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《福建劳动和社会保障》杂志2003年第四期刊登的《该起工伤赔偿争议案应否中止审理》一文,介绍了劳动者熊某某在工作过程中负伤,当地劳动行政部门当作《工伤认定》,认定熊某某所受伤害为工伤,该用人单位以工伤认定尚处行政复议和行政诉讼时效未生效为由,申请劳动仲裁部门中止本案审理。究竟该不该中止本案的审理?笔者认为不应该中止审理。理由之一:依据劳部发(1996年)266号《企业职工工伤保险试行办法》之规定,劳动行政部门是认定工伤的法定职能部门,其作出的《工伤认定结论》具有
“Fujian labor and social security” magazine published in the fourth issue of 2003, “the motion compensation dispute whether the trial should be discontinued”, introduced the worker Xiong Moumou injured in the work process, the local labor administration as a “work injury Found that Xiong Moumou injury suffered as a work-related injury, the employer to work injury is still considered administrative reconsideration and administrative litigation ineffective grounds to apply for labor arbitration department to suspend the trial. After all, should not this case be suspended? I do not think the trial should be suspended. One of the reasons: According to Laibufa (1996) No. 266, ”Trial Measures for Work-related Injury Insurance for Enterprise Employees“, the labor administration department is the statutory functional department that determines the work-related injury and the conclusion of ”work-related injury conclusion" made by it is