Comment On The Case Of Shanghai Moderate Foot Care Service Department V. Shanghai Putuo District Human Resources And Social Security Bureau On Work Injury Accreditation

In the identification of work-related injuries in China,it is often a controversial situation to treat deaths due to sudden illness as work-related injuries.In the case of the Supreme People's Court Bulletin in 2018,the “Shanghai Mild Foot Health Service v.Putuo District Human Resources and Social Security Bureau's Work Injury Determination Case” is a typical example of many such cases.This case reflects the contradictions and conflicts between the administrative department and the judiciary when dealing with issues related to the conditions,standards and procedures for the determination of work-related injuries.This article takes this case as an entry point and combines a large number of work injury identification cases to analyze the legal dispute focus and judgment logic of cases which were deemed to be work-related injure cases due to death of illness.The article specifies the specific criteria for "emergent illness" in Article 15,Paragraph 1(1)of the "Work Injury Insurance Regulations",such as the identification of the cause of death of the worker and the working relationship,and whether the patient's family gives up treatment is "rescue invalid" "Workers' 48-hour death time affirmed these issues and made reasonable judgments and legal explanations.Finally,the article reflects on the limitations of the existing legal provisions.On the one hand,the legal provisions are too succinct,which causes disputes of the standards of determination of work injuries.On the other hand,the legal provisions at the operational level brings conflicts between the administrative department and the judicial department.Combining the existing work injury identification cases,combined with the US and German work injury identification legal rules and considerations on China's legislative background,the article proposes suggestions for further perfecting the identification standards and determination procedures of the equivalent work injury in Chinese laws.It is proposed to simplify the work injury identification process,clarify the ownership of the final determination of work injury identification,and improve the multi-level work injury compensation system and various forms of supervision systems.