On July 23rd, 2014, the Supreme People's Court held a news conference and released eight typical cases to the public. Case No.8 is Zirong Liu’s work- related injuries dispute retrial case, which was determined by Miquan Labor and Social Security Bureau.

Basic Information

Counter-appealauthority: the Supreme People's Procuratorate

Appellant: Zirong Liu

Respondent: Human Resources and Social Security Bureau of Midong District of Urumqi City, Xinjiang Uygur Autonomous Region (former Miquan Labor and Social Security Bureau)

Third party in the previous trial: No.3 coal mine of former Miquan Ironwork town of Xinjiang Uygur Autonomous Region

Court: the Supreme People's Court

Case Number: Case Number: Xing Ti Zi No.15

Key Points of the Judgment:

The legislative purpose of the Work-related Injury Insurance is to protect employees’ vital interest; therefore, for the case that is not recognized as work-related injuries, it should strictly abide by the principles.If the employer needs the employee to work in a non-workplace and engage in hazardous work, even if there are some illegal operations, the work should still be recognized as having a direct relationship with the employer’s major interest, and therefore the injury should be determined as work-related injury.

Key Facts:

On January 7th, 2001, Xinjiang Miquan City Ironwork town No.3 coalmine vice barmaster Zirong Liuwas informed that the coal bed was posed to risks.In order to ensure the coal bed production’s safety, on 10 pm on January 8th, Zirong Liu and blaster Yuangui Yu converted instantaneous electric detonators to delay electric detonators in the employees’ dormitory.Unfortunately,the detonatorexploded and Zirong Liu’s left hand was seriously injured.

On April 9th, 2002, Zirong Liu applied for a work-related injury identification with Miquan Labor Bureau. On July 3rd,Miquan Labor Bureau decided that “Zirong Liu’s injury should not be identified as a work-related injury." (“Decision”)

The Trial Court of Miquan City decided to revoke Miquan Labor Bureau’s "Decision".Hui Autonomous Prefecture of ChangjiIntermediate People’s Court revoked Miquan Trial Court’s ruling, and upheld the judgment that Miquan Labor Bureau shall be sustained.Xinjiang Uygur Autonomous Region Superior Court upheld the Intermediate People Court’s verdict.

Judgment:

After counter-appeal by Supreme People's Procuratorate, the Supreme Court made an administrative judgment for retrial:revoke the administrative decision made ​​by the Xinjiang Uygur Autonomous Region Superior People's Court; revoke the administrative decision made by Xinjiang Uygur Autonomous Prefecture Intermediate People's Court; upheld Xinjiang Uygur Autonomous Region Miquan People's Court administrative ruling;Human Resources and Social Security Bureau of Xinjiang Uygur Autonomous Region Urumqi Midong district should re-specify administrative act within two months from the date of receiving the decision.

Court’s Reasoning:

Based on the coal mine production needs, Zirong Liu worked together with other blasters in the dormitory to convert an instantaneous electric detonator to delay electric detonators, and was injured due to a detonator explosion; Though the act was in violation of state safety regulations, this need has a direct relationship with the employer’s benefit, and it should be recognized as a work-related injury.

Case Source: People’s Court Daily

KWM Comment: From the legislative spirit of Regulation on Work-Related Injury Insurance, three factors should be taken into consideration in identifying the work-related injury, i.e., “working hour”, “workplace” and “working reason”. This judgment of the Supreme Court is more focused on the point that if there is a violation of company’s rules or laws, whether it can be determined as work-related injury. The ruling has significant implications on the identification of work-related injury for local administrative departments.