The teacher changed the test overnight and suddenly died. His wife applied for work-related injuries and was supported by the court.

category:Global
 The teacher changed the test overnight and suddenly died. His wife applied for work-related injuries and was supported by the court.


The death certificate issued by the Qiongshan peoples Hospital showed that Feng Fangdi died at home in November 16, 2011 for a sudden myocardial infarction, and the interval between the onset and death was unknown. Rescue record records: rescue time from 8:31 on November 16, 2011 to 9:32, when the scene arrived, the patient had no heartbeat and breathing. In December 2011, Qiongshan middle school, due to Feng Fangdis overwork of long work, and the death of a sudden myocardial infarction in his working hours and jobs, applied to the Haikou Municipal Bureau of peoples society to confirm that Feng Fangdi died of a work injury. Qiongshan middle school mathematics group proved: in the evening of November 15, 2011, from 20:30 to 22:30 to carry out the exam, Mr. Feng Fangdi finished the math test papers of two class students all night, and carried out a test paper analysis, because every Wednesday for our school mathematics teaching and research time. In May 2012, the Haikou Municipal Bureau of human resources and social work made a decision on the work-related injury (decision No. 223 for industrial injury), which was not identified as work-related injury by Feng Fang di. Yu Junjie refused to accept the application for reconsideration, and the Hainan Provincial Office for human resources and social affairs decided to maintain industrial injury No. 223. In this regard, Yu Junjie filed a lawsuit. The peoples Court of Xiuying District of Haikou decided to reject Yu Junjies claim. Yu Junjie filed an appeal. The second instance of the Haikou intermediate peoples court decided to revoke the No. 223 industrial injury decision by deciding the fact that the No. 223 industrial injury was not clear, and ordered the Haikou Municipal Bureau to re make an administrative act. The Haikou Municipal Bureau of social affairs refused to accept and applied for retrial, and the Haikou intermediate peoples court dismissed its application for retrial. The Haikou Municipal Bureau of human affairs continued to appeal. The higher peoples Court of Hainan rejected its application in February 14, 2014. In January 17, 2015, the Haikou Municipal Bureau of human society reissued the decision to not determine the work injury decision (for short, the No. 223-1 industrial injury decision). It was considered that the examination was not an arrangement of the school at night. The school did not require the teacher to correct the provisions of his homework or examination paper that day. Feng Fangdi was not a working time or a job. On the other hand, it is decided not to be regarded as a work injury or as a work injury. Yu Junjie applied for reconsideration again, and the Hainan Provincial Office for human resources and social affairs decided to maintain the No. 223-1 industrial injury decision. Yu Junjie refused to accept an administrative lawsuit against the Haikou intermediate peoples court in May 2016. The Haikou intermediate peoples court decided to withdraw the decision on industrial injury No. 223-1, and ordered the Haikou Municipal Bureau of social and social affairs to reaffirm its work injury. The Haikou Municipal Bureau of people was not satisfied with the appeal. In 2017, after hearing the Hainan high court, the verdict was upheld. In this regard, the Haikou Municipal Bureau of social affairs disagrees with the Supreme Peoples court for retrial. Recently, the supreme law ruled that the retrial application of the Haikou Municipal Bureau of social affairs should be rejected. Working overtime at home is also working hours and jobs Case interpretation The supreme law review believes that whether it is dead or unrescued, the key to work injury is the death of a sudden illness in working hours and jobs. It is generally understood that working hours and jobs should refer to the time and place of work prescribed by the unit, and the workers should be working hours and jobs for the benefit of the unit and working overtime at home. According to the legislative purpose of the regulations on industrial injury insurance, the death of a sudden illness in the working time and place stipulated by the unit is regarded as a work injury. For the benefit of the unit, the work will be taken home, and the individual time will continue to work, during which the sudden death of the disease and its rights should be protected. It is important to note that the legal condition of the industrial injury is working time and work place, while the work injury is working time and job. Relative to the workplace, job emphasizes more job duties and tasks. Employees work overtime at home, just to fulfill their duties, should belong to working hours and jobs, is a normal understanding of the provisions of the law. The facts found in this case show that Feng Fangdi organizes the students late repair test. After returning home, the math test papers of two classes have been corrected and analyzed. This is obviously for the interests of the school and the work of working overtime to work overtime, which belongs to working overtime at home. In addition, according to the regulations of industrial injury insurance, three cases are excluded or regarded as industrial injuries, such as intentional crime, drunkenness or drug abuse, self disability or suicide, and whether there is a violation of the relevant rules and regulations of the unit, is not a factor to be considered. Accordingly, after the court has consolidated the case, it ordered the Haikou Municipal Bureau for social and social affairs to reaffirm it. The source of this article: editor in charge of Legal Daily: Su Hong _NBJ9980 The facts found in this case show that Feng Fangdi organizes the students late repair test. After returning home, the math test papers of two classes have been corrected and analyzed. This is obviously for the interests of the school and the work of working overtime to work overtime, which belongs to working overtime at home. In addition, according to the regulations of industrial injury insurance, three cases are excluded or regarded as industrial injuries, such as intentional crime, drunkenness or drug abuse, self disability or suicide, and whether there is a violation of the relevant rules and regulations of the unit, is not a factor to be considered. Accordingly, after the court has consolidated the case, it ordered the Haikou Municipal Bureau for social and social affairs to reaffirm it.