On the re-diagnosis of occupational diseases
10.20001/j.issn.2095-2619.20241201
- VernacularTitle:论职业病再诊断
- Author:
Shijie HU
1
Author Information
1. Guangdong Province Hospital for Occupational Disease Prevention and Treatment, Guangzhou, Guangdong 510300, China
- Publication Type:Journal Article
- Keywords:
Occupational disease;
Re-diagnosis;
Occupational disease diagnosis;
Right relief;
Worker;
Employer
- From:
China Occupational Medicine
2024;51(6):601-605
- CountryChina
- Language:Chinese
-
Abstract:
China's occupational disease diagnosis and identification system has the working mode of "one-time diagnosis, two-level identification", with the provincial-level identification serving as the final judgment. The re-diagnosis of occupational disease refers to the re-application for an occupational disease diagnosis, which is submitted to the occupational disease diagnosis institution by the party, after the initial occupational disease diagnosis or identification has become effective. It is a special procedure for legal remedy that allows the party involved to better ensure the fairness of the occupational disease diagnosis and protect their rights. China's occupational disease diagnosis system has not specifically outlined the initiation conditions for initiating an occupational disease re-diagnosis. The conditions for initiating occupational disease re-diagnosis can be determined by referring to the initiation conditions of retrial in judicial litigation procedures. The "new evidence" for the re-diagnosis of occupational disease includes: i) "formal" new evidence, meaning evidence discovered after the completion of the occupational disease diagnosis or identification, or evidence that was not submitted during the diagnosis or identification process but is not the responsibility of the party to submit it; ii) "substantial" new evidence, meaning evidence that, upon preliminary judgment, could change the original occupational disease diagnosis or identification conclusion. The initiating entities for occupational disease re-diagnosis should be considered firstly to stakeholders such as employees and employers. Occupational disease re-diagnosis of current occupational disease diagnosis system content is only listed in departmental document. Because of its low legal status and lack of specific implementation regulations, it is difficult to execute in practice. It is necessary for the country to legislate the entity and procedural legalization of occupational disease re-diagnosis within the occupational disease diagnosis system to effectively protect the legitimate rights and interests of employees and employers.
