Case Concerning Litigation Supervision of Work-related Injury Insurance Qualification Recognition and Administrative Reconsideration of Li X vs. Human Resources and Social Security Bureau of X City and the People's Government of X City in Hubei Province
(SPP Guiding Case No. 205)
Key words
Supervision of final administrative judgments; Work-related injury recognition; Burden of proof; Administrative protest; Follow-up supervision
Summary
Where social insurance administrative authorities refuse to recognize a work-related injury on the grounds that a traffic accident sustained by a worker during their commute "cannot be deemed not to be primarily caused by the worker", such decisions shall be based on clear facts and sufficient grounds. In cases where traffic management authorities are unable to determine accident liability, the burden of proof that the accident was not primarily caused by the worker shall not fall on the worker. If a final administrative judgment incorrectly allocates the burden of proof, the people's procuratorates shall exercise supervision in accordance with the law. If a judgment or ruling rendered by the people's court upon an administrative protest is manifestly erroneous and meets the conditions for protest, the people's procuratorate may, ex officio, carry out follow-up supervision.
Relevant provisions
Articles 34, 91, and 93 of the Administrative Procedure Law of the People's Republic of China
Articles 5, 14, 15, 16, 17, 18, and 19 of the Work-related Injury Insurance Regulations
Article 1, Article 5 of the Supreme People's Court's Provisions on Several Issues Concerning the Trial of Work-related Injury Insurance Administrative Cases
Article 125 of the Rules for the Supervision of Administrative Proceedings by the People's Procuratorates
Article 50 (Now Article 67, Rev. 2017) of the Procedures for the Handling of Road Traffic Accidents (2008)
Articles 6, 9, 10, 11, 12, 13, 14, and 15 of the Measures for the Confirmation of Work-related Injuries
