[Key words]: failure to recognize is deemed to be a labor death dispute
[introduction of the lawyer in this case]:
Liu Yang, partner of Liaoning Tongfang law firm. Based on providing perennial legal advisory services for enterprises and institutions, he has strong communication and coordination ability and social activity ability.
[judging points]:
Article 15, paragraph 1, item 1 of the regulations on industrial injury insurance stipulates that the death of sudden illness within 48 hours after rescue shall be deemed as industrial injury during working hours and at work. When Kong Qingtao was on duty on March 29, 2019, he was sent to Tai'an County Hospital of traditional Chinese medicine by his colleagues with headache and discomfort, and died after rescue. The situation complies with the above-mentioned legal provisions and should be deemed as work-related death.
[basic facts]:
At 9:20 on March 29, 2015, Bai Ying's husband Kong Qingtao was on duty in the disaster relief material reserve. Due to headache and discomfort, he was sent to Tai'an County Hospital of traditional Chinese medicine for treatment. At 13:25 on the same day, he died after rescue.
On April 7, 2015, the Civil Affairs Bureau of Tai'an County, where Kong Qingtao works, applied to Anshan Human Resources and Social Security Bureau for recognition of work-related death. On September 11, 2015, Anshan Human Resources and social security bureau made a decision not to recognize as work-related death on the ground that Kong Qingtao's illness was not in his working time and position.
Bai Ying disagreed with the above decision and filed an administrative lawsuit with the people's Court of Haicheng City, the court of first instance, requesting the court to rescind the decision of not recognizing the work death as an Ren she Bu Zi (2015) No. S001 and
Anshan Human Resources and Social Security Bureau shall be ordered to make a new determination on work injury. The court of first instance rejected Bai Ying's claim on the basis that the evidence provided by all parties could not prove that Kong Qingtao was suffering from sudden illness during working hours and at his post, which did not comply with Article 15 (1) of the regulations on industrial injury insurance.
Bai Ying disagreed with the judgment of the court of first instance and appealed to the Anshan intermediate people's Court of second instance. The court of second instance rejected the appeal and upheld the original judgment on the grounds that the evidence of the decision of not recognizing the death of the same worker made by Anshan Human Resources and social security Bureau was sufficient, the applicable law was correct and the procedure was legal.
Bai Ying refused to accept the judgment of the court of second instance and filed a retrial with the retrial court, Liaoning Provincial Higher People's court.
[judgment result]:
1、 Cancel the administrative judgment (2016) Liao 03 Xing Zhong No. 213 of Anshan intermediate people's court and the administrative judgment (2015) Hai Xing Chu Zi No. 00233 of Haicheng people's court;
2、 Rescind the decision of the human resources and Social Security Bureau of Anshan City not to recognize as work-related death (acrsbz (2015) No. S001);
3、 Anshan Human Resources and Social Security Bureau shall be ordered to make a new determination of work injury within 60 days.
[reason for judging]:
The respondent Anshan Human Resources and Social Security Bureau, on the ground that Kong Qingtao went to the hospital in the morning and thought that his illness was before he arrived at the disaster relief material reserve and was not on duty during working hours and at his post, made the decision not to recognize as work-related death without factual and legal basis, which was also a one-sided understanding of item 1, paragraph 1, Article 15 of the regulations on work injury insurance. Therefore, the first instance did not support the retrial applicant's request to cancel the decision not to recognize the death of the worker, and the second instance decision was upheld. The main evidence was insufficient and the application of the law was wrong.
Relevant provisions:
Article 15 of the regulations on industrial injury insurance
[lawyer's opinion]:
This case has gone through the procedures of first instance, second instance and retrial. It took three years from the filing of the first instance to the pronouncement of the retrial administrative judgment. Based on the attitude of being responsible for the client and the awe of the law, the lawyers handling the case fully safeguarded the legal rights and interests of the parties through the retrial procedure when both the first instance and the second instance rejected the claims.
