Evaluation And Analysis Of The Identification Case Of Wang’s Industrial Injury

Teachers in colleges and universities have greater freedom because their jobs and working hours are different from those of workers who clock in and out regularly.Therefore,there is a big controversy in the practice of the identification of work-related injuries.The dispute is mainly manifested in the different standards for the identification of "jobs" in the clause of treating work-related injuries by administrative organs and judicial organs.This paper takes Wang,a teacher from a university in C city,H province,as a starting point to apply for work-related injury identification after he died suddenly playing basketball at school.If you want to identify Wang as a work-related injury,the key point is to confirm that Wang is at work when playing basketball.By interpreting the origin of the clause of treating work-related injuries,introducing similar cases,and combining with laws and regulations,we can get the identification standard of jobs.That is,the interpretation of jobs should be strictly limited,and its connotation should not be expanded at will.The core of judging whether a party is in a job or not is to analyze the correlation between his behavior and his own job;Whether the special behavior of the parties in the process of work is divorced from their posts should be considered as rationality and particularity;The behavior of the parties should be based on the practice behavior rather than the inner will.Therefore,Wang was not at work when he played.At the same time,this paper also involves the identification of repeated administrative actions of C Municipal Bureau of Human Resources and Social Security.C.The change of factual reasons in the two certificates before and after the Municipal People’s Social Security Bureau is not a repeated administrative act.Finally,this article leads to two thoughts: the identification of work-related injuries of teachers and similar professional and technical personnel in colleges and universities,because the particularity of occupation is fully considered.However,after special arrangements,we should also prevent the generalized understanding of jobs.The substantive solution of the dispute of work-related injury identification should be through refining the work-related injury standards,establishing social trial organizations and publishing more guiding cases.