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Chapter 139 Work Injury Accident (4)

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    ?

    "What are you talking nonsense about?" Zhou Fei pointed at Lin Hao angrily.

    Zhou Fei couldn't understand why some people could talk nonsense with their eyes open, and turn black and white with the touch of their upper and lower lips. Why did the available unit refuse to recognize his brother's fresh life already gone.

    "The observers ask you to pay attention to court discipline." Lin Miao stopped Zhou Fei from saying, and there was no sense of blame in her tone. It is understandable for Zhou Fei to lose his loved ones and be emotional for a while.

    "Next, let's move on to evidence and cross-examination. Have the plaintiff and the third party received evidence materials before the trial?" Lin Miao asked.

    Wu You, Huang Wei, and Lin Hao said: "I have received them all."

    "Let the plaintiff provide evidence first." Lin Miao said.

    Wu You said: "The first piece of evidence is the admission certificate and medical records of the deceased Zhou Fei, which prove Zhou Fei's disease development and treatment process. There is a complete time chain from Zhou Fei's illness to death.  In terms of cutting off the chain of time, the decision of the two defendants not to be identified as a work-related injury was wrong. The second piece of evidence is a screenshot of WeChat records used by Zhou Fei before his death, which proves that Zhou Fei had asked for leave from the department manager of Company A on the day of the incident, and there was no  absenteeism."

    "The defendant and the third party cross-examined the evidence submitted by the plaintiff." Lin Miao said.

    Huang Wei said: "The two defendants cross-examined together and have no objection to the authenticity of the first evidence submitted by the plaintiff, but the object of the evidence has objections. It is impossible to see from the medical records that there is a certain causal relationship between Zhou Fei's illness during working hours and his final death. The second  There is no objection to the authenticity of this piece of evidence and the object of the proof, but this piece of evidence has nothing to do with the work-related injury decision made by the two defendants."

    Lin Hao said: "The cross-examination opinion on the first evidence is the same as that of the two defendants; there is no objection to the authenticity of the second evidence, but there is objection to the object of proof. Zhou Fei asked for leave through WeChat, which does not comply with the company's system regulations.  It has been stipulated that employees should go through the oa system to ask for leave, and if Zhou Fei did not perform the normal leave procedures, it should be considered absenteeism."

    "The defendant is giving evidence." Lin Miao said.

    Huang Wei said: "There was no evidence submitted by the two defendants."

    "The third person gave evidence." Lin Miao said

    Lin Hao said: "The third person's first piece of evidence is the company's leave application system, which proves that the company must apply through the company's OA; the second piece of evidence is Zhou Ping's leave application WeChat record picture, which proves that Zhou Ping did not fulfill the required leave procedures  , Zhou Ping¡¯s behavior of leaving the unit without authorization is unexcused absenteeism; the third piece of evidence is the employee training record, which proves that the third person in the leave request system has organized all employees of the company to study and fulfilled the duty of notification, and the training record also has Zhou Ping¡¯s signature.  The three of them have completed their testimony."

    Zhou Fei, who was sitting in the gallery, clenched his fists.

    ? Zhou Ping's wife, who was in the plaintiff's seat, felt extremely worried when she heard the three lawyers confront each other.

    "The plaintiff and defendant cross-examined evidence." Lin Miao said, she looked down at the evidence without even raising her head.

    Wu You said: "The three pieces of evidence submitted by the third party are closely related, and the plaintiff cross-examined them together. There is no objection to the authenticity of the three pieces of evidence submitted by the third party, but there is objection to the object of proof.  Asking for leave must be done through the company's oa system, but it is also stipulated that, except for special emergencies, the leave procedures can be completed afterwards. It can be seen that asking for leave through the oa system is not the only way to ask for leave. On the day of the incident, Zhou Fei was already feeling physically ill.  Unwell, he has already made an application on the oa system, and called the department head, hoping to get approval, but because the department head was in a meeting at the time, he hung up the phone, so the plaintiff submitted this Zhou Fei and department to the court.  WeChat chat between supervisors asking for leave information."

    Wu You deliberately paused to give Lin Miao more time to think, and then said: "I would like to ask the attorney representing the third party a company, is there any special emergency that is more important than human life and health?"

    After Wu Youyi finished speaking, he looked straight into Lin Hao's eyes.

    Lin Hao was dumbfounded, the value of life naturally must be above the company's rules.

    Zhou Fei's wife Xue Dongqin nodded frequently with tears in her eyes, while Zhou Ping couldn't help but patted her thigh and said, "Well said." Wu You's words can be regarded as reaching their hearts.

    Lin Miao reminded: "Observants please pay attention to court discipline."

    Zhou Ping nodded embarrassingly, and then quickly exchanged glances with Xue Dongqin.

    Huang Wei said: "The defendant has no objection to the evidence submitted by the third party."

    Lin Miao said: "Now we are entering the stage of court debate."

    Wu You said: "Dear judge, the main focus of dispute in this case is whether Zhou Ping's sudden illness death should be regarded as a work-related injury. According to the "Work-related Injury InsuranceArticle 15, Paragraph 1, Item (1) of the Regulations stipulates that if an employee has one of the following circumstances, it shall be regarded as a work-related injury: (1) During working hours and positions, sudden illness death or within 48 hours after rescue  invalid death.  According to the above regulations, deemed work-related injuries include two situations, one is death due to sudden illness during working hours or on the job post; the other is death due to sudden illness during working hours or on the job post, and the rescue failed within 48 hours.  Returning to this case, Zhou Ping felt heart discomfort at 14:00 working hours, which continued to intensify, so he asked for leave from the department supervisor at 14:40, returned home at 15:20 to get his medical insurance card, and took Suxiao Jiuxin Pills at home.  At 40:00, Zhou Ping's wife, the plaintiff Xue Dongqin, called 120. Zhou Ping was sent to Huaihai No. 1 Central Hospital at around 16:00 for emergency treatment.  , it can be proved that Zhou Ping has a continuous development process from the onset of the disease to the time when he went home to get the medical insurance card, and then he was admitted to the hospital, rescued, and died.  If the illness occurs at the work position during working hours and dies within 48 hours after emergency rescue, it meets the requirements of Item (1), Paragraph 1, Article 15 of the Regulations on Work Injury Insurance, and shall be regarded as a work injury.  "

    "Secondly, the Human Resources and Social Security Department of Huaihai City and the Huaihai Municipal Government mistakenly separated the continuous time from Zhou Ping's illness to death by Zhou Ping's action of going home to get his medical insurance card, and thus made a wrong decision not to recognize work-related injuries.  Zhou Ping went home to get a medical insurance card for medical treatment, which is completely in line with common sense and justified. The two decisions on non-recognition of work-related injuries simply put whether the deceased went home as a condition for not certifying work-related injuries, which is contrary to  Human nature does not conform to the principles of the labor law on protecting the legitimate rights and interests of workers, it lacks factual and legal basis, and should be corrected." Wu You said.  (Remember the site URL: www.hlnovel.com
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