Lawyer Liu Yang
November 5, 2019
[introduction of the lawyer in this case]:
Liu Yang, partner of Liaoning Tongfang law firm. Based on providing perennial legal advisory services for enterprises and institutions, he has strong communication and coordination ability and social activity ability.
[judging points]:
Article 15, paragraph 1, item 1 of the regulations on industrial injury insurance stipulates that the death of sudden illness within 48 hours after rescue shall be deemed as industrial injury during working hours and at work. When Kong Qingtao was on duty on March 29, 2019, he was sent to Tai'an County Hospital of traditional Chinese medicine by his colleagues with headache and discomfort, and died after rescue. The situation complies with the above-mentioned legal provisions and should be deemed as work-related death.
[basic facts]:
At 9:20 on March 29, 2015, Bai Ying's husband Kong Qingtao was on duty in the disaster relief material reserve. Due to headache and discomfort, he was sent to Tai'an County Hospital of traditional Chinese medicine for treatment. At 13:25 on the same day, he died after rescue.
On April 7, 2015, the Civil Affairs Bureau of Tai'an County, where Kong Qingtao works, applied to Anshan Human Resources and Social Security Bureau for recognition of work-related death. On September 11, 2015, Anshan Human Resources and social security bureau made a decision not to recognize as work-related death on the ground that Kong Qingtao's illness was not in his working time and position.
Bai Ying disagreed with the above decision and filed an administrative lawsuit with the people's Court of Haicheng City, the court of first instance, requesting the court to rescind the decision of not recognizing the work death as an Ren she Bu Zi (2015) No. S001 and
Anshan Human Resources and Social Security Bureau shall be ordered to make a new determination on work injury. The court of first instance rejected Bai Ying's claim on the basis that the evidence provided by all parties could not prove that Kong Qingtao was suffering from sudden illness during working hours and at his post, which did not comply with Article 15 (1) of the regulations on industrial injury insurance.
Bai Ying disagreed with the judgment of the court of first instance and appealed to the Anshan intermediate people's Court of second instance. The court of second instance rejected the appeal and upheld the original judgment on the grounds that the evidence of the decision of not recognizing the death of the same worker made by Anshan Human Resources and social security Bureau was sufficient, the applicable law was correct and the procedure was legal.
Bai Ying refused to accept the judgment of the court of second instance and filed a retrial with the retrial court, Liaoning Provincial Higher People's court.
[judgment result]:
1、 Cancel the administrative judgment (2016) Liao 03 Xing Zhong No. 213 of Anshan intermediate people's court and the administrative judgment (2015) Hai Xing Chu Zi No. 00233 of Haicheng people's court;
2、 Rescind the decision of the human resources and Social Security Bureau of Anshan City not to recognize as work-related death (acrsbz (2015) No. S001);
3、 Anshan Human Resources and Social Security Bureau shall be ordered to make a new determination of work injury within 60 days.
[reason for judging]:
The respondent Anshan Human Resources and Social Security Bureau, on the ground that Kong Qingtao went to the hospital in the morning and thought that his illness was before he arrived at the disaster relief material reserve and was not on duty during working hours and at his post, made the decision not to recognize as work-related death without factual and legal basis, which was also a one-sided understanding of item 1, paragraph 1, Article 15 of the regulations on work injury insurance. Therefore, the first instance did not support the retrial applicant's request to cancel the decision not to recognize the death of the worker, and the second instance decision was upheld. The main evidence was insufficient and the application of the law was wrong.
Relevant provisions:
Article 15 of the regulations on industrial injury insurance
[lawyer's opinion]:
This case has gone through the procedures of first instance, second instance and retrial. It took three years from the filing of the first instance to the pronouncement of the retrial administrative judgment. Based on the attitude of being responsible for the client and the awe of the law, the lawyers handling the case fully safeguarded the legal rights and interests of the parties through the retrial procedure when both the first instance and the second instance rejected the claims.
Lawyer Liu Yang
November 5, 2019
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