After 90, the sudden death of teachers while eating overtime was recognized as a work-related injury.
Legal Daily, Taiyuan, August 12th (Reporter Ma Chao Wang Zhitang) On August 9th, the front page of this newspaper reported that the post-90s teachers in Jishan County, Yuncheng City, Shanxi Province died suddenly while eating overtime, and the human and social departments decided that it was not a work-related injury for four times, and distributed comments. The report pointed out that the actions of the Jishan County People’s Social Security Bureau openly challenged judicial authority.
After the publication of the report, it caused widespread concern and discussion. "Sudden death during overtime meals is not a work-related injury" was posted on Sina Weibo hot search, with 160 million people paying attention and nearly 10,000 people participating in the discussion.
This afternoon, Zhang Weihong, director of the Jishan County People’s Social Security Bureau, Qiao Mu, deputy director, and Yang Mingyou, director of the county news center, came to Taiyuan to inform the Legal Daily reporter of the latest progress of this incident in the form of a briefing and accepted an interview with the Legal Daily reporter.
Revoke the original decision not to recognize
Identify the teacher’s death as a work-related injury
At the briefing, Zhang Weihong, director of the People’s Social Security Bureau of Daishan County, said that the Daishan County Party Committee and the county government attached great importance to the media’s reflection on the identification of teacher Duan Xiaokang’s sudden death during overtime dining, and immediately organized relevant departments and personnel to conduct further investigation and verification.
It is found out that during the winter vacation in January, 2017, the Central School of Jishan County transferred 10 comrades including Duan Xiaokang, Li Xinghua and Jing Jiandong to the Central School to work overtime. At about 12 o’clock on January 21, Sun Shukang of the central school informed the overtime teachers to have dinner at Tenglong saute spicy chicken at noon. At about 12: 10, overtime teachers arrived at the hotel for dinner. At about 12: 56, Duan Xiaokang suddenly covered his stomach and his face was painful during the meal. Jing Jiandong and Sun Shukang, who were dining together, immediately held Duan Xiaokang, and Li Xinghua called 120. Then the ambulance took Duan Xiaokang to Jishan County People’s Hospital for treatment. After being rescued, he died on the same day. The cause of death was sudden cardiac death.
At present, the Jishan County Party Committee and the county government have taken four measures:
The Jishan County Party Committee and the county government attached great importance to it, and instructed relevant leaders and social departments to organize relevant personnel to further verify the identification of Duan Xiaokang’s sudden death at work during overtime meals.
The Human Resources and Social Security Bureau of Jishan County invited relevant experts and lawyers to consult and discuss the case of Duan Xiaokang’s sudden death and work-related injury while eating overtime, and listened to their opinions and suggestions extensively. At the same time, the personnel were deployed to enrich the strength and further review and verify all the information on the case of Duan Xiaokang’s sudden death at work while eating overtime.
The Human Resources and Social Security Bureau of Jishan County has decided to cancel the decision (Jirenshe Industrial Injury [2019] No.0001) not to recognize the industrial injury according to the Regulations on Industrial Injury Insurance and with reference to the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Industrial Injury Insurance.
According to Articles 14 and 15 of the Regulations on Work-related Injury Insurance, referring to Article 5 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, and according to the Decision on Administrative Reconsideration of the People’s Government of Jishan County (Jizhengxing Decision [2017] No.2), Duan Xiaokang’s death due to illness while working overtime was recognized as a work-related injury on August 9, 2019.
Admit that the operation of sticking to the law is rigid
Emphasize that the court decision is not clear.
Regarding the public concern, the Jishan County People’s Social Security Bureau refused to recognize the work-related injury for Duan Xiaokang’s death four times before, but now it has re-recognized the work-related injury. Qiao Mu, deputy director of the Jishan County People’s Social Security Bureau, admitted that in the past, the human and social departments clung to Article 15 of the Regulations on Work-related Injury Insurance, and the operation was relatively rigid.
Qiao Mu said that this time, relevant experts and lawyers were re-organized for consultation, and personnel were transferred to review and verify the information in this case. Based on the people-centered concept, lessons were learned, and the scope of work-related injury identification was appropriately extended with reference to the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, and the original evidence was re-examined. Then, the study decided to identify Duan Xiaokang’s death as a work-related injury.
"The decision was made on August 9, 2019. On August 10, Ning Jianwen, head of the Industrial Injury Insurance Unit of the County People’s Social Security Bureau, delivered it to Duan Xiaokang’s father." Qiao Mu said that on August 10th, Director Zhang Weihong participated in the interview of new recruiters of institutions organized by the county, so he did not participate in the delivery.
