Beijing News (Reporter Wang Ruiwen intern Guo Yimeng) regarding the sudden death of Liu Wenxiong, a doctor at Sanfutan Township Health Center in Xiantao City, Hubei Province, without being identified as a work-related injury. Today (February 28), the staff of Xiantao Human Resources and Social Security Bureau said that the current issue of the identification of Dr. Liu Wenxiong's work injury has entered the administrative review process.
Relevant leaders from Xiantao came to visit and said they would re-investigate
According to the Beijing News, at 5:50 on February 13th, Liu Wenxiong had a sudden illness and fainted at home, and the on-site rescue was invalid. The death was due to "acute myocardial infarction." A statistics table of "Doctor Daily Visits" provided by Liu Wenxiong's son Liu Hang showed that Liu Wenxiong received 3,181 patients from January 12 to February 12. On February 19, family members went to Xiantao Human Resources and Social Security Bureau with relevant materials, hoping to identify Liu Wenxiong as a work-related injury.
On February 20, the Bureau of Human Resources and Social Security of Xiantao City issued a "Decision on Inappropriate Work Injury", which believed that Liu Wenxiong was not infected with new coronary pneumonia and died at the prescribed working hours and places.
According to Liu Hang, the family decided to apply for administrative review. On February 26, the relevant leaders of Xiantao Human Resources and Social Security Bureau, Sanfutan Township Government, and Sanfutan Township Health Center came to the home to condolences, "indicating that the previous work was not done well." And promised to reopen investigations and work on relevant departments. Accountability.
Today (February 28), the staff of Xiantao Human Resources and Social Security Bureau stated that the current issue of the identification of Dr. Liu Wenxiong's work injury has entered the administrative review process.
Lawyer: The "Work Injury Insurance Regulations" cannot be mechanically applied in this case
Fan Chen, a lawyer at Beijing Jingshi Law Firm, said that doctor Liu Wenxiong was still receiving patient phone calls at 22:00 the day before his death, and the hospital's condition information also showed that the doctor answered the patients' phone calls at home. This situation proves that Liu Wenxiong's working hours are not limited to eight hours, and the working place is not limited to hospitals.
"It can be seen from the daily consultations that Dr. Liu Wenxiong's workload far exceeded the normal load before his death, and overwork induced the occurrence of sudden illness, which was an important reason leading to the death of Dr. Liu Wenxiong." Fan Chen said In this case, the concept of working hours and working places stipulated in the Work Injury Insurance Regulations cannot be applied mechanically, but the working hours and working places should be reasonably expanded.
In addition, according to the Supreme People's Court's Provisions on Several Issues in the Trial of Administrative Cases of Scientific and Technological Injury Insurance, if the others are related to the performance of work duties and were injured during working hours and within a reasonable area, the social insurance administrative department shall determine it as an industrial injury, and the people's court shall support it.
Lawyer Fan Chen believes that the death of Dr. Liu Wenxiong is a work-related injury if the current epidemic situation has not completely ended, which is also a blow to other medical personnel. It is inconsistent with the spirit stipulated in the "Notice Concerning Medical Care and Relevant Workers Infected with New Coronavirus Pneumonia Due to Performing Job Duties" issued by the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health and Health Commission.