Yi Chengxun. All the pictures in this article are provided by the respondents.
Yi Chengxun, 73, has been away for nearly two years. He has gone to arbitration, petitions, sued the Social Bureau and won a lawsuit. He has not yet been recognized as an industrial injury.
Because of the joint-stock reform of Changtiankan Coal Mine (hereinafter referred to as Changtiankan Coal Mine), Chongqing Rongchang District Human Resources and Social Security Bureau (hereinafter referred to as Rongchang District Human Society Bureau) rejected the application for identification of industrial injury for the reason that the original employer the main body has died.
Yi Chengxun refused to accept it and filed an administrative lawsuit with the Rongchang District Court. After hearing, the Rongchang District Court revoked the Decision on Rejecting the Application for Recognition of Industrial Injury and ordered the Rongchang District Peoples Social Bureau to make a new administrative act against the application for identification of industrial injury by Yi Chengxun. Rongchang District Peoples Society Bureau appealed, and the Chongqing Fifth Intermediate Court rejected the appeal and maintained the original judgment.
To Yi Chengxuns surprise, Rongchang District Peoples Social Bureau subsequently refused to identify his work-related injuries for the same reason. Unfortunately, he once again submitted an administrative complaint to the Rongchang District Court, requesting that the injuries he suffered belong to work-related injuries.
On June 13, Peng Mei News learned from Yi Chengxuns Deputy lawyer that the case of Yi Chengxun suing Rongchang District Peoples Society Bureau has been accepted by the Rongchang District Court and has not yet been heard.
Certificate of Occupational Disease Diagnosis
11 years of coal mining
Yi Chengxun was born in 1946 and lives in Emei Village, Fenggao Street, Rongchang District. Because of family difficulties, Yi Chengxun dropped out of school after only reading a book for a week. When he grew up, Yi Chengxun earned his living by planting land.
In 1983, Yi Chengxun, 37, went to Changtiankan Coal Mine to dig and transport coal for a living. He recalled that at that time, he could earn more than ten yuan to twenty yuan a month, but the working environment was bad. At that time, he thought he could earn money, and he didnt know what pneumoconiosis was.
After 11 years and 2 months in the coal mine, in June 1993, the coal mine should streamline its personnel, and Yi Chengxun returned home laid off and resumed his old practice of planting land. He said that he had not continued to work on occupational hazards since then.
In 1998, Changtiankan Coal Mine carried out joint-stock reform and established Rongchang Changtiankan Mining Co., Ltd. After Rongchang withdraw counties and establish districts, the name of the company was changed to Rongchang Changtiankan Mining Co., Ltd. (hereinafter referred to as Changtiankan Company).
The original Rongchang County State-owned Assets Management Office confirmed that the net assets of Changtiankan Coal Mine were used for enterprise restructuring and operation, and for the placement of on-the-job and retired employees. The restructured Changtiankan Company handled property, creditors rights and liabilities in accordance with the regulations.
Yi Chengxun said that as he grew older, he often felt uncomfortable. When he visited the hospital, the doctor told him that there was ash in his lungs, and suggested that he go to a big hospital to check to see if he had pneumoconiosis.
In July 2017, Yi Chengxun went to Chongqing Sixth Peoples Hospital for examination. Since then, Yi Chengxun has embarked on the road of industrial injury identification for nearly two years.
Administrative Judgment of the Fifth Intermediate Peoples Court of Chongqing (Part).
The Bureau of Human Resources and Social Affairs rejected the application for identification of work-related injuries
Because there is no unit letter of introduction, arbitration of labor disputes, any valid labor contract, Yi Chengxun did not get the diagnosis conclusion.
Subsequently, Yi Chengxun submitted an application for labor dispute arbitration to the Rongchang District Labor and Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission), requesting confirmation of its labor relationship with Changtiankan Company from 1983 to 1993.
On August 31, 2017, the Arbitration Commission issued a notice of inadmissibility on the grounds that the subject of Yi Chengxuns request for confirmation had no right and obligation to inherit from Changtiankan Coal Mine.
Twelve days later, Yi Chengxun went to Rongchang District for letters and visits. Under the coordination of Rongchang District Peoples Society Bureau and Ronglong Town Government, Yi Chengxun went to the Arbitration Commission again to confirm labor relations.
This time, the Arbitration Commission accepted Yi Chengxuns application. On December 13 of the same year, the Arbitration Commission decided that Yi Chengxun had worked in Changtiankan Coal Mine, but there was no labor relationship between him and Changtiankan Company, so it rejected Yi Chengxuns arbitration request.
According to the Occupational Disease Diagnosis Certificate issued by Chongqing Occupational Disease Prevention and Control Hospital on February 3, 2018, the work/commissioning unit of Yi Chengxun is Changtiankan Coal Mine, and the diagnosis conclusion is three stages of occupational coal worker pneumoconiosis.
With diagnostic certificates and other materials, Yi Chengxun applied to Rongchang District Peoples Social Bureau for industrial injury identification. On March 22, 2018, Rongchang District Peoples Social Bureau issued the Decision on the Inadmissibility of Application for Industrial Injury Recognition, and decided not to accept its application for industrial injury recognition.
On June 21 of the same year, Yi Chengxun again applied to Rongchang District Peoples Social Bureau for identification of work-related injuries. On July 5, the Rongchang District Peoples Society Bureau made the Decision to Reject the Application for Work Injury Recognition. The decision shows that, after investigation and verification, the employer Changtiankan Coal Mine, which you applied for, has carried out joint-stock reform in 1998 and the main body has disappeared. Your application does not meet the conditions for acceptance of work-related injuries.
The court revoked the decision to reject the determination of industrial injury
Yi Chengxun refused to accept the suit and brought it to Rongchang District Court. Rongchang District Court issued (2018) Yu0153 Junior 69 Administrative Judgment. According to the judgment, Rongchang District Peoples Society Bureau directly made its determination of not meeting the acceptance conditions of industrial injury determination by the original employer subject has disappeared, which obviously has no corresponding legal basis.
The court decided to revoke the Decision Rejecting the Application for Recognition of Industrial Injury and ordered Rongchang District Peoples Social Bureau to make a new administrative act against Yi Chengxuns application for identification of industrial injury.
The Rongchang District Peoples Social Bureau refused to accept the judgment and appealed to the Fifth Intermediate Peoples Court of Chongqing (hereinafter referred to as the Fifth Intermediate Court). On April 11 this year, the Fifth Intermediate Court issued (2019) Executive Judgment No. 48 of Yu05 Bank, rejecting the appeal and upholding the original judgment.
The judgment of the second trial shows that the focus of the dispute in this case is whether the existence of the legal entity qualification of the employing unit should be the pre-acceptance condition for the determination of industrial injury.
In view of this, the court commented that, according to the Regulations on Industrial Injury Insurance and the Opinions of the Ministry of Human Resources and Social Security on Several Questions Concerning the Implementation of the Regulations on Industrial Injury Insurance, the relevant provisions on the determination of industrial injury did not regard the existence of the main body of the employer as the pre-acceptance condition for the application for industrial injury determination, nor did they regard the elimination of the main body of the former unit as the acceptance of industrial injury determination. Exceptions to Reason.
The court held that in this case, after accepting the application materials submitted by Yi Chengxun for identification of industrial injury, the Rongchang District Peoples Social Bureau should examine whether the application materials meet the statutory acceptance requirements, and if the application materials meet the statutory requirements, then whether it contacts the occupational hazards work again after leaving office, whether the occupational diseases it suffers from have causal relationship with the work of the original employer, and so on. To verify, the original employer should not directly determine that the subject has disappeared does not meet the acceptance conditions for the identification of work-related injuries.
