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李某在某食品公司从事运输工作,1998年,李某为公司送货时发生交通事故,经鉴定为二级伤残,完全丧失劳动能力。事故发生后,交警大队认定:该交通事故系李某违章所致,李某负完全责任。某食品公司以李某受伤是自己违章所致为由不予工伤赔偿。李某诉至仲裁委员会。本案事实清楚,争议的焦点在李某是否属于工伤,对这一问题仲裁委在进行讨论时有两种截然相反的意见。一种意见认为:李某不属工伤。其理由是:李某虽然是履行职务受伤,但其受伤是由于李某本人违章驾车发生交通事故,且李某对该交通事故负全部责任,李某的情形符合《企业职工工伤保险试行办法》
Lee in a food company engaged in transport work, in 1998, Lee for the company when the delivery of traffic accidents, identified as two disabled, completely lost the ability to work. After the accident, traffic police brigade found: the traffic accident caused by Lee illegal, Lee negative full responsibility. A food company to Lee injured himself is not due to work-related injury compensation. Lee sued the Arbitration Commission. The facts of this case are clear and the focus of controversy is whether Lee is an occupational injury or not. There are two diametrically opposed opinions on this issue raised by the Arbitration Commission during its discussions. A view that: Lee is not a work-related injury. The reason is: Although Lee was injured in the performance of his duties, but his injury was due to traffic accidents Lee himself driving in violation, and Lee took full responsibility for the traffic accident, Lee's case in line with “Trial Measures for Workers Wage Insurance”