " the head dies " condition, continue to treat already was no use to lift. These circumstances, accord with " classics rescue is invalid the death inside 48 hours " case, ought to maintain for inductrial injury.
Bureau of company of Nanning city person thinks, " byelaw of inductrial injury insurance " in the regulation " 48 classics rescue is invalid in the hour die " , the requirement must be to be in rescue condition all the time. The family member does in lady giving Lu leave hospital when formalities, doctor doctor's advice is " the proposal continues hospitalization " . Here the circumstance falls, the family member still asks to stop treatment and leave hospital, make Ms. Lu breaks away from rescue condition.
Next, "48 death disables via rescue in the hour " , it is to point to 48 classics rescue is invalid in the hour appeared the heart stops jumpy, own breath to disappear, blood pressure is the dead case of 0. When Ms. Lu leaves hospital, did not achieve place of this one condition to state position. Also do not have in the material of the hospital " the head dies " relevant diagnose.
In addition, basis " byelaw of insurance of inductrial injury of executive < of Guangxi Zhuang Autonomous Region > method " , this kind of rescue that the circumstance should refer medical establishment records Ms. Lu to prove with death. This makes clear administrative domain is maintained in inductrial injury, the cognizance of dead time the death that ought to issue with medical establishment diagnoses a proof to be accurate. The inductrial injury of Ms. Lu applies for, fail to submit sufficient and significant evidence.
When be based on above, bureau of company of Nanning city person thinks, they make " do not grant to maintain inductrial injury to decide a book " fact clear, evidence sufficient, process is legal, applicable code is right.
Court
Adjudicative cancel " do not grant to maintain inductrial injury to decide "
Nanning railroad carries a court to think, ms. Lu is sent toward the hospital to undertake rescue after working hours, workplace breaks out a disease, doctor for many times make the rounds of the wards, rescue and discrepancy courtyard record and disease proof, show Ms. Lu does not have own breath during courtyard rescue, support lung ventilator assists breath, and pupil already came loose to be secured greatly, illness danger is serious, rescue lives probability is low. Classics for many times rescue, ms. Lu does not have the evidence of take a turn to be out of danger, the illness worsens continuously. The family member considers this locality custom, combinative doctor explains to the analysis of patient patient's condition, the decision abandons cure.
View of bureau of company of Nanning city person Ms. Lu is a family member after comply with doctor's advice abandons rescue, did not die, do not make the point of view of inductrial injury, lack fact and legal foundation. After Nanning municipal government receives the administration of accuser to reconsider application, those who maintained bureau of company of Nanning city person do not grant to hold inductrial injury decision, attribute cognizance fact mistake. For this, the court made first instance adjudicate on March 12, 2019: Of bureau of company of person of cancel Nanning city " do not grant to maintain inductrial injury to decide a book " ; Of government of people of cancel Nanning city " administration reconsiders decision book " ; Whether is bureau of company of person of city of Nanning of order sb to do sth within a certain time inductrial injury to make specific administration action afresh to the death of Ms. Lu.
On March 18, client of austral morning paper carries a reporter to be in solution to arrive from the attorney of Ms. Lu family member, family member of short duration did not receive the information that whether bureau of company of Nanning city person appeals.
Controversy
"Abandon rescue " hind whether be maintained to be inductrial injury
Inside formulary rescue time, "Abandon rescue " whether be maintained to be inductrial injury?
The viewpoint thinks, in actual life, stem from human relations morality, seldom meet occurrence family member abandon remedial state intentionally. Besides, partial a rural area has existence family member to die in the custom that the Caikean in the home ceases truly. For this, when hope of survival of on-the-job labour rescue is uncertain, abandon cure should getting understanding.
Nevertheless, also the personage inside course of study thinks, the positive value that life counterpoises has preferential sex. In the value order that is in what constitution decides, relatively at other way beneficial (especially the interest of belongings sex) , the person's life or human dignity have apparent taller rank. Life should be not abandoned easily, because this meeting is brought about " reasonable abandon " abuse, produce undesirable consequence.
Wen Jinlai of court of intermediate people of city of state of Jiangxi province another name for Jiangxi Province, Jiang Qiao is born in write publicly civil when discussing this issue, express, arrive to avoid to will break out a disease to expand without limit inside inductrial injury limits, " byelaw of inductrial injury insurance " made " 48 hours " restricted regulation. They think, if be in " 48 hours " in course hospital rescue, the worker that diagnoses affirmatory sudden disease does not have the likelihood that continues to survive really, choose " euthanasia " or abandon rescue dying, should OK maintain for inductrial injury; Should not maintain conversely. "Whether to have the possibility that continues to survive " , should be with the diagnostic proof of the hospital accurate. This principle also applies to the circumstance that does not wish to abandon rescue.
Although Ms. Lu family member wins out in case first instance here, but also should see in the case from now on, about the branch cognizance inductrial injury provides data of program, rated condition, regulation from time to tome. Laborer should learn relevant knowledge, add up to compasses ground to had collected relevant data legally, lest affect inductrial injury,maintain.
[news is outspread]
In our country practice with " heart lungs dies " to approve a standard
In lawsuit, ms. Lu family member mentions danger of Ms. Lu illness to weigh, classics for many times rescue still did not improve, appear " the head dies " condition. Accordingly, they think " the head dies " Ms. Lu already belonged to death, should maintain the status that dies to disable via rescue inside 48 hours. Bureau of company of Nanning city person thinks, "Heart lungs dies " just calculate death.
Client of austral morning paper carries a reporter to understand, just calculate to how " death " , there also is more discussion in the domain such as medical bound, law group. Current, medical bound has many viewpoints to think to use " the head dies " will decide death more essence of life is accurate, because " the head dies " (basically be cerebral doing) once die to cannot restore, and the heart still can continue to beat for some time below the help of lung ventilator. 2009, former Ministry of Public Health was made " cerebral death decides standard (adult) (edit draft) " , point out " the head dies " it is to include what the full brain function that the head does inside loses to cannot go against the condition that turn. Its diagnose flow the requirement is strict, also have very high demand to making diagnosed public health worker.
2018 the whole nation " two meetings " during, delegate of countrywide National People's Congress, Jiangsu saves Chen Jingyu of assistant dean of hospital of people of the city that do not have stannum, put forward to accelerate again " the head dies " legislative proposal. He thinks, be opposite on medicine now " the head dies " diagnostic standard is very specific. "The head dies " patient brain cannot have anabiosised, continue rescue meets aggravating sick other people belong to a burden, also waste limited medical treatment natural resources.
Client of austral morning paper carries a reporter to consult data, understand to public figure of group of court, legal medical expert, to individual death, terminal decision proves to be with the death of the hospital accurate. A large number of countries that include our country inside are on practice still of tradition of main continue to use " heart lungs dies " method, "The head dies " not was in jural obtain approve the standard that is death. The viewpoint thinks, maintain " the head dies " what require a condition tall, once appear miscarriage of justice, or by have ulterior motives person use, will bring serious and undesirable consequence. Make medical personnel likely also endless utmost is active rescue, fail to meet each other with the tenet of heal the wounded and rescue the dying.
Be on duty Yang Meirong of editor ｜ Europe
