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    The Law Allows The Families Of The Deceased To See The Hope Of Safeguarding Their Rights For Their Husbands.

    2015/5/26 23:30:00 55

    LawRights ProtectionLabor Relations

    In May 22nd, Li Xianrong, Dong Dian Township, Suixian, Shangqiu, finally felt a consolation. Her sweat was not in vain, and the law helped her uphold justice.

    Injury on-the-Job

    At last there was hope.

    Before the Song Yuan Zhou was a farm electrician from Suixian power supply company, it regulated the power consumption of two villages in Dong Dian Xiang Lu Wan and Dafu Zhuang.

    At 9 a.m. on May 19, 2014, Chen Man, the electrician, wanted to tell his director, Liu Xuyan, that the telecommunication company had erected optical fiber on the poles of Dafu Zhuang and Chen Lou. Liu Xuyan arranged for Chen man to dismantle the song and Yuan Zhou.

    Sudden work in song and Yuan Dynasties

    disease

    Died after rescue.

    Li Xianrong applied to the human resources and Social Security Bureau of Shangqiu for industrial injury identification on the basis of the death of the disease in the song and Yuan Dynasties.

    In May 26th, the Municipal Bureau of social and social affairs decided to accept it. On May 20, 2014 and 28, it investigated Liu Xuyan, director of Suixian power supply company's subordinate unit Dong Dian Power Supply Bureau. In June 19th, he investigated Chen Yuan Zhou's colleague Chen man. He thought that Li Xianrong had provided false materials when he applied for work-related injuries, and could not prove that Song Yuanzhou had suddenly died of illness in his work. He failed to recognize the work injury in the Shang Dynasty in July 2, 2014 (2014) 703.

    Li Xianrong refused to accept the application for administrative reconsideration to the Shangqiu Municipal People's government.

    The Shangqiu Municipal People's government made a commercial decision in October 31, 2014 (2014) 50.

    Administrative reconsideration decision

    "To maintain the" decision not to identify industrial injury ".

    Li Xianrong still refused to accept the case and then filed an administrative lawsuit.

    In February 6, 2015, the people's Court of Suiyang District of the first instance court made (2014) the administrative judgment No. 00102 of the initial letter of the Shang Sui line. It decided to withdraw the decision not to identify the work-related injury, and ordered the Municipal Bureau of social and human resources to make a specific administrative act within 60 days.

    The city's Bureau refused to accept the appeal.

    In March 5, 2015, when the intermediate people's Court of Shangqiu City accepted the case, it formed a collegial panel in accordance with the law and held a public hearing in March 17, 2015.

    In the second instance, the parties did not submit new evidence.

    The second instance affirms the same trial by analyzing facts and evidence.

    The case is now terminated.

    The administrative judgment of the intermediate people's Court of Shangqiu (2015) No. twenty-first, the last word of the commercial bank, stated that the court held that the appellant, Shangqiu Municipal Bureau of social security, as the municipal labor security administrative department, has the statutory duty of determining whether the employees of the enterprises in their jurisdiction are injured or not.

    After the death of the Suixian power supply limited liability company in song and Yuan Dynasties, Li Xianrong, a close relative, could apply for an industrial injury confirmation.

    Article fifteenth of the regulations on work-related injury insurance stipulates: "workers under one of the following circumstances shall be regarded as work-related injuries: (1) death of a sudden illness or death within 48 hours during work hours and jobs."

    In this case, the appellant submitted to Jin Shouyong, the Secretary of the village branch of Donglu Township, the village of Fu Zhuang village of Dongdian Township, to pay the testimony of Ru De and Lin Peng of the Suixian telecom company. The witnesses also testified at the first instance to prove that the dead song and yuan did work in the morning of May 19th.

    Although the application materials for work-related injuries provided by the third power supply companies in the first instance were inconsistent with their statements in the court trial, the appellant Shangqiu City Bureau of social and social affairs only identified the song and Yuan Zhou according to the witnesses' testimony, surveillance video and telephone records, which was not considered as a form of industrial injury.

    The court of first instance's decision is correct and should be maintained.

    The appellant's request for revocation of the first instance judgment and the change of judgment in accordance with the law shall not be valid.

    In accordance with the provisions of item 1 (sixty-first) of the administrative procedure law of the People's Republic of China, the judgment dismissed the appeal and upheld the original judgment.


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