Recently, After working overtime for many consecutive days, Xiao Hu, a 29-year-old in Jiangsu, suddenly felt dizzy and weak, and his blood pressure soared to 190, and he was diagnosed by the hospital as an acute ischemic cerebral infarction. At present, Xiao Hu's condition has stabilized and is in the process of recovery. The news also quickly rushed to the real-time hot search, so the question is, if you are unwell at work, and return home after work to die suddenly, is it still a work injury? Take a look at the following example.
According to an administrative judgment disclosed by the China Judgment Documents Network, Li Moumou was an employee of the xxxx society in Lijiang City (hereinafter referred to as the unit) and the former head of the department.
On May 17, 2017, Li Moumou went to work normally, and during the work process, many colleagues saw that Li Moumou was unwell, panicked, and everyone advised him to go home to rest, but he needed to prepare for work because he had to receive the laili inspection team from other provinces the next day, and he also took some heart-saving pills to insist on going home after work on the same day.
At about 3 o'clock on May 18, 2017, his family found that Li Moumou should not be called, immediately dialed the 120 emergency center, and after the medical staff rushed to the home to rescue ineffectively, he died at 4:03 on May 18, 2017, the cause of death: sudden death, respiratory and circulatory failure.
On May 26, 2017, the unit submitted an application for recognition of work injury, the Human Resources and Social Security Bureau made a decision not to recognize the work injury, and the municipal government made a decision to maintain the specific administrative acts made by the Human Resources and Social Security Bureau.
Dissatisfied, the family filed an administrative lawsuit with the Lijiang Gucheng District People's Court.
First-instance judgment: An ordinary person cannot be required to make a judgment in advance that the consequences of the disease may cause after the onset of illness can be so serious that it is related to his own life and death, and it should be regarded as a work injury
The Lijiang Gucheng District People's Court held that in terms of determining the facts, the main difference between the parties was the confirmation of the starting point of the sudden illness time, and the family and the unit believed that it should be the starting point of the sudden illness during the work period, that is, the afternoon of May 17, 2017, when Li X felt unwell, and the Human Resources and Social Security Bureau and the municipal government believed that it should be the starting point of the sudden illness when the medical staff of the 120 emergency center arrived at Li X's home.
The court of first instance held that there is a process of the occurrence and development of the disease, and it should not be too harsh on an ordinary person to make a judgment in advance that the consequences of the disease may cause after the onset of the disease can be so serious that it is related to their own life and death, and there are individual differences in people's ability to resist stress, and some people can persist after the onset of the disease, alleviate the treatment by taking their own medication, and give priority to emergency work affairs.
The Human Resources and Social Security Bureau held that Mr. Li did not have a medical record of sudden illness during working hours, while the defendant municipal government believed that the sudden illness was urgent and sudden, and the deceased Li X's illness to death spanned a certain period of time and did not belong to the death at work during working hours. As a non-professional medical person, Li Moumou may not be able to recognize that his illness will lead to the results of his death, and the above views of the two defendants are all excessively demanding on his cognition, and there is a one-sided understanding of the sudden and persistent consequences of diseases in life and work.
According to the facts of the case ascertained, Li X's physical discomfort occurred during working hours and at work, physical discomfort is the pre-existing symptom of the sudden illness, the aggravation of the disease is a continuous process, Li X's illness occurred during working hours and at work, his condition worsened within 48 hours, and he died after being rescued by the medical staff of the 120 Emergency Center, so it can be regarded as a work injury, which is in line with the first situation of the work injury as stipulated in Article 15 of the "Work Injury Insurance Regulations".
The Decision on Not Recognizing the Work Injury issued by the Human Resources and Social Security Bureau and the Administrative Reconsideration Decision made by the defendant municipal government are errors in the application of law and should be revoked, and the Human Resources and Social Security Bureau shall make a new specific administrative act.
In summary, the first-instance judgment revoked the "Decision on Not Recognizing Work Injuries" made by the Human Resources and Social Security Bureau and the "Administrative Reconsideration Decision" made by the Municipal Government, and ordered the Human Resources and Social Security Bureau to make a new specific administrative act.
