Becoming a lawyer starts with raising a Xiezhi

Chapter 274 Is Drinking a Work?
The deceased Lin was an assistant to the general manager of a hotel, and was mainly responsible for the daily affairs management of the hotel. One day, a guest came to the hotel, and the general manager of the hotel accompanied the guest to eat and drink together.

He drank until after eight o'clock in the evening. After drinking, Lin took the guests to play cards in the hotel for entertainment.After it was over, Lin returned to the room where he usually lived inside the hotel.

Early the next morning, when it was time to go to work, the hotel staff went to find him to give him something, but found that he was not in the office, so they went to the room where he lived to look for him. As a result, no one answered the door when he arrived. In the end, they went to get the room card and opened the room directly.

As soon as they entered the room, they were startled. They saw Lin lying on the bed, motionless.

After the person arrived, he took a closer look and found that Lin was covered with a quilt, his lower body was naked, his hands were clenched, and his feet were hard and cold. He yelled a few times and there was no response, so he suspected that he was dead, so he called the police.

After the police arrived, they checked the scene and found no trace of homicide. At the same time, the body was dissected. The forensic doctor finally made an identification and determined that it was ruled out that Lin died of poisoning. Brain injury and death of thoracoabdominal organ injury. The ethanol content in the blood of the deceased was 78 mg per [-] ml, which belonged to the state of drunkenness.The time of death was one hour after the meal, and the food flowed back into the trachea and bronchi after drinking, causing death by suffocation.

The cause of Lin's death is relatively rare. It can be said that he did not drink too much. Although he was drunk, he was not drunk to the point of being completely drunk. However, he had food reflux after drinking, and it also caused His death is really impermanent, and there are many reasons for his death.

Since homicide was ruled out, Lin's family could only hold back their grief and buried Lin.After the burial, Lin's family members filed an application for work-related injury identification with the Labor Bureau.

When a person dies, we need to ask for an explanation. Lin was an employee of the hotel. He went to drink with him for the benefit of the hotel, but he died. Did he die for his job?Do you need to cash in your work-related injury insurance benefits?

The hotel also paid work-related injury insurance for Lin. As soon as the Labor Bureau confirms the case, Lin's family can receive a large sum of work-related injury insurance benefits.

Who knows, once the application for work-related injury identification was submitted to the labor bureau, the labor bureau rejected the matter.The reason for the refusal is that serving wine is not part of the normal scope of work and cannot be identified as a work-related injury.

Is being a bartender a job?There was a discrepancy between the understanding of the Labor Bureau and Lin’s family members. Lin’s family members believed that accompanying wine was work, but the Labor Bureau believed that accompanying wine was not a job, and it was not within the scope of Lin’s responsibility. Lin’s drinking was his personal responsibility. reason.

The two parties disagreed. After the Labor Bureau made a decision not to recognize the work-related injury, Lin's family appealed to the court, requesting that the Labor Bureau's work-related injury determination be revoked.

After the trial, the court of first instance supported the request of Lin’s family members, holding that Lin was the assistant to the general manager of the hotel, and the nature of his work determined that the work required entertainment. At work, the Labor Bureau’s understanding of escorts was obviously narrow and biased, which led to its error in determining the application of the law. Therefore, it revoked the Labor Bureau’s work-related injury determination decision and required the Labor Bureau to make a new decision within [-] days from the date of the judgment. administrative action.

If he won the first trial, Lin's family members thought that the matter could be over, and the Labor Bureau would definitely determine that Lin was a work-related injury.

Who knows, not long after, the Labor Bureau made a new decision and still determined that Lin’s death was not a work-related injury and would not be recognized.

This was far beyond the expectations of Lin's family. After the decision was made, they filed a lawsuit in court again, requesting that the work-related injury decision be revoked and that Lin's death be ruled as a work-related injury in accordance with the law.

The court carefully tried the case and decided that the focus of the case was whether drinking alcohol was a work-related reason. According to the Regulations on Work-related Injury Insurance, the basic elements to determine whether a work-related injury constitutes a work-related injury are the workplace, working hours and work reasons, the core of which is work reasons , the workplace and working hours in the identification of work-related injuries, on the one hand, are to reinforce the cause of work, and on the other hand, when the cause of work cannot be ascertained, it is used to presume whether it belongs to the cause of work.

In this case, Lin is a hotel employee and works as an assistant to the general manager. Based on his job duties, he may entertain customers due to his work. However, drinking alcohol is different from eating other foods and drinks. Not one of its job descriptions.Although in daily life, people often have the experience of gathering for dinner and drinking, but drinking itself is a kind of pastime. Except for some special industry requirements, drinking is not a necessary part of work.Lin worked as an assistant to the general manager and had entertainment at work, but his drinking was not necessarily related to his job, so his death was not the cause of his work. Therefore, the facts identified by the Labor Bureau were clear and the applicable law was accurate.

As for Lin’s family’s claim that the Labor Bureau took the same specific administrative action based on the same facts and reasons after losing the lawsuit in the first instance, which violated the provisions of the Administrative Procedure Law. The court held that although the reasons and conclusions of the two decisions were consistent, the Labor The evidentiary materials and facts identified on the basis of the two decisions of the Bureau are different, and there is no violation of the provisions of the Administrative Procedure Law.

After a long time, the court finally rejected the lawsuit filed by Lin's family and upheld the labor bureau's determination of work-related injuries.This made Lin's family very angry. They had won the first trial, but now they lost again. The two verdicts were really completely different.

Moreover, the reason given by the court this time was too far-fetched. It clearly said that there would be entertainment at work, but later said that Lin's drinking was not part of his job. Isn't this a slap in the face?
He and the general manager accompanied the client to eat and drink. No matter how you say it, it was for work, not a personal private treat. The reason why the Labor Bureau was unwilling to recognize it as a work-related injury was because they were unwilling to pay work-related injury insurance benefits.

If the hotel did not pay work-related injury insurance for Lin, it is estimated that the Labor Bureau will recognize it, because the hotel does not pay work-related injury insurance. After a work-related injury occurs, the hotel itself will be responsible for compensation, not the government.

After the first-instance judgment, Lin's family immediately appealed to the intermediate court, requesting to revoke the first-instance judgment.This is the second trial, and what is the result of the second trial?

Naturally, the case was lost, otherwise there would be no need for a retrial. When Niu Zhao received the case, the second instance ruling had just been issued. After the second instance ruling was issued, it came into effect. Lin's family hurriedly changed lawyers and filed for a retrial.

(End of this chapter)