Tian Wen and Ming brothers
A native of Dabeigou Village, Tianshangdu County, Inner Mongolia, 1983 went down to the coal mine of Hecheng Mining Bureau in Shaanxi Province and worked in Quanjiahe Coal Mine, Tongjiahe Coal Mine and Wangcun Coal Mine successively. He has been engaged in underground mining in coal mines for more than 20 years. Because they are migrant workers, they were dismissed from the mine after eight years of work, and they were recruited again after completing the formalities, but the previous length of service is not counted. He was regarded as a new worker, so he was hired.
Tian Wen,
From June 5, 2004 to 10, Hecheng Mining Bureau organized miners to check in the central hospital of Mining Bureau, established the health records of employees, and identified the suspected occupational diseases. In 2005, these miners received a unified occupational disease examination in Weinan CDC, and the patients with occupational diseases were diagnosed. On June 19, 2006, Shaanxi Provincial Occupational Disease Identification Center, Shaanxi Provincial Labor Ability Appraisal Committee, xi Central Hospital and Shaanxi Provincial Labor and Social Security Department jointly organized the occupational disease diagnosis and identification of the confirmed occupational disease patients. On February 9, 2007, it was recognized as a provincial-level work-related injury. On March 18, 2007, the Shaanxi Provincial Labor Ability Appraisal Committee made a conclusion on labor ability appraisal. Tian Wen was identified as a' level 4' disability. On March 28th, Tian Wen signed the word "agree" on the notice of "Level 4" appraisal conclusