Case Concerning Litigation Supervision of Administrative Confirmation of Zhou XX vs. Human Resources and Social Security Bureau of X City in Sichuan Province
(SPP Guiding Case No. 236)
Key words
Supervision of final administrative judgments; Administrative confirmation; Work-related injury recognition; Occupational disease diagnosis certificate; New evidence; Procuratorial protest
Summary
Where an employee suffers heatstroke due to physical labor in a high-temperature environment and, through no fault of their own, is unable to obtain an occupational disease diagnosis certificate, if the administrative authority refuses to recognize the condition as a work-related injury, and the people's court upholds this decision of non-recognition in a final judgment, the people's procuratorate shall exercise supervision in accordance with the law if new evidence demonstrates that the injury should be recognized as work-related. In cases where difficulties or prolonged procedures in occupational disease recognition are identified, the people's procuratorates may collaborate with the people's courts and administrative authorities to study and promote improvements to the occupational disease recognition procedures.
Relevant provisions
Article 91 of the Administrative Procedure Law of the People's Republic of China
Article 46 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases
Article 52 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Proceedings
Articles 14 and 18 of the Regulation on Work-Related Injury Insurances
