Becoming a lawyer starts with raising a Xiezhi

Chapter 313 Revocation of Designation
After understanding the facts of the case clearly, Meng Lang thought about it for a while, and felt that the case could be won. The death of the masseuse could be regarded as a work-related injury, because it complied with the provisions of the Work-related Injury Insurance Regulations. Accidental injury, such as violence, is a work-related injury.

The massage behavior of a masseuse cannot be dismissed because it violates social morality.Massage is a legal activity as long as the law does not prohibit it, only prostitution is prohibited.

Meng Lang accepted the case, and the fee was not high, only 1 yuan in legal fees. After accepting the case, he called Niu Zhao over to discuss the matter, and asked her to cooperate with him in handling the case.

After Niu Zhao heard about this, he figured out the ins and outs of the matter, and couldn't help but say: "How come there are so many dark sides in society? People like this are going to be killed just because they refuse a man's illegal request. Damn it, I was given a suspended death sentence, the punishment is too light."

Meng Lang laughed and said, "Let's not bother with this. Since the court has sentenced her like this, there is a reason for him to sentence her like this. Now we are trying to let the Social Security Bureau determine that she was injured by violence, which belongs to the category of work-related injuries. Girl Niu, you Let's talk about it."

Niu Zhao glanced at him and said, "Didn't Muzu Center say that this is a relationship dispute? If it was really caused by a relationship dispute and has nothing to do with the performance of duties, then it cannot be regarded as a work-related injury."

Meng Lang said: "This is the unilateral statement of the Muzu Center, and the Human Resources and Social Security Bureau adopted the opinion of the Muzu Center, but you can see from the verdict that the death of the masseuse has something to do with the emotional dispute, but she The reason for being killed was mainly because she refused Tian Boguang's request to masturbate, so that Tian Boguang became angry and killed the killer. The masseuse was violently injured because of performing her duties during working hours and in the workplace, which should be recognized as a work-related injury .”

Niu Zhaodao: "I think she was killed because she refused the unreasonable request, not because she performed her job duties, right? She didn't get killed because she aroused Tian Boguang's disgust during the process of massaging Tian Boguang of."

Meng Lang said: "The job of a masseuse is to give massages to customers. This is her scope of work. She can neither go beyond the scope of work, nor do things not in accordance with her scope of work. If she is rejected for refusing to massage If she was killed, she was not performing her job duties, and she was killed because she refused to masturbate, which shows that she was sticking to her job duties and did not go beyond the scope of her job, so it should be determined that she was performing her job duties, you said Am I right?"

After hearing this, Niu Zhao said, "It's a bit confusing. I always think it's a bit weird to consider this as a work-related injury."

Meng Lang said: "You feel strange because we have experienced such things less often. We have never encountered such things before. Now that we have encountered them, we will follow the law and do what we should."

After discussing for a long time, the two of them wrote a complaint for the client according to Meng Lang's request, went to the court to file the case, and tried to revoke the decision of the Human Resources and Social Security Bureau, so that the Social Security Bureau could make a new decision on the identification of work-related injuries.

Arrived at the court soon after the case was filed and the trial started.

The Bureau of Human Resources and Social Security is the defendant, the Foot Massage Center is the third party in the administrative litigation, and the parties involved appeared in court as the plaintiff.

The Bureau of Human Resources and Social Security sent a staff member to attend the trial, while the Muzu Center hired a lawyer, because if the lawsuit was lost, it would be bad for them.

He and Niu Zhao appeared in court together. As soon as Niu Zhao finished reading the indictment, the Human Resources and Social Security Bureau began to defend. The Human Resources and Social Security Bureau still insisted on the original opinion, saying that there was no mistake in the determination.

The foot massage center was fully prepared, saying that Tian Boguang only killed the masseuse because of the emotional dispute between the two. It also said that Tian Boguang went to the foot massage center for massage and consumption that day, but he was actually looking for the deceased Lin. Xian'er chatted to relieve her boredom. While accepting the massage service provided by Lin Xian'er, she accidentally learned that Lin Xian'er's massage service also included masturbation service. Based on the couple's instinctive reaction and anger at the insincere behavior of the deceased Lin Xian'er, , Tian Boguang temporarily killed Lin Xian'er.

The foot massage center said this in order to attribute Lin Xianer's death to emotional disputes rather than to the performance of work responsibilities.

In other words, Lin Xian'er was at work, and Tian Boguang didn't kill her because she performed her job duties, but because Lin Xian'er was unfaithful and annoyed him, so he killed her.

There is no legal causal relationship between Lin Xianer's death and the cause of work, so it cannot be identified as a work-related injury.

The foot massage center's statement was not supported by relevant evidence. It cannot be seen from the verdict that Tian Boguang fell in love with Lin Xianer. When he learned that Lin Xianer often provided masturbation services to customers, he was jealous and so Lin Xian'er was killed, so the Muzu Center's defense lacks supporting evidence and cannot be accepted at all.

According to the regulations on work-related injury insurance, if an employee or close relative thinks it is a work-related injury, but the employer does not think it is a work-related injury, the employer shall bear the burden of proof. The Muzu Center cannot provide evidence that Lin Xianer’s death was caused by a relationship dispute. , therefore its defense cannot be established.

Seeing that her claim could not be supported by the court, the Muzu Center proposed that there was no labor relationship between Lin Xianer and the Muzu Center. It only provides a place, and does not require her to have fixed working hours, and her salary is not paid by the Muzu Center.

Seeing that the foot massage center put forward such a reason, Meng Lang immediately refuted it. Lin Xian'er entered the foot massage center through recruiting workers, not because she wanted to open a foot therapy shop. Customers came to the foot therapy shop through foot therapy. The shop arranged to contact the massage girl. As for the payment of wages, this is an internal management issue of the pedicure shop. It does not prove that Lin Xianer's massage behavior is personal. There is no labor relationship between her and the pedicure shop.

After hearing what he said, the lawyer of the foot massage center felt speechless. The foot massage center wanted to refuse to bear liability for workers' compensation compensation, but the existing evidence and legal regulations did not support its idea, and the law imposed restrictions on workers. The protection was relatively comprehensive. After listening to the opinions of both parties, the court reached a consensus that Lin Xianer's death constituted a work-related injury. The decision of the Human Resources and Social Security Bureau should be revoked, and the Human Resources and Social Security Bureau needed to make a new work-related injury determination decision.

Less than a week after the trial, the court's judgment came out, supporting Lin Xianer's father's request. The Human Resources and Social Security Bureau lost the lawsuit, and Muzu Center had no choice but to admit that it was bad luck. This kind of work-related injury is really an accident. All in all, it was a lot of money, how could they have imagined that such a thing would happen in advance.

(End of this chapter)