[Key words]:
Administration, performing the responsibility of paying work-related injury benefits, disputes, verifying work-related injury benefits, and legal functions and powers
[introduction of the lawyer in this case]
Hu Mingming, senior partner of Liaoning Tongfang law firm. He is good at handling legal affairs in many fields, such as construction projects, enterprise creditor's rights, debt liquidation, investment mergers and acquisitions, corporate governance, contract infringement, criminal defense, etc. He has many years of working experience in handling the company's legal affairs.
[judging points]:
This case belongs to an administrative dispute. First, the authority basis and punishment basis of the administrative organ shall be examined. The facts involved in this case are not clear and the evidence is insufficient. Shenyang Social Security Bureau has the statutory authority to verify and issue work-related injury insurance benefits. It can not provide sufficient evidence to prove its claim that "the employees of the plaintiff Jinrun company who died of work-related injury are insured after work-related injury", and should perform the responsibility of verifying and paying work-related injury insurance benefits according to law.
[basic facts]:
The plaintiff signed a labor contract with the employees of the unit. The date of signing the contract was March 17, 2015, and the date of signing the actual performance of the contract was March 24, 2015. On the afternoon of March 24, 2015, the employee had a sudden illness in the unit. At 14:15, the Shenyang emergency center received an emergency call. The employee died at 15:02 on the same day. After the death of the employee, the plaintiff paid full social insurance premiums (including endowment insurance, unemployment insurance, work-related injury insurance, etc.) and paid taxes to the tax authorities. Shenyang Social Security Bureau approved by the Development Zone Branch to handle the one-time payment of on-the-job non work death personal account. Subsequently, the plaintiff sent the lawyer's letter and the application materials for the examination and approval of employee death benefits to the defendant, but the defendant never accepted them.
[judgment result]:
The defendant Shenyang social endowment and industrial injury insurance administration shall, within 30 days after the judgment comes into effect, perform the responsibility of verifying and paying the industrial injury insurance benefits of the plaintiff Shenyang Jinrun automobile transportation Co., Ltd.
[reason for judging]:
The defendant is the social insurance agency of this city and has the legal authority to verify and issue the payment of industrial injury insurance benefits. As for the defendant's view that the plaintiff's registration of work-related injury insurance for its employees is after the occurrence of work-related injury accidents, and it belongs to the view that work-related injury insurance is first followed by insurance, the existing evidence cannot prove that the plaintiff's work-related injury insurance for its employees has occurred when it arrives at the defendant's office. Therefore, the defendant cannot infer this fact, and there should be relevant evidence to support his view. On the premise that there is no conclusive evidence to prove that the plaintiff has paid the industrial injury insurance premium according to law and provided relevant materials as required, the defendant should accept the plaintiff's application for industrial injury insurance benefits according to the provisions. His failure to accept the application is a failure to perform his duties.
[relevant provisions]:
Article 78 of the administrative procedure law of the people's Republic of China: "if the defendant fails to perform in accordance with the law, fails to perform as agreed, or illegally changes or rescinds the agreement specified in item 11, paragraph 1, Article 12 of this law, the people's court shall make a judgment that the defendant shall bear the responsibilities of continuing to perform, taking remedial measures, or compensating for losses."
[lawyer's opinion]:
This case is an atypical administrative dispute case. The common industrial injury insurance disputes are mostly between employees and employers. The particularity of this case lies in the fact that the employee died at work and the time node of the employer's handling of social insurance. The defendant, Shenyang Social Security Bureau, failed to provide evidence to prove that the employer claimed that the employer was "insured after the death of the worker", and the claim could not be inferred based on the existing evidence and common sense. Therefore, Shenyang social security bureau should perform the responsibility of compensation.
Administration, performing the responsibility of paying work-related injury benefits, disputes, verifying work-related injury benefits, and legal functions and powers
[introduction of the lawyer in this case]
Hu Mingming, senior partner of Liaoning Tongfang law firm. He is good at handling legal affairs in many fields, such as construction projects, enterprise creditor's rights, debt liquidation, investment mergers and acquisitions, corporate governance, contract infringement, criminal defense, etc. He has many years of working experience in handling the company's legal affairs.
[judging points]:
This case belongs to an administrative dispute. First, the authority basis and punishment basis of the administrative organ shall be examined. The facts involved in this case are not clear and the evidence is insufficient. Shenyang Social Security Bureau has the statutory authority to verify and issue work-related injury insurance benefits. It can not provide sufficient evidence to prove its claim that "the employees of the plaintiff Jinrun company who died of work-related injury are insured after work-related injury", and should perform the responsibility of verifying and paying work-related injury insurance benefits according to law.
[basic facts]:
The plaintiff signed a labor contract with the employees of the unit. The date of signing the contract was March 17, 2015, and the date of signing the actual performance of the contract was March 24, 2015. On the afternoon of March 24, 2015, the employee had a sudden illness in the unit. At 14:15, the Shenyang emergency center received an emergency call. The employee died at 15:02 on the same day. After the death of the employee, the plaintiff paid full social insurance premiums (including endowment insurance, unemployment insurance, work-related injury insurance, etc.) and paid taxes to the tax authorities. Shenyang Social Security Bureau approved by the Development Zone Branch to handle the one-time payment of on-the-job non work death personal account. Subsequently, the plaintiff sent the lawyer's letter and the application materials for the examination and approval of employee death benefits to the defendant, but the defendant never accepted them.
[judgment result]:
The defendant Shenyang social endowment and industrial injury insurance administration shall, within 30 days after the judgment comes into effect, perform the responsibility of verifying and paying the industrial injury insurance benefits of the plaintiff Shenyang Jinrun automobile transportation Co., Ltd.
[reason for judging]:
The defendant is the social insurance agency of this city and has the legal authority to verify and issue the payment of industrial injury insurance benefits. As for the defendant's view that the plaintiff's registration of work-related injury insurance for its employees is after the occurrence of work-related injury accidents, and it belongs to the view that work-related injury insurance is first followed by insurance, the existing evidence cannot prove that the plaintiff's work-related injury insurance for its employees has occurred when it arrives at the defendant's office. Therefore, the defendant cannot infer this fact, and there should be relevant evidence to support his view. On the premise that there is no conclusive evidence to prove that the plaintiff has paid the industrial injury insurance premium according to law and provided relevant materials as required, the defendant should accept the plaintiff's application for industrial injury insurance benefits according to the provisions. His failure to accept the application is a failure to perform his duties.
[relevant provisions]:
Article 78 of the administrative procedure law of the people's Republic of China: "if the defendant fails to perform in accordance with the law, fails to perform as agreed, or illegally changes or rescinds the agreement specified in item 11, paragraph 1, Article 12 of this law, the people's court shall make a judgment that the defendant shall bear the responsibilities of continuing to perform, taking remedial measures, or compensating for losses."
[lawyer's opinion]:
This case is an atypical administrative dispute case. The common industrial injury insurance disputes are mostly between employees and employers. The particularity of this case lies in the fact that the employee died at work and the time node of the employer's handling of social insurance. The defendant, Shenyang Social Security Bureau, failed to provide evidence to prove that the employer claimed that the employer was "insured after the death of the worker", and the claim could not be inferred based on the existing evidence and common sense. Therefore, Shenyang social security bureau should perform the responsibility of compensation.
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