Company of such-and-such and such-and-such finite liability appeals to Chongqing Liu is such-and-such desk of dispute of wage of inductrial injury insurance
Court of people of county of hill of a round flat piece of jade with a hole in its center
(The word at the beginning of 2012) Bi Famin the 00562nd
Accuser Chongqing is such-and-such and such-and-such finite liability company.
Legal representative king is such-and-such, president.
Attorney Zhu Mou, chongqing is such-and-such attorney office solicitor.
Attorney Xu is such-and-such, chongqing is such-and-such attorney office solicitor.
The accused Liu is such-and-such.
Attorney Liu is such-and-such, law of county of hill of a round flat piece of jade with a hole in its center helps central lawyer.
Attorney Liu is such-and-such.
Accuser Chongqing is such-and-such and such-and-such finite liability company (the following abbreviation is such-and-such company) one desk of dispute of wage of insurance of as such-and-such as the accused Liu inductrial injury, after this academy put on record is accepted, hold the post of adjudgement alone by acting judge Yang Bo lawfully, applicable and simple and easy program made public open a court session to undertake cognizance. The attorney Xu Yuanfan of company of accuser red flag, some and Xiao Yan of some its attorney Liu, Liu gave birth to the accused Liu to front courtyard to join suit greatly. This case already was tried now terminative.
Tell to say formerly, be by appraisal after the accused department is emeritus the worker of old inductrial injury, accuser and the accused already were reached on March 16, 2010 one-time disable grant-in-aid compensates for an agreement, fulfill according to the agreement end. The accused requested to press on December 10, 2010 the company averaged salary 2009 60% to Fu Yi second sex disables grant-in-aid, dispute of labor of county of hill of a round flat piece of jade with a hole in its center arbitrates committee makes word of case of intermediate of fatigue of a round flat piece of jade with a hole in its center (2011) arbitrates the 9th number adjudication book, adjudication presses this standard complemental by the applicant one-time disable grant-in-aid. Accuser and the accused undertook handling by relevant policy on March 16, 2010, it is not to belong to company of applicable change person to send (the range of inductrial injury pay that 2010)168 date file sets. Accuser refuses to obey this adjudication puts forward to sue to the court especially. The request sentences your: 1, accuser does not pay the accused one-time disable filling indemnity this 5135.76 yuan of;2, case legal cost is assumed by the accused.
The accused argue says, 1, the desk of dispute of inductrial injury wage that this case is told this case prosecutor, ask this case prosecutor pays this case the accused to disable grant-in-aid, arbitral appoint already made adjudication, accuser refuses to obey, sue to the court, after appeal of accuser out of court, should mention appeal, not be application cancel. This adjudication is correct, already produced legal effectiveness, accuser has no right to be sued again. 2, what both sides signed on March 16, 2010 is one-time disable grant-in-aid compensation agreement disables mediumly the computation of grant-in-aid, the old-age pension that gets with the accused is a standard, but the old-age pension that the accused gets averages salary than the company 60% want low, the old-age pension that gets with the accused in this agreement accordingly is standard calculative one-time disable the conventional part of grant-in-aid, disobeyed " byelaw of inductrial injury insurance " the 64th mandatory regulation, reason is invalid. Change person company is sent (the regulation of 2010)168 date file and " byelaw of inductrial injury insurance " the regulation also is consistent, the 60% computation that the accused asks to average salary by the company are one-time disable the view of grant-in-aid is regulation of be good law, on put together, request court arbitrates with labor appoint the number level with certain place of arbitral adjudication book has a court decision.
