" byelaw of inductrial injury insurance " the 14th, stipulated cognizance inductrial injury perhaps inspects the specific requirement that is the same as inductrial injury the 15th times, at the same time the 14th ministry one's duty allows this byelaw and the 16th also is made clear appear " oneself are main the traffic accident of responsibility " , " drunk wine or drug taking " and " perhaps commit suicide from incomplete " when waiting for special status, although the worker accords with inductrial injury to perhaps inspect the condition that is the same as inductrial injury, but also cannot maintain perhaps inspect for inductrial injury with inductrial injury. " regulation " the first main purpose depends on making clear " byelaw of inductrial injury insurance " the 14th, the cognizance problem of the 16th special status that is the same as inductrial injury about maintaining inductrial injury to perhaps be not inspected. A content of main and clear the following:
1. does not maintain inductrial injury to perhaps do not inspect those who be the same as inductrial injury because of special status, must provide the evidence that special status exists. In cognizance case of some inductrial injury, because do not have those who power gear is issued " him blame is main the traffic accident of responsibility " , " drunk wine " , " commit suicide " the cognizance opinion that waits for special status, social insurance service often in order to do not have relevant cognizance opinion, cannot judge whether to attribute specific situation for, long cognizance program of break down inductrial injury perhaps is not maintained for inductrial injury. We think, eliminate inductrial injury because of be being put in special status to maintain, of social insurance department do not grant to maintain inductrial injury to decide to must exist with can proving the evidence of special status is a basis, if do not have relevant evidence, and the worker suffers harm to accord with maintain the other condition that is inductrial injury, ought to maintain for inductrial injury, for the legal copy clerk that cannot have authority orgnaization in order to do not have protracted maintain or do not grant to maintain.
Whether does 2. special status exist, the legal copy clerk such as the become effective referee that in principle ought to hold opinion of sex of book, conclusion and people court with having the accident responsibility of authority orgnaization is judgement basis. Whether does special status exist, involve specific branch the professional analysis of special perhaps orgnaization and authoritative judgement, wait like traffic accident responsibility, suicide, drunk wine, professional authoritative orgnaization is judged or occupy the fact that holds after strict examine and verify via proceeding verify, belong to the accepted evidential material that proves power is higher. Of course, also do not eliminate afore-mentioned legal copy clerk to appear wrong likelihood, a processing way that also stipulated occurrence photograph counterevidence is occupied at the same time.
When 3. did not have the legal copy clerk of authority orgnaization or courtyard of person civil code, social insurance service can combine relevant evidence to make a fact maintain, but, involve " intended crime " factual cognizance, the copy clerk of become effective law that must investigate mechanism, procuratorial work mechanism and adjudgement mechanism with criminal and conclusion sex opinion are a basis, social insurance service has no right to maintain. Basically consider, although the cognizance of special status has stronger professional technology characteristic, but in party copy clerk of unavailable relevant law or when content of legal copy clerk is ambiguous, social insurance service is based on the need that fulfils the legal obligation that inductrial injury maintains, basis " byelaw of inductrial injury insurance " the 19th regulation, exercise investigates nuclear real power to be maintained clearly what make of to whether existing special status, people court ought to give lawfully examine and verify.
