SPC upholds claim for employee’s death when working at home

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According to recent media reports, on 29 November 2017, the Supreme People’s Court dismissed an appeal by the Haikou City Human Resources and Social Security Bureau disputing a lower court ruling that a teacher’s death should be deemed as a work injury after the teacher died at home while working overtime.

On 15 December 2011, the teacher administered a test from 8:30pm to 10:30pm and began correcting the student examination papers that night at home. The next morning, the teacher was found unresponsive at home and died at 9:30am after medical treatment failed.

On 23 May 2012, the Haikou bureau issued an administrative decision declaring that the teacher’s death was not a work injury. The decision was upheld by the upper-level administrative authority.

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Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at danian.zhang@bakermckenzie.com

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