Find out via cognizance, the accused retires before 2008, before retiring, in accuser the company pursues job of brick of Gan of driving, ground early or late. County of hill of a round flat piece of jade with a hole in its center worked on January 29, 2010 appraisal committee with respect to the accused disable make the word at the beginning of ancient bronze mirror of fatigue of a round flat piece of jade with a hole in its center (2010)77 date " appraisal of ability of labor of inductrial injury worker (affirm) conclusion advice note " , appraisal conclusion: Disable grade is land class, without nurse depend on. After this, accuser and the accused are reached with respect to problem of Liu such-and-such inductrial injury " worker of inductrial injury of company of such-and-such and such-and-such finite liability compensates for Chongqing agreement " , the agreement is opposite by accuser the inductrial injury problem of the accused is one-time solve: One, disable grant-in-aid 14 months, 1181.16 yuan of 14=16536.24 yuan; 2, medical treatment grant-in-aid 10 months, 2248 yuan of 10=22480 yuan; above amount is total RMB 39016.24 yuan, by Liu Mou some goes out according to getting, the accused will demand any fee to accuser with any reason henceforth. Firm of this agreement prosecutor built official seal, the accused signs in Party B office sign. Time of compensatory agreement inscribe is on March 16, 2010. Ever since, liu is such-and-such this are gotten in prosecutor office 39016.24 yuan of money.
The labor of county of hill of 25 people Xiangbi such as the accused arbitrated committee offers arbitral application on December 10, 2010, request item is: Request by the applicant according to Chongqing city worker is mean monthly 2009 of salary 60% to Fu Yi for base second sex disables grant-in-aid. Dispute of labor of county of hill of a round flat piece of jade with a hole in its center arbitrates committee made word of case of intermediate of fatigue of a round flat piece of jade with a hole in its center on March 4, 2011 (2011) arbitrates the 9th number adjudication book. Accuser refuses to obey adjudication, ever sued to this academy, after be being rejected to sue by this academy ruling, accuser to Chongqing city court of the first intermediate people applies for word of case of intermediate of fatigue of cancel a round flat piece of jade with a hole in its center (2011) arbitrates the 9th number adjudication book. On October 30, 2011 the first intermediate people of Chongqing city court with (2011) change one Sino-French civilian first word book of the 00193rd civil ruling, the ruling rejects accuser application, since the day that tells party to be able to get ruling book oneself controversy item works inside 15 days to to lodge a complaint of court of people of county of hill of Chongqing city a round flat piece of jade with a hole in its center. Ever since, accuser mentions this case lawsuit.
In cognizance, both sides belongs to inductrial injury, the accused to undertook 2009 occupational disease appraisal and inductrial injury are maintained with respect to the accused all consentient, to the accused 2008, 2009 mean monthly annuities (retire namely salary) it is 1016.19 yuan respectively, 1181.19 yuan consentient. The accused is one-time disable grant-in-aid pays a request, weigh a basis Chongqing company made the same score monthly wages 2009 2580 yuan 60% computation, accuser deals with the accused one-time disable grant-in-aid 21672 yuan, ask now complemental balance 5135.76 yuan.
Above fact, the word of case of intermediate of fatigue of a round flat piece of jade with a hole in its center that accuser is referred (2011) arbitrates the 9th number adjudication book, (2011) change one Sino-French civilian first book of the 00193rd civil ruling, time is the word March 16, 2010 " inductrial injury compensates for an agreement " , the identification of force of kinetic energy of fatigue of inductrial injury worker that the accused is referred (affirm) Jiao Gong of coal of conclusion advice note, red flag manages the situation of 21 people pension such as retired worker schedule, Wu Chunhua is expressed, and the judicial allegation of both sides of former, the accused, via qualitative card of front courtyard careful, enough is maintained.
This academy thinks, because the accused is diagnosed to be pneumoconiosis I period, the fact that makes class of inductrial injury land disable holds water. Should disable appraisal is affirmatory on January 29, 2010, accuser regards choose and employ persons as the unit ought to according to " byelaw of inductrial injury insurance " regulation and relevant file regulation pay inductrial injury salary to the accused.
