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[案情简介]南平石油分公司是一家参加工伤保险的企业,1999年7月11日本企业职工潘剑勇在下班回自己住处的必经途中,发生意外交通事故,经抢救无效死亡,根据南劳[2000]综048号批复,认定潘剑勇交通死亡事故为因工死亡事故,双方当事人对工伤认定都无疑议,但分公司在支付待遇问题上有分歧,认为不应由企业支付,企业属参保单位,而应由工伤保险机构支付,申诉人领不到抚恤金,提出申诉。[处理结果]根据闽劳锅[2000]6号文规定,职工上下班途中发生机动车交通事故而认定的工伤,不属于工伤保险待遇支付范围,此案应由企业承担,企业不服,以裁决结案。[评析]此案争议焦点是运用规章及对规章如何理解的问题。
[Brief introduction] Nanping Petroleum Branch is an enterprise participating in work-related injury insurance. On July 11, 1999, Pan Jiangyong, an employee of the enterprise, died on his way to get off work from his place of residence and an accidental traffic accident occurred. ] Comprehensive No. 048 approved that Pan Jian-yong traffic fatal accident as a result of accidental death, both parties identified no injuries on the work, but the branch on the issue of disagreement on payment, that should not be paid by the enterprise, the enterprise is an insured unit, Instead, it should be paid by the work injury insurance institution. The claimant received no pension and filed a complaint. [Treatment Result] According to the provisions of Minluo [2000] No. 6, the work-related injuries identified as motor vehicle accidents on the way to and from get off work shall not be covered by the payment of work-related injury insurance. The case shall be borne by the enterprise and the enterprise refuses to accept the ruling Closing. [Comment] The focus of the case controversy is the use of rules and regulations on how to understand the problem.