Zhang Weihong told reporters that on August 9, the county government, the Education Bureau, the People’s Social Security Bureau and the township staff where the parties were located came to explain to the families of the parties and comforted them.
"The claim settlement work after the work-related injury identification was issued has started. According to the relevant regulations, the Industrial Injury Insurance Unit of the County People’s Social Security Bureau is responsible for making a determination, and the claims will be uniformly issued after the county people’s social security bureau applies to the Yuncheng People’s Social Security Department. The claim will be in place as soon as this month and next month at the latest. " Qiao Mu said.
Regarding the fact that the people’s social department of Jishan County still refused to recognize the work-related injury as illegal after three judgments by the court and an administrative reconsideration by the county government, Qiao Mu said: "We consulted some experts and lawyers in the city, and the judgment only said that the facts were unclear and the evidence was insufficient. The original recognition was revoked and it was required to be re-recognized. If the judgment clearly requires revocation and industrial injury identification, the human and social departments must implement it, otherwise it will be illegal. Therefore, the staff at that time thought that the judgment of the court was implemented and re-identified. "
When the reporter asked whether Lushan County reflected and rectified the violation of the Administrative Reconsideration Law by the Jishan County People’s Social Security Bureau pointed out in the court judgment and initiated accountability, Yang Mingyou, director of the Jishan County News Center, said that he would report to the main leaders of the county, and the relevant situation would be notified to the reporter as soon as possible.
Family members hope to settle this matter as soon as possible.
Experts believe that accountability is possible.
Duan Xiaokang’s family told the "Legal Daily" reporter that on August 9, the staff of the Jishan County Government, the Education Bureau, and the People’s Social Security Bureau did come to their homes to express their condolences. On the morning of August 10, Ning Jianwen, the head of the Work Injury Medical Insurance Unit of the People’s Social Security Bureau of Jishan County, sent the work injury identification decision to his home, and after the family members signed it, Ning Chief left.
After Director Ning left, the school where Duan Xiaokang worked before his death and the school under which he worked sent three people to the home of Duan Xiaokang’s family to appease him. "They said that if you have identified a work-related injury, don’t tell the media again and don’t bring inconvenience to yourself." Duan Xiaokang’s family told reporters.
After going to work this morning, Duan Xiaokang’s family went to Jishan County People’s Social Security Bureau to go through the formalities with Ning Jianwen, the chief of the industrial injury medical insurance unit, and found that the door of Ning’s office was locked. Subsequently, the family found Zhang Weihong, director of the Jishan County People’s Social Security Bureau. Zhang Weihong told his family that Chief Ning was ill and was away for two days.
Regarding the settlement of claims, Zhang Weihong told his family that the settlement of claims does not require the participation of family members. If necessary, he will call his family members, which will take about a week.
The reporter learned that Duan Xiaokang’s father is 59 years old and his mother is 57 years old. Both of them are farmers. Duan Xiaokang’s wife has remarried, and his 6-year-old son is now taken care of by Duan Xiaokang’s old parents.
"For more than two years, we old couple have been worried about this matter, and we have been constantly going to court to find out that every lawsuit has won, but our son’s work injury is not recognized. Now that we have recognized it, we don’t have any other requirements. I hope to get compensation and work expenses and mental damage compensation as soon as possible, and settle this matter as soon as possible. We still have to support our grandchildren. " Duan Xiaokang’s family told reporters.
An associate professor who has been engaged in administrative law research for many years in the Law School of Shanxi University of Finance and Economics pointed out in an interview with the reporter of Legal Daily that the people’s government of Jishan County believed in the administrative reconsideration decision that sudden illness death due to overtime working hours also belongs to the reasonable extension of "three jobs", and it was beneficial to safeguard the legitimate rights and interests of employees and their relatives to identify the situation as a work-related injury, and decided to cancel the decision of Jishan County People’s Social Security Bureau not to identify the work-related injury, and asked Jishan County People’s Social Security Bureau to re-identify whether Duan Xiaokang’s death was a work-related injury. However, the Jishan County Human Resources and Social Security Bureau subsequently made the same determination with the same facts and reasons, which really violated the Administrative Reconsideration Law.
"Although the Jishan County People’s Social Security Bureau has been re-recognized as a work-related injury and cited a new legal interpretation, it does not affect the previous court’s determination of the illegal activities of the Jishan County People’s Social Security Bureau." The associate professor believes that this illegal act can be held accountable.
The associate professor told the reporter that Article 37 of the Administrative Reconsideration Law clearly stipulates that if the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law, such as warning, demerit recording and gross demerit recording; Those who refuse to perform after being ordered to do so shall be given administrative sanctions of demotion, dismissal and expulsion according to law.