"True Finger": More than a hundred employees of golf golf companies suffer from professional arms vibration disease, and the lack of civil compensation articles in the appraisal standards

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↑ Many workers show their white fingers

Red Star News reporterCai Xiaoyi Lan Jing internTang Mengjie

Blame丨 Deng Yiguang Editor Ren ZhijiangGuozhuang

In the case of cold hands,独家资讯 especially cold water, Hu Yunliang's fingers and workers' fingers will be numb and painful. Gradually, the symptoms are radiated from the end of the fingers to the proximal end. At first, it was gray, then pale, green, and then gradually became red., Until the recovery is restored.The whole process can last for several minutes to tens of minutes, and "I don't feel it with a needle".

Five years ago, Hu Yunliang was diagnosed with vibrational vibration disease in the Occupational Disease Prevention and Institute of Occupational Disease Prevention. The significant signs were white fingers and commonly known as white finger disease.In the same year, he was identified as a level 6 of employee injuries and occupational diseases.At the time of the onset, Hu Yunliang worked in Guangdong Zhongshan Guangsheng Sports Equipment Co., Ltd. (hereinafter referred to as Guangsheng Company). He has been engaged in the polishing work for 9 years and has been in contact with vibration, noise and dust for a long time.

After receiving a one -time work injury compensation, in 2019, Hu Yunliang filed a civil lawsuit against Guangsheng Company to apply for a total of 938,800 civil compensation, including the poor subsidy subsidy fee, nutritional expenses, transportation expenses and disability compensation compensation.The court of first instance judged 671,400 yuan in six items including 50%of the degree of labor capacity obstacles.The court of the last second trial ruled that it was returned to the retrial.

In 2021, the trial court only maintained a total of 11,300 yuan of civil compensation, nutritional expenses, and transportation expenses, and three applications, including disabled compensation, for disabled.The degree of disability of Hu Yunliang's occupational arm vibration disease cannot be performed, so there is no evidence to confirm that Hu Yunliang has a disability level for vibration diseases of the arms of occupational diseases. "

From 50%of the claims to non -supported civil compensation, from 471,300 yuan to 113,000 yuan, Hu Yunliang is not a case.The judge of the case has introduced that a total of 58 cases including Hu Yunliang have been returned to retrial, and the remaining 154 judgments support the full compensation amount and half of the compensation cases.There are more than 100 appellant in this series of cases.

According to China's trial process information disclosure network, on December 27, 2021, Hu Yunliang's appeal has been closedThe method of conclusion is "maintenance".But as of now,Both Hu Yunliang and many workers said they did not get the judgment."I got the judgment, and I could apply for a review." Hu Yunliang said.

As of March 2023, most of the workers have been with Guangsheng Company to lift the labor relationship, and after receiving work injury compensation, etc., they have made another way.However, many workers such as Hu Yunliang and Cao Jianhui have not yet given up civil compensation lawsuits.

After many workers were diagnosed with occupational diseases, Guangsheng Company also realized the harm caused by vibration operations.The company attached the vibration operating warning sign in the obvious position of the large grinding bed, and attached texts such as "harmful vibration" and "wearing protective gloves".

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"Discolor finger"

More than 100 workers in the factory afford to professional arms vibration disease

Rough grinding, fine grinding and then fine grinding, this is a must -have for golf balls.Workers must hold the ball with both hands and send them to high -speed rotating large grinders.The high -intensity vibration of the machine has also led to the beating of the ball. Workers Hu Yunliang introduced that the workers must put all the forces on their arms during grinding to fix the golf ball.

In August 2009, Hu Yunliang joined Guangsheng Company to engage in the polishing work of golf.This is a company founded in 1992. It is located in Zhongshan, Guangdong. There are more than 6,000 employees. The golf golfage products produced in the world are all over the world.

Hu Yunliang introduced that the salary and benefits of polishing production lines are better, but there are harmful factors such as vibration, noise, and dust. However, when they joined the job, the company did not inform the professional harmfulness and specific protection matters of the polished workers in advance.

At the beginning of the seventh year, Hu Yunliang found that his fingers had a strangeness.At the beginning of 2016, the temperature of Zhongshan, Guangdong, plummeted. Hu Yunliang rode a motorcycle to participate in the dinner of the workers. When he took off his gloves on the table, he found that his index finger was white and he did not see blood.He quickly poured hot water and warmed his hands, and he didn't consciously take a long time.Experienced workers introduced him, "This is polished."

Around 2016, after a large -scale arms vibration disease in Shenzhen had a large -scale arm vibration disease in Shenzhen, several Shenzhen social workers obliged to Zhongshan to popularize the knowledge of occupational disease prevention from Guangsheng workers.How to get onset, prevent and protect rights.

The worker Cao Jianhui found that his fingers turned white earlier than Hu Yunliang.Cao Jianhui was born in 1982. In 2002, he entered Guangsheng Company's polishing post with his family around 2002. In 2006, he found that his fingers were abnormal.No feeling. "

Public information shows that when long -term holding of high -frequency fast vibration tools such as electric diamonds, Feng Ho, and sand turbines, the vibration will affect the health of the hand and cause the arms to vibrate. The typical manifestations are vibration white fingers, commonly known as "white finger disease".Generally, the feeling of hemp, swelling, and pain will usually appear after cold, and the skin color changes from gray -white to pale, and the boundary is clear.

In April 2018, Hu Yunliang was diagnosed with vibration of professional moderate arms at the Guangdong Provincial Occupational Disease Prevention Institute.According to the diagnostic criteria of occupational arms vibration disease (GBZ7-2014), divide according to the scope of the sectation, which is mildModerate; all the knuckles of most fingers and even all of them are severe.

↑ Hu Yunliang's occupational disease certificate Interviewee confession

In November of the same year, the "Labor Proficiency Appraisal" issued by the Labor Capability Committee of the Zhongshan Municipal City showed that according to the State GB/T16180-2014 "Levels for Workers' Wounds and Occupational Diseases", Hu Yunliang suffered from professional moderate arm vibration diseases and was identified as as identified asEmployee injuries and occupational diseases are level six of the level (Note: the heaviest level, the lightest level in the tenth level).

An expert from the Guangzhou Centers for Disease Control and Prevention introduced to Hongxing News that the arms vibration disease is a legal occupational disease, and there is currently no special effects therapy.In recent years, the number of new reports of new reports in Guangdong Province has increased significantly, and it should cause workers to attract contacts with contacts (also known as local vibration).The Guangdong Provincial Safety Production Supervision and Administration Bureau also attaches great importance to it, conducting investigations on vibration -hazard industries such as golf balls and metal kitchenware and tableware manufacturing.

In 2018, according to the relevant provisions of the Zhongshan Social Insurance Fund Administration, Hu Yunliang Scripture and Guangsheng Company negotiated the labor relationship, and received 833,000 yuan in the one -time disability subsidy paid by the work injury insurance fund and the employer.

A few years after Hu Yunliang's diagnosis, many workers with similar symptoms in the factory also contacted him.Hu Yunliang provided a list of incomplete statistics compiled by him and workers. During the period from 2016 to 2020, more than 100 people were diagnosed as "white finger disease".

Hu Yunliang's labor ability appraisal letter respondents confessed pictures

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Civil compensation

The first instance was compensated by 50%of the degree of labor capacity obstacle to 470,000

According to the relevant provisions of the Professional Disease Prevention and Control Law of the People's Republic of China, in addition to enjoying work injury insurance in accordance with the law, occupational patients have the right to compensate for compensation in accordance with relevant civil law, and they have the right to make compensation requirements to the employers.As a result, after the compensation of the work injury, Hu Yunliang filed a lawsuit with the Civil Compensation in 2019 to the Zhongshan First People's Court (hereinafter referred to as Zhongshan First Council).

Hu Yunliang complained that he was in contact with vibration in Guangsheng Company for a long time and suffered from "professional moderate to the vibration of the arms", and Guangsheng Company had major faults.The occupational diseases they suffer from being cured in medicine, and will gradually deteriorate in the future, which will seriously affect the ability of labor and cause huge economic losses and mental damage to him and their families.The compensation for work injury benefits is insufficient to make up for the losses caused. According to relevant laws and regulations such as compensating for losses and fair principles, the court requests the court to order 6 civil compensation including Guangsheng Company to compensate for the disability compensation for a total of 938 million yuan.

The defendant Guangsheng Company argued that employees had unfortunately suffered from occupational diseases and had fully compensated work injuries, and the enterprise had assumed corresponding responsibilities.If companies still have to pay huge compensation, this is unpredictable or unbearable by enterprises."The level of work injury and disability is different from the level of personal damage. The level of work injury cannot be directly used as a disabled level." Therefore, Guangsheng Company submits a personal damage appraisal application to whether it constitutes personal damage and its level of work injury to the plaintiff ’s work injury.Appraisal.

The trial of Zhongshan First Hospital believes that the focus of the controversy in the case is whether Hu Yunliang's disability level needs to re -appraisal and deduct the relevant expenses in accordance with the standards of "Human Broken Disability".

The court pointed out that the Judicial Appraisal Center of Guangdong Qijiang and Southern Medical University Judicial Appraisal Center confirmed that there was no relevant clause to evaluate the degree of disability of the vibration of professional arm vibration in the "level of human damage and disability". ThereforeAppraisal cannot be performed."However, the reason for not being identified should not be completely attributed to Hu Yunliang, and Hu Yunliang did suffer from occupational diseases and had economic losses. It was calculated at 50%of the degree of labor capacity obstacles as appropriate."

In June 2019, the court of first instance judged that Guangsheng Company paid a total of 471,400 civil compensation for the plaintiff Hu Yunliang for disabled compensation for disability compensation.

Both Hu Yunliang and Guangsheng Company were unconvinced and appealed.In November 2019, the Zhongshan Intermediate People's Court (hereinafter referred to as Zhongshan Central Court) believed that the original judgment was determined that the basic facts were unclear, and the judgment was revoked and returned to the re -review.

↑ In 2019, the court of first instance judged 50%of the company's 671,400 yuan in the case of the company's 671,400 respondents based on 50%of the degree of labor capacity obstacles.

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Return to the re -trial

The lack of appraisal standards, 3 civil compensation such as disabled compensation compensation

In 2020, the Zhongshan First Hospital re -form a collegial panel in accordance with the law, and the application of ordinary procedures was opened to open trials in this case.Guangsheng Company still insists that Hu Yunliang advocates the difference between the amount of personal damage compensation and the amount of compensation for work injury. It must first prove that the facts and corresponding levels of human damage and disability must be proved.Hu Yunliang has not been able to prove it so far, and does not have the necessary conditions for claiming compensation for personal damage.

Guangsheng Company proposed that starting from January 1, 2017, the identification of human damage caused by injury should be uniformly applied to the latest "Holding Heritage of Human Benefits", and the scope of the application of the working standard is to determine the level of work injury and occupational diseases for use for the level of work injury and occupational disease.Determine the amount of compensation for work injury.The degree of "Holding Human Residual Disables" is adapted with the infringement liability law, and the work standards are not adapted to the infringement liability law.

In January 2021, the Hearing of the Zhongshan First Hospital believes that the focus of the dispute in this case is whether the dispute is to pay civil compensation.Similar to other workers, in the civil compensation applied for by Hu Yunliang, the compensation matters include two major pieces. One is the poor food subsidy, nutritional costs, and transportation expenses; the other is disability compensation, the living expenses and mental damage of the people.

In this trial, the court found that there was a causal relationship with the occupational disease of Hu Yunliang and the work experience of Guangsheng Company. It was caused by the infringement of Guangsheng Company.Three civil compensation applications for 3 items and transportation expenses for 3 applications for a total of 11,300 yuan.

Applications for disabled compensation, living expenses and mental damage for supporting people are not supported.The court believes that in accordance with the relevant provisions of the "Supreme People's Court on Several Issues of the Application of Laws in the Application of Personal Damage Compensation Cases", Hu Yunliang needs to verify the existence of infringement, cause and effect, and corresponding disability levels.In the lawsuit, the court commissioned the appraisal agency to identify the degree of disability of the vibration of the professional arm vibration disease in accordance with the standard of the "Human Body Disables" standard, but the Judicial Appraisal Center of the Southern Medical University and the Guangdong Hongli Judicial AppraisalThere is no relevant terms to evaluate the degree of disability of the vibration of professional arm vibration disease in the degree of damage to the degree of disability. It has not been accepted, that is, no evidence is confirmed to constitute the disability level."Therefore, Hu Yunliang advocated that he was disabled due to injuries, advocating for disability compensation, the lack of the basis for the living expenses and mental damage of the people, and no support for the relief."

↑ In 2021, the reconstruction of the Zhongshan First Hospital only maintained a total of 11,300 civil compensation for the food subsidy for food subsidies, nutritional expenses, and transportation expenses.

In the end, the Zhongshan First Hospital reiterated that Guangsheng Company paid 113,000 yuan in civil compensation to Hu Yunliang.

Because the compensation was less than 460,000 yuan less than the previous verdict, Hu Yunliang refused to appeal.In April 2021, the second trial of the case was tried in the Zhongshan Intermediate Court.

Hu Yunliang introduced that there were 20 similar cases that were tried together at the time, including him and Cao Jianhui, and they all returned to retrial.

In addition, Red Star News combed and found that as of March 2023, Guangsheng Company had a total of 329 cases of the defendant's health rights disputes, of which 45 were the first trial of the new trial in October 2022, and 131 have entered the second civil trial stage.

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 Three judgments:

Sending 58 re -reviews, the court said that the judgment needs to take into account multiple reasons

"Why do you have three different judgments such as disability compensation?" Hu Yunliang and many workers were confused about this, "Similar case judgments, the first is to support 100 % civil compensation; the second is to support 50 %; The third is that it does not support it after returning the re -review. "

In October 2021, Zhongshan Intermediate People's Court organized mediation.A transcript of the Zhongshan Intermediate People's Court shows that Li Yongyuan, a judge of the case, introduced them to them that 50 % of the judgment of the trial committee was discussed by the trial committee.Provincial senior courts instructed to attach importance to the case. The later court launched the trial supervision procedure and issued a review. There were 58 cases of such cases.The judgment supports 154 cases that support the full and half compensation. After the merger trial, the first instance entered the second instance stage.