The Human Resources and Social Security Bureau and the municipal government appealed to the Intermediate People's Court of Lijiang City, Yunnan Province, against the first-instance judgment, saying that the court of first instance had made a disorderly judgment and misunderstood both the facts and the law.
Second-instance judgment: The treated work injury is a limited extension of the scope of the work injury, but it is not appropriate to expand the situation that is already "treated as the same" indefinitely
The Lijiang Intermediate People's Court held that in terms of determining the facts, the main difference between the parties was the confirmation of the starting point of the sudden illness time, and the family and the unit believed that it should be the starting point of the sudden illness during the working period, that is, the afternoon of May 17, 2017, when Li X felt unwell, and the municipal government and the Human Resources and Social Security Bureau believed that it should be the starting point of the sudden illness when the medical staff of the 120 Emergency Center arrived at Li X's home.
According to Article 15 (1) of the Regulations on Work-related Injury Insurance, "if an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue is ineffective, it shall be regarded as a work-related injury", which stipulates two situations in which it is regarded as a work-related injury.
In fact, the real onset time of Li Moumou should be 3:00 a.m. on May 18, 2017, the emergency call received by the 120 emergency center was 3:09 a.m., the arrival time was 3:16 a.m., and the death time was 4:03 a.m. From onset to death in just 47 minutes. Sudden illness here includes various diseases, with a starting time of 48 hours and the time of initial diagnosis of a medical institution as the starting time of a sudden illness.
In this case, the 120 emergency center arrived at Li X's home, that is, the initial diagnosis time was 3:16 a.m. on May 18, 2017, which is also the time of Li X's sudden illness, but during this time, Li X was not working hours or at work, and the court of first instance had a process of the occurrence and development of the disease, and should not be too harsh on an ordinary person to make a judgment in advance that the consequences of the disease could be serious enough to affect his own life and death, and it was a mistake to determine the facts.
From the perspective of legislative purposes, Article 1 of the Regulations on Work-related Injury Insurance has been clearly stated in order to ensure that employees who have been injured by accidents or occupational diseases due to work reasons can receive medical treatment and economic compensation. If an employee suffers from a disease in his or her daily work, it is not a work accident or an occupational disease, and shall be guaranteed by medical insurance.
Article 15 of the Regulations on Work-related Injury Insurance technically treats three types of special situations as work-related injuries as a limited extension of the scope of work-related injuries, but it is not appropriate to expand the situations that are already "deemed the same" indefinitely. Accordingly, according to the actual situation and other supporting evidence that the Human Resources and Social Security Bureau had at that time, it was not inappropriate for Mr. Li not to be recognized as a work injury.
In summary, the second-instance judgment revoked the first-instance judgment and upheld the decision of the Human Resources and Social Security Bureau and the municipal government.
However, the family was not satisfied, and applied to the Yunnan Provincial High People's Court for a retrial, saying that a sudden illness during working hours, resulting in death in the early morning of May 18, 2017, should be regarded as a work injury according to law.
The High Court ruled that Li Moumou died of a sudden illness after returning home, which is not a situation of regard as a work injury
The Higher People's Court of Yunnan Province held that item (1) of the first paragraph of article 15 of the Regulations on Work-related Injury Insurance stipulates that if a worker dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue is ineffective, it shall be regarded as a work injury. This clause is mainly set for the situation of sudden illness during working hours and at work, inability to insist on work, and the need for emergency rescue. Li Moumou was unwell during working hours and work during the day, returned home from work to rest, and at 3 a.m. the next day, the family should not call, dialed the 120 emergency telephone, and died at 4:03 a.m. after rescue was ineffective. Mr. Li died of a sudden illness after returning home, which is not a situation in which the above provisions are regarded as work injuries.
The Human Resources and Social Security Bureau and the municipal government did not find that the work injury had a legal basis, and the court of second instance found that the facts were clear and that the application of the law was not improper. The retrial cannot be established.
In summary, the High Court ruled as follows: The retrial applicant's application for retrial was rejected.
Source: Daily Economic News
Editor: Zhang Heng
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