The highest method for employees to die within 48 hours after going to work： not counting work-related injuries.

Zhang yi was an employee of Shijiazhuang Works Section of Beijing Railway Bureau before his death. On April 27th, 2014, because he was unwell when he was on duty, he took a leave of absence at around 18: 30 and went home to feel better after taking painkillers, so he went to bed. Sun Xiaomei, zhang yi’s wife, did not wake him up for dinner and went to the hospital for examination because zhang yi was already asleep.

At about 6 o’clock the next morning, after Sun Xiaomei finished breakfast, he found that zhang yi had not got up yet. After careful inspection, he didn’t respond. He quickly called the emergency center 120. At about 6: 40, the 120 ambulance arrived. After medical staff checked, he told zhang yi that he had died.

On May 29th, 2014, Sun Xiaomei filed an application for work-related injury identification with the Provincial Department of Human Resources and Social Security regarding zhang yi’s death. After being accepted by the Provincial Department of Human Resources and Social Security, on August 8, 2014, it made a decision not to recognize the work-related injury and delivered it to Sun Xiaomei.

Sun Xiaomei refused to accept, and applied to the People’s Government of Hebei Province for administrative reconsideration. The People’s Government of Hebei Province made an administrative reconsideration decision on November 24, 2014, and upheld the decision made by the Provincial Department of Human Resources and Social Security not to recognize work-related injuries.

Sun Xiaomei refused to accept the decision and filed an administrative lawsuit with the Intermediate People’s Court of Shijiazhuang City, requesting to cancel the decision and ordering it to be re-recognized.

Court of First Instance: zhang yi was not sent to a medical institution for sudden illness during working hours and at his post, but died after 48 hours of rescue, so he could not be identified as a work-related injury.

The court of first instance held that according to Item (1) of Article 15 of the Regulations on Industrial Injury Insurance: "During working hours and jobs, he died of sudden illness or died after being rescued within 48 hours", this provision stipulated two situations in which he was deemed as an industrial injury.

In this case, zhang yi was unwell during working hours and post, and did not die of sudden illness during working hours and post, nor was he sent to a medical institution for 48 hours and died after being rescued. Zhang yi had to ask for leave to go home to rest when he was unwell during working hours and at his post, and was later found dead. Although it was within 48 hours from the time he asked for leave to go home to rest when he was found dead, it did not meet one of the circumstances stipulated in Item (1) of Article 15 of the Regulations on Industrial Injury Insurance.

Therefore, the Provincial Department of Human Resources and Social Security made a decision not to recognize work-related injuries. The facts were clear, the applicable laws and regulations were correct, the procedures were legal, and it should be maintained according to law. Sun Xiaomei’s claims and reasons could not be established. The court of first instance made a judgment on February 27, 2015, and upheld the decision made by the Provincial Department of Human Resources and Social Security not to recognize work-related injuries.

Sun Xiaomei refused to accept and appealed to the Higher People’s Court of Hebei Province.

Court of second instance: If you die within 48 hours after going to the hospital for rescue, it is a work-related injury, but you die after resting at home. This situation cannot be considered as a work-related injury.

The court of second instance held that Article 15, paragraph 1 (1) of the Regulations on Work-related Injury Insurance stipulates that an employee who dies of sudden illness during working hours and work posts or dies after being rescued within 48 hours shall be regarded as a work-related injury. This clause is mainly aimed at the sudden illness and death of employees during working hours, or the sudden illness, critical illness, inability to persist in work, and the need to go to the hospital for emergency rescue. Among them, onset, rescue and death are a continuous and complete process, and there is a close sequence and logical connection between onset and rescue, rescue and death.

In this case, zhang yi felt unwell during working hours and at work, went home to rest after asking for leave, and was found dead the next morning. The above situation does not belong to sudden illness and death in the workplace during working hours, nor does it belong to sudden illness and death in the workplace during working hours.

Therefore, the death in zhang yi does not conform to the provisions of Item (1) of Paragraph 1 of Article 15 of the Regulations on Work-related Injury Insurance. The decision made by the Provincial Department of Human Resources and Social Security not to recognize work-related injuries is well founded and should be supported. Therefore, the judgment dismissed the appeal and upheld the first-instance judgment.

Application for retrial: The illness occurred during working hours and jobs. Although it died at home, there is continuity and causal relationship with the sudden illness during working hours and jobs. How can it not be recognized as a work-related injury?

Sun Xiaomei applied to the Supreme Court for retrial for the following reasons:

First, the judgment of second instance found that the main facts were unclear. Zhang yi’s sudden illness occurred during working hours and jobs, and the death caused by the deterioration of his illness has a continuous and causal relationship with his sudden illness during working hours and jobs on April 27th, 2014.

First, the court of second instance has a wrong understanding of the first paragraph of Article 15 of the Regulations on Work-related Injury Insurance, and the premise of applying the law is wrong, and the conclusion reached is bound to be wrong.

Supreme Court: A person who dies after returning home is not regarded as a work-related injury and cannot be regarded as a work-related injury.

After trial, the Supreme Court held that the focus of the dispute in this case was whether the case was regarded as a work-related injury as stipulated in Item (1) of Paragraph 1 of Article 15 of the Regulations on Work-related Injury Insurance.

Article 15, paragraph 1 (1) of the Regulations on Work-related Injury Insurance stipulates that an employee who dies of sudden illness or dies after being rescued within 48 hours during working hours and posts shall be regarded as a work-related injury. The above-mentioned clauses are mainly set for the case of sudden illness during working hours and jobs, inability to persist in work, and need to go to the hospital for emergency rescue. If you go to the hospital for treatment or die of sudden illness after returning home, it does not belong to the scope of application of this provision.

In this case, zhang yi felt unwell during working hours and at his post, went home on leave and stayed in bed. He was found by his family the next day and died after being rescued. Although this unfortunate consequence is worthy of sympathy, it does not belong to the situation of treating work-related injuries as stipulated in the Regulations on Work-related Injury Insurance. The decision of the Provincial Department of Human Resources and Social Security not to recognize work-related injuries is well-founded in law.

First, the court of second instance found that the facts were clear and there was nothing wrong with the application of laws and regulations. As for the contradiction between the retrial applicant’s decision not to recognize the work-related injury made by the Provincial Department of Human Resources and Social Security and the documentNo. [2006] No.137 issued by Jilao Social Security Office, this document is only the minutes of the work-related injury case analysis meeting in Hebei Province, which is not universally binding, so the reason for applying for retrial is not supported by our hospital.

To sum up, Sun Xiaomei’s retrial application does not conform to the provisions of Article 91 of the Administrative Procedure Law of the People’s Republic of China. According to the provisions of Article 101 of the Administrative Procedure Law of the People’s Republic of China and the first paragraph of Article 204 of the Civil Procedure Law of People’s Republic of China (PRC), the ruling is as follows: the retrial application of retrial applicant Sun Xiaomei is rejected.

Case number: (2017) Supreme Law Firm Shen No.3687 (the party is a pseudonym)

(Source: "Labor Law Library" WeChat public account)