The judgment pointed out that the legislative purpose of the Regulations on Industrial Injury Insurance is to guarantee medical treatment and economic compensation for workers who suffer from accidents or occupational diseases at work. If the existence of the legal entity qualification of the employing unit is regarded as the pre-acceptance condition for the identification of industrial injury, it will inevitably occur that the employing unit maliciously cancels the registration of industry and Commerce after the industrial injury accident in order to evade responsibility. The act of remembering also deviates from the original intention of legislation.
Regarding the retroactivity of the Regulations on Industrial Injury Insurance, the court held that the relevant provisions of the Regulations on Industrial Injury Insurance could be applied to the application of Yi Chengxun for industrial injury before the implementation of the Regulations on Industrial Injury Insurance.
To sum up, the Chongqing Fifth Central Court found that Rongchang District Peoples Society Bureau made its determination of not meeting the acceptance conditions of industrial injury determination based on the original employers subject has disappeared, and there was no corresponding legal basis.
After losing the lawsuit, the Peoples and Social Bureau made a decision not to recognize work-related injuries.
After the judgment of Chongqings Fifth Intermediate Court came into effect, Yi Chengxun thought that there was no problem in his application for industrial injury determination. To his surprise, Rongchang District Peoples Society Bureau still refused to identify work-related injuries on the grounds that the employer has no longer existed.
Rongchang District Peoples Society Bureau issued a decision not to identify work-related injuries on April 29. It shows that in 1998, after the reform of Changtiankan Coal Mine, the former state-owned Changtiankan Coal Mine in Chongqing disappeared. According to the provisions of Article 61 of the Occupational Disease Prevention and Control Law of the Peoples Republic of China and Article 14 (4) of the Regulations on Industrial Injury Insurance, it does not belong to the scope of industrial injury identification and is not recognized as industrial injury.
Article 61 of the Law of the Peoples Republic of China on the Prevention and Control of Occupational Diseases stipulates that the employing units may apply to the local peoples government for medical insurance and civil affairs departments for medical assistance and life assistance for occupational disease patients who have no existing or can not confirm their labor relations. Local peoples governments at all levels shall, in accordance with the actual situation in the region, take other measures to enable occupational-disease patients prescribed in the preceding paragraph to receive medical treatment.
Hu Jianshu, deputy of Yi Chengxun and lawyer of Chongqing Yibing Law Firm, said that the Occupational Disease Prevention Law and the Regulations on Industrial Injury Insurance are different departmental laws and belong to different channels of relief, and they are not mutually exclusive.
Hu Jianshu said that the identification of work-related injuries solves the problem of the nature of the injuries suffered by employees in their work. Whether the injuries suffered by Yi Chengxun are caused by work-related injuries belong to the problem of fact and nature identification, and are not lost due to the cancellation of the employer. The effective judgment of the Fifth Intermediate Court makes it clear that if the main body of the employing unit is to survive as a condition for the identification of work-related injuries, there will inevitably be malicious cancellation of the employing unit in order to evade the responsibility for work-related injuries, which is obviously contrary to the original intention of the legislation.
Later, Yi Chengxun submitted an administrative complaint to the Rongchang District Court, requesting that the specific administrative act of the Defendants Decision not to Recognize Industrial Injury be revoked, and that the plaintiffs injury belong to industrial injury according to law. Rongchang District Courts notice of acceptance of the case on May 8 showed that after examination, the prosecution met the legal conditions for acceptance, and the court decided to file the case for trial.
At present, Rongchang District Court has not yet heard the case.
Yi Chengxun told Peng Mei News that because of pneumoconiosis, he had to stay in hospital twice a year, at a cost of 45,000 yuan each time. In addition, he spends nearly 1,000 yuan a month on drugs. Yi Chengxun hopes to get medical aid and economic compensation as soon as possible.
Source of this article: Peng Mei News Responsible Editor: Li Wan_B11284