|
|
|
No.3 of Four Model Cases Involving Administrative Dispute over Work-Related Insurance Published by the Supreme People's Court: He Peixiang v. Labor and Social Security Bureau of Xinyi City, Jiangsu Province (an administrative case involving determination of a work-related injury)
|
|
最高人民法院发布的四起工伤保险行政纠纷典型案例之三：何培祥诉江苏省新沂市劳动和社会保障局工伤认定行政案
|
|
|
|
No.3 of Four Model Cases Involving Administrative Dispute over Work-Related Insurance Published by the Supreme People's Court: He Peixiang v. Labor and Social Security Bureau of Xinyi City, Jiangsu Province (an administrative case involving determination of a work-related injury)
(an administrative case involving determination of a work-related injury)
最高人民法院发布的四起工伤保险行政纠纷典型案例之三：何培祥诉江苏省新沂市劳动和社会保障局工伤认定行政案
|
|
|
|
|
|
|
| No.3 of Four Model Cases Involving Administrative Dispute over Work-Related Insurance Published by the Supreme People's Court: He Peixiang v. Labor and Social Security Bureau of Xinyi City, Jiangsu Province (an administrative case involving determination of a work-related injury) | | 最高人民法院发布的四起工伤保险行政纠纷典型案例之三：何培祥诉江苏省新沂市劳动和社会保障局工伤认定行政案 |
| —Determination of an injury “on the way to or from work” | | ——关于“上下班途中”的认定 |
| 1. Basic Facts | | （一）基本案情 |
Plaintiff He Peixiang was a former teacher of the Shijian Elementary School of Beigou Town. On the morning of December 22, 2006, the plaintiff was arranged by Shijian Primary School to attend lectures at the Chengxi Elementary School of Xinyi City, and she had a meal in downtown Xinyi at noon. As there was no direct bus from Shijian Elementary School or the plaintiff's residence to Chengxi Elementary School, the plaintiff commuted by riding a motorcycle and a bus and taking a walk in combination. Around 15:40 p.m., when Xing Hanmin, He Jiqiang, and Zhou Enyu, et al. of Shijian Elementary School were driving through the cement road at Dachenzhuang, Shijian Village, they found that He Peixiang fell from his motorcycle on the side of the cement road about 200 to 300 meters from Shijian Elementary School, and then they rushed to drive him to a hospital for emergency treatment. On December 27, the plaintiff's employer filed an application for the determination of his injury as a work-related injury with the defendant, the Labor and Social Security Bureau of Xinyi City, Jiangsu Province, but it then withdrew the application for certain reasons. On June 2007, plaintiff directly applied to the defendant for determination of his injury in this accident as a work-related injury. Upon two determinations of a work-related injury, two reconsiderations and two litigations, the defendant issued a Decision on Determination of an Employee's Work-Related Injury on December 26, 2009, which determined that: the injury of He Peixiang in a motor vehicle accident was suffered along the reasonable route to and from work but beyond the reasonable time for going to work and getting off work and should not be deemed as the way to and from work. Plaintiff applied to the People's Government of Xinyi City for reconsideration against the decision, and the reconsideration authority issued a reconsideration decision to affirm the decision on determination of a work-related injury issued by the defendant. Thereafter, the plaintiff instituted a lawsuit to the court, requesting the court to seta side the decision on determination of a work-related injury issued by the defendant.
．．．．．． | | 原告何培祥系原北沟镇石涧小学教师，2006年12月22日上午，原告被石涧小学安排到新沂城西小学听课，中午在新沂市区就餐。因石涧小学及原告居住地到城西小学无直达公交车，原告采取骑摩托车、坐公交车、步行相结合方式往返。下午15时40分左右，石涧小学邢汉民、何继强、周恩宇等开车经过石涧村大陈庄水泥路时，发现何培祥骑摩托车摔倒在距离石涧小学约二三百米的水泥路旁，随即送往医院抢救治疗。12月27日，原告所在单位就何培祥的此次伤害事故向被告江苏省新沂市劳动和社会保障局提出工伤认定申请，后因故撤回。2007年6月，原告就此次事故伤害直接向被告提出工伤认定申请。经历了二次工伤认定，二次复议，二次诉讼后，被告于2009年12月26日作出《职工工伤认定》，认定：何培祥所受机动车事故伤害虽发生在上下班的合理路线上，但不是在上下班的合理时间内，不属于上下班途中，不认定为工伤。原告不服，向新沂市人民政府申请复议，复议机关作出复议决定，维持了被告作出的工伤认定决定。之后，原告诉至法院，请求撤销被告作出的工伤认定决定。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|