Death Is Difficult To Identify During Vacation.

Case: Yang is an employee of the decoration service department. At 9 a.m. on the morning of July 2007, Yang felt ill and thought he was suffering from hypertension. He then asked the leader to ask for leave and go home for rest. Yang to Dongzhimen medicine After seeing the doctor, he returned to the dormitory. In the afternoon, Yang took a coach to return to his hometown in Hebei. Around 8:30 that evening, Yang went to the county hospital for treatment. No abnormalities were found after examination, so Yang was not hospitalized. The next day, Yang came to the county hospital again because of illness. He was diagnosed as cerebral infarction and transferred to hospital at 7:30 pm that night. He died after 9 hours and 5 minutes in July 5th. In August 8th, Yang's son put forward an application for industrial injury identification, and the labor and Social Security Bureau confirmed that Yang's death was not considered a "industrial injury" range, and he made a non industrial injury conclusion. Yang's son refused to accept this. He believed that Yang's death was in line with the fifth article (1) of the industrial injury insurance Ordinance. He should be identified as a work-related injury. Therefore, he requested the court to revoke the notice of the non injury related injuries concluded by the labor and Social Security Bureau in accordance with the law, and to conclude that Yang's death was caused by industrial injury.

Court adjudication
The court held that Industrial injury insurance Ordinance "Article fifth, paragraph 1 (1), specifies the application of the employee and is recognized as the same. Injury on-the-Job Three elements should be conformed at the same time: first, during the working hours; two, at work; three, sudden death or death within 48 hours. In this case, Yang was diagnosed with sudden cerebral infarction in July 4th. This fact did not happen in his working hours and work posts. Therefore, he did not meet the scope of industrial injury cognizance as "industrial injury". According to the three major elements that should be conformed to the "industrial injury", the court decided to maintain the labor injury Bureau's notice of non industrial injury.