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随着《中华人民共和国职业病防治法》和《职业病诊断与鉴定管理办法》(卫生部令91号,以下简称《办法》)等法律法规颁布实施并逐步完善,劳动者的健康意识和自我保护意识不断加强,来职业病诊断与鉴定机构就诊的人数逐年增加,但现行的《办法》对职业病鉴定费缴纳时间以及无责的用人单位是否应该缴纳,由于法律没有明确规定而引发争议。现对一起劳动者异地进行两次职业病诊断申请及鉴定后,用人单位未缴纳鉴定费用而产生争议的事实进行分析与探讨,
With the promulgation and implementation of “Law of the People’s Republic of China on Prevention and Treatment of Occupational Diseases” and “Administrative Measures on Diagnosis and Identification of Occupational Diseases” (Ministry of Health Decree No. 91, hereinafter referred to as the “Measures”) and other laws and regulations promulgated and gradually improved, laborers’ awareness of health and self-protection The number of people who come to medical institutions for diagnosis and appraisal of occupational diseases has been increasing year by year. However, the current “Measures” should pay controversy over the time of payment of appraisal fees for occupational diseases and whether employers should pay them without due liability because the law does not clearly stipulate them. Now with a laborer offsite diagnosis and application of two occupational diseases and identification, the employer did not pay the cost of identification and controversial facts to analyze and discuss,