论文部分内容阅读
《中国社会保障》杂志第2期刊登《劳动仲裁可否审理未经工伤认定的工伤待遇案件》一文,认为劳动争议仲裁委员会在审理未经劳动保障行政部门进行工伤认定的案件中,只要确定职工受伤时,符合我国工伤保险法规关于工伤的情形,可以认定为工伤,并依据有关规定处理相关待遇问题。四川省邻水县鼎屏义正法律服务所陈敦富认为仲裁委有权这么做:第一,《工伤保险条例》(简称《条例》)第十七条第二款规定,“用人单位未按前款规定提出工伤认定申请的,工伤职工或者其直系亲属、工会组织……可
”China Social Security“ magazine published in the second issue of ”labor arbitration can not hear the case of industrial injury treatment without injury,“ a text that the labor dispute arbitration commission in the trial without the labor and social security administrative department of work-related injuries identified as long as the workers identified as injured , In line with China's industrial injury insurance laws and regulations on work-related injuries, can be identified as work-related injuries, and in accordance with the relevant provisions of the treatment of related issues. Chen Dun-fu, a legal representative of Dingzheng Yisheng County, Sichuan Province, believes that the arbitration commission has the right to do the following: First, the second paragraph of Article 17 of the ”Industrial Injury Insurance Ordinance“ (the ”Regulations“) stipulates that ” Where the application for accreditation of work injury is made in the preceding paragraph, the employee of the injured worker or his immediate family members, the trade union organization ... may