The Yingde Municipal Human Resources and Social Security Bureau has made the Decision on the Determination of Liang’s Deemed Work related Death (hereinafter referred to as the Determination of Deemed Work related Death), which determines that Liang died of a sudden illness within 48 hours after rescue during working hours and on his post, which is in line with the provisions of Item 1, Paragraph 1, Article 15 of the Regulations on Work related Injury Insurance.
On June 9, 2017, Liang and Lu Haifeng received an inspection notice from the Yingde City Housing and Construction Department, and they were waiting for inspection in the rental house with other personnel on the construction site.
(hereinafter referred to as Jian’an Company) on Zhu Zhanxiong’s commercial and residential building project.
At around 15:00 on the same day, Liang was found lying in a rented house, and the cause of death was sudden death.
The Yingde Municipal Government made the Administrative Reconsideration Decision, which was revoked on the grounds of unclear facts, insufficient evidence, wrong application basis and illegal procedures in the Deemed Work Death Confirmation made by the Yingde Municipal Human Resources and Social Security Bureau.
Jian’an Company refused and applied for administrative reconsideration to the People’s Government of Yingde City, Guangdong Province (hereinafter referred to as Yingde Government).
Liu Caili was not satisfied and filed a lawsuit, requesting the revocation of the “Administrative Reconsideration Decision” and the restoration of the validity of the “Deemed Work Death Determination”.
42 on July 27, 2018: rejecting Liu Caili’s claim.
It was also found that the construction and installation company had insured the construction personnel group for accidental injury insurance for the project involved, and the insurance policy stated that there were 30 insured persons without a list of personnel.
Liang, applied to Yingde Human Resources and Social Security Bureau (hereinafter referred to as Yingde Human Resources and Social Security Bureau) for identification of work-related injury.
Liu Caili, wife of Mr.
The employer was Zhu Zhanxiong, and the contractor was Jian’an Company.
Liu Caili filed an appeal against the first instance verdict
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The prominent positions of multiple facilities such as the construction site gate and construction signs are marked with the construction unit of the project as the construction and installation company.
The rental house is rented by Liang for on-site meetings, work arrangements, and salary distribution.
Subsequently, Zhu Zhanxiong’s commercial and residential building project went through the construction application procedures with Jian’an Company as the construction unit.
The supplementary agreement stipulates that the construction and installation company shall establish a dedicated account for worker salary payment, with the account name being Lu Haifeng.
Judgment result The Intermediate people’s court of Qingyuan City, Guangdong Province made an administrative judgment (2018) Yue 18 Xing Chu No.
The project involved in the case was constructed by workers organized by Liang, and Lu Haifeng also participated in on-site management.
[Hainan Real Estate and Construction Project Dispute Lawyer Group, providing you with professional legal advice, contact number: 18976082820] Basic case On March 31, 2016, Zhu Zhanxiong signed a construction contract with Maoming Maonan Jian’an Group Co., Ltd.
