Original title: the sudden death of a teacher in Hainan overnight was not recognized as a work-related injury, and his family sued the human resources and Social Security Bureau in favor
Beijing News, a teacher in Hainan died suddenly because of correcting the test paper overnight and was repeatedly denied the identification of work-related injury by the local human resources and Social Security Bureau. Recently, the white paper on administrative trial was publicly released, which aroused concern. This morning (August 22), the Beijing News reporter learned from the Hainan Provincial High Court that this case is true and has been included in the top ten typical cases of administrative trial in the province (2017-2018).
The school said that the sudden death of teachers correcting test papers overnight was a 'routine job'
Today, the Beijing News reporter learned from the Hainan Provincial High Court that the court recently publicly released the white paper on administrative trial and the top ten typical cases of administrative trial (2017-2018). Among the reported cases, one case of "people suing officials" won, which aroused social concern.
The Beijing News reporter learned that Feng Ke (pseudonym) is a teacher of Qiongshan middle school in Haikou. On the evening of November 15, 2011, his two classes were tested. At about 7 o'clock the next day, the same school teacher found his abnormal physical condition at Feng Ke's home and immediately dialed 120. Later, he died due to ineffective rescue.
The death certificate issued by Qiongshan people's Hospital proves that Feng Ke died at home on November 16, 2011 due to sudden myocardial infarction.
Afterwards, Feng Ke's family wanted to apply for work-related injury appraisal for him to obtain corresponding compensation. However, on May 23, 2012, Haikou human resources and Social Security Bureau (hereinafter referred to as "Haikou human resources and social security bureau") made a decision not to recognize work-related injuries. The reason is' the teacher's delayed labor does not occur in the school (class or office) or overtime arranged by the school '.
In response to this explanation, Feng Ke's family could not identify it, so they filed an administrative reconsideration against the decision made by the human resources and Social Security Bureau. Later, the Provincial Department of human resources and social security made a reconsideration decision not to recognize the original industrial injury.
However, a written certificate issued by Qiongshan middle school on March 11, 2013 shows that before the incident, Feng Ke finished evaluating the math papers (107) of the students in two classes overnight. "After each test, the papers are approved that night, which is a routine job."
The human resources and Social Security Bureau refused to accept the judgment and applied to the supreme law for retrial, which was rejected
In 2012, Feng Ke's family filed a lawsuit. The Xiuying District Court of Haikou City rejected the request. After the family members appealed, the second instance of Haikou intermediate people's court decided to revoke the above-mentioned work-related injury decision of the human resources and Social Security Bureau on the grounds that the facts of the work-related injury decision were unclear, and ordered Haikou human resources and Social Security Bureau to make an administrative act again.
After hearing, Haikou intermediate people's court held that Feng Ke overcame his illness, insisted on the end of late class break, went home and worked overtime all night to correct 107 test papers. Whether there was continuity between the above behavior and his death from being found at 7:00 the next day to 120 rescue, Haikou human resources and social security bureau did not review and determine it, and the provincial human resources and social security department did not comprehensively consider the process of Feng Ke's onset, which was unclear, Therefore, it ruled to revoke the industrial injury decision made by Haikou human resources and Social Security Bureau and the reconsideration decision made by Hainan Human Resources and social security department, and ordered Haikou human resources and Social Security Bureau to make a new identification of industrial injury.
However, Haikou human resources and Social Security Bureau refused to accept the result and applied for retrial, and Haikou intermediate people's court rejected his application for retrial. Haikou human resources and Social Security Bureau continued to appeal. The higher people's Court of Hainan Province rejected his application on February 14, 2014.
On January 17, 2015, Haikou human resources and social security bureau made a new decision on not recognizing industrial injury. Feng Ke's family applied for reconsideration. The human resources and Social Security Department of Hainan province continued to maintain the decision, and then Haikou intermediate people's court revoked it. Haikou human resources and Social Security Bureau refused and appealed.
In 2017, after hearing the case, Hainan high court upheld the original judgment. Haikou human resources and Social Security Bureau refused to accept this and applied to the Supreme People's court for retrial. In 2018, the supreme law ruled to reject the retrial application of Haikou human resources and Social Security Bureau. So far, a seven-year lawsuit ended.