" byelaw of inductrial injury insurance " this byelaw place that supplementary articles part provides calls him salary, it is to because the job suffers before the accident is harmed or contracting occupational disease 12,point to inductrial injury worker mean monthly lunar capture expends salary. This person pay prep above plans as a whole area worker is average salary of 300% , according to plan as a whole area worker is average 300% computation him; of salary salary under as a whole area worker is average salary of 60% , according to plan as a whole area worker is average the 60% calculative content of salary, those who fasten administrative regulations is mandatory regulation, both sides of this case Central Plains, the accused signed on March 16, 2010 " inductrial injury compensates for an agreement " in right one-time disable grant-in-aid recoups a portion, the month that received 2009 with the accused all annuities is computational standard 1181.19 yuan, but this computation standard under 2008 year whole city worker is mean monthly salary is 2248.75 yuan 60% namely 1349.25 yuan, this agreement is accordingly right one-time disable the conventional part of grant-in-aid, disobeyed " byelaw of inductrial injury insurance " of this one administrative regulations afore-mentioned mandatory regulation, should maintain to disable.
The request item that the accused arbitration applies disables to pay one-time inductrial injury grant-in-aid, this request item is accorded with " byelaw of inductrial injury insurance " in project of pay of inductrial injury insurance, accuser ought to be assumed pay to the accused one-time disable the responsibility of grant-in-aid. The accused belongs to personnel of emeritus occupational disease, its undertook 2009 occupational disease appraisal, inductrial injury is maintained, send according to change person company (2010)168 date file namely " the announcement that after resource of Chongqing city labor power and social security bureau retire about the worker, is diagnosed to be issue of wage of occupational disease inductrial injury " in 4, executive time limit. Inform to be carried out since October 1, 2010 oneself originally. Before informing print and distribute originally, personnel of retired worker occupational disease already undertook handling by policy no longer the regulation of retexture, because do not have evidence to prove the pay of occupational disease inductrial injury of the accused already pressed policy to undertake handling, the occupational disease inductrial injury of reason the accused is one-time disable grant-in-aid pay ought to company of applicable change person is sent (2010)168 date file sets and " byelaw of inductrial injury insurance " formulary processing. Change person company is sent (2010)168 date file pay of the 2nd inductrial injury is one-time disable grant-in-aid plan hair standard (one) in the provision is one-time disable grant-in-aid, with by the first time diagnose the treatment of provide for the aged that when be occupational disease, oneself receive worker of the year on whole town is mean monthly when prep above is diagnosed or appraisal is occupational disease salary of 300% , go up by whole town year worker is mean monthly salary 300% go up under whole town for computational base; year worker is mean monthly salary of 60% , go up by whole town year worker is mean monthly salary 60% for computational base, the time of occupational disease appraisal of the accused is 2009, the year on its namely worker of city of 2008 year Chongqing is mean monthly salary is 2248.75 yuan, because of its 2008, 2009 mean monthly annuities (retire namely salary) it is 1016.19 yuan respectively, 1181.19 yuan, all under worker of city of 2008 year Chongqing mean monthly salary 2248.75 yuan 60% namely 1349.25 yuan, answer namely according to this 1349.25 yuan / the month is computational base. Because the accused is to be in new " byelaw of inductrial injury insurance " (announced on December 20, 2010, carried out on January 1, 2011) the arbitral application that before carrying out, offers, this case ought to according to former " byelaw of inductrial injury insurance " the regulation is applicable, namely what land class disables is one-time disable grant-in-aid is calculated for 14 months, namely 1349.25 yuan / month 14 months =18889.5 yuan. Accuser should pay the accused one-time disable grant-in-aid 18889.5 yuan, because be opposite expenses of salary of insurance of this inductrial injury, the accused Liu is such-and-such 16536.24 yuan are gotten in prosecutor office, reason accuser still ought to pay the accused one-time disable grant-in-aid balance is 18889.5 yuan - 16536.24 yuan of =2353.26 yuan.