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2003年3月18日下午6时许,某县电信局×支局工作人员李某,在其工作区向几名用户收取电话费后,骑摩托车下班回家,途中遭遇车祸,肇事车逃逸。县交警大队认定责任由逃逸车负完全责任,李某对事故不负责任。2003年3月底,李某向县劳动仲裁委员会提出申请,要求确认为工伤。县劳动局审查认为,李某是在收取电话费下班回家路上遭遇车祸的,出车祸的地点是其下班回家的必经之路,根据《企业职工工伤保险试行办法》第八条:“在上下班的规定时间和必经路线上发生无本人责任或者非本人主要责任的道路交通机动车事故的,应认定为工伤”的规定,作出了《关于对县电信局职工李某认定为工伤的决定》。县电信局不服,认为电信局规定的下班时间为5:30,李某是在6点以后遭遇车祸的,不能认定为下班时间,因而不能按工伤对待,并据此向县人民法院提起了行政诉讼,请求法院撤销县劳动局的决定。法院审理认为:根据劳动部《关于对邮电企业部分工作岗位实行不定时工作
At 18:00 on March 18, 2003, Li County, Bureaux Bureau × branch staff Lee charged several users in their work area after the phone, riding a motorcycle home from work, suffered a car accident on the way, the accident car to escape. County traffic police brigade found responsible for the full responsibility by the escape car, Lee irresponsible for the accident. By the end of March 2003, Lee made an application to the County Labor Arbitration Commission for confirmation of a work-related injury. County Labor Bureau review that Lee is charging telephone bills on the way home from work in a car accident, the location of a car accident is the only way to go home from work, according to “Trial Measures for Workers’ Injury Insurance,” Article VIII: “In the provisions of time and commute on the route must occur without my own responsibility or primary responsibility for road traffic accidents, should be identified as work-related injuries,” made “on the county bureau staff identified Lee For the injury decision. ” County Bureau of Communications refused to accept that the bureau set off after get off work time is 5:30, Lee car accident was hit after 6 o’clock, can not be identified as off time, and therefore can not be treated as a work-related injury, and accordingly filed a county administrative court Litigation, request the court to cancel County Labor Bureau decision. The court held that: According to the Ministry of Labor, "on the posts and posts of some jobs in enterprises to implement occasional work