↑ The interviewee confessed by the mediation transcript of Zhongshan Intermediate Court

According to the different judgments of the same case, Li Yongyuan explained that because the three cases of 100 % of the cases had taken effect, neither parties appealed, so they did not enter the retrial.The first instance of other cases was judged in accordance with the same judgment, and the later appealed to the second trial.

In addition, during this case reporting to the Provincial Higher Court, the Provincial High Court also provided many types of cases, of which three of them were all, and the time span was relatively long. "As for why you cannot directly judge the three effective judgments, this court can not be directly judged. The court is this court.In the trial, we must take into account multiple aspects and consider multiple conditions. "

As far as the case was delayed, Li Yongyuan explained, "It is not a delay, but that every stage of the case must be reported to the Provincial Higher Court ... In addition, the Zhongshan Court also has a large number of cases, and it is objective." Judges are also difficult. "Judges are also difficult." Judges.Li Yongyuan introduced that during the waiting judgment, the two sides could mediate themselves.

Subsequently, Hu Yunliang and Cao Jianhui learned from the China Trial Process Information Disclosure Network that on December 27, 2021, their appeals have been closed.The amount of the target of the case is about 10,000 yuan, and the method of settlement is "maintained".

The Civil Procedure Law stipulates that the court publicly and do not disclose the case. The court declares that the judgment shall be delivered to the judgment within 10 days.If the judgment is made on a regular basis, the judgment will be delivered immediately after the judgment.Hu Yunliang said that more than a year since the judgment, 20 workers, including him, have not received the judgment."As a result, it doesn't matter if good or bad. I can apply for a review." Hu Yunliang said.

In May 2022, a number of plaintiff's agent lawyer and Li Yongyuan urged the second instance judgment through mobile phone text messages.The judge Li Yongyuan replied that more than 150 appellabors were involved in this case. The hospital made every effort to mediate the case. In the case of confirmation of the mediation, he asked to obtain the approval party to pronounce the case that he was unwilling to mediate.At present, the court has successfully mediate some cases and is promoting the mediation process.

On March 17, Red Star News repeatedly contacted Li Yongyuan, and as of the time, no reply was received.According to the micro -signal of the Court of Judgment and Supervision of the Zhongshan Intermediate People's Court, according to the relevant provisions of the Supreme Court, the case in the trial, the judge and its department had no right to disclose any information.

↑ Guangsheng Company

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The company involved puts on the vibration operation warning sign

Control workers to engage in vibration work time

Guangzhou Daily reported in 2015 that the "25 new occupational diseases in the province" "Arm Vibration Disease" lost a factory.Chen Jiabin, then vice president of Guangdong Vocational Defense Council, revealed that the earlier hardware processing factory in Dongguan was found in several hardware processing plants in Dongguan.Atrophy, the diagnosis found that the nerves of the hand were damaged.The professional defense department intervened in the survey and found that as high as 70%of the factory in about 100 people suffered from the disease, and generally they could develop on the disease after 5 years of employment.Among several major golf products manufacturers in Guangdong, the incidence rate is as high as 50%.In 2014, a golf product factory in eastern Guangzhou was forced to close the door because dozens of workers became ill and most of the medical insurance compensation reached 400,000 yuan, and the factory was unable to compensate.It is reported that the vibration of the arm has caused the Guangdong golf product manufacturing industry. At present, only Shenzhen and Zhongshan have been produced, and the cases are still constantly occurring.

Regarding the corresponding measures of the company's frequent occupational diseases, Red Star News repeatedly called Wang Zhanqiang, the Health Management Department of Guangsheng Company, and hung up the phone after learning the request of the reporter and refused to interview.

It is understood that as of March 2023, most of the workers have dismissed their labor relations with Guangsheng Company, and after receiving work injury compensation, they have made another way.However, many workers such as Hu Yunliang and Cao Jianhui have not yet given up civil compensation lawsuits.Hu Yunliang said that he was unwilling to reconcile. "Even if you can't lose a penny, we hope to make things clear."

After leaving, Cao Jianhui returned to his hometown in Shaanxi. He had been bringing children at home because he could not find a job with his finger occupational disease.Hu Yunliang also returned to his hometown. In the evening of Chongqing, the joints of the joints were always painful.

Many workers from Guangsheng Company introduced that after a number of workers were diagnosed with occupational diseases, the company attached a vibration operating warning sign on the obvious position of the large grinding bed, with words such as "harmful vibration", "wearing protective gloves", and equipped with it.Seismic gloves.Since 2019, Guangsheng Company has demanded that the workers of polished jobs have been transferred for up to 3 years to control the time to engage in vibration work.

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