一起矽肺病诊断及其工伤认定与行政诉讼案例分析

A Case Analysis on Pneumosilicosis Diagnosis Involving Work Injury Appraisal and Administrative Litigation

摘要:
为探讨职业病诊断与工伤认定执行制度的准确性及其法律法规的适应性，对一起矽肺病诊断及其工伤认定与行政诉讼案例进行分析讨论，发现职业病诊断、工伤认定机构及审判机关在理解和执行制度上都有一定的偏差，且相应的规则也存在不足。因此，各相关执行机构应加强对规则的学习并严格依法执行，立法机关也要注意不断完善职业病诊断与工伤认定制度，以利保护当事人的合法权益。

Abstract:
This paper assessed the accuracy of executions in the diagnosis and appraisal of work injuries and the applicability of administrative litigation for a pneumosilicosis case. The case revealed deviations in understanding and implementation among judiciaries and institutions of occupational disease diagnosis and work injury appraisal as well as deficiencies in applied rules. Therefore, relevant executive agencies should strengthen study of applicable rules and prosecute their duties strictly in accordance with the relevant laws; the legislature should also pay attention to the constant improvement of the systems of occupational disease diagnosis and work injury appraisal in order to protect the legitimate right of the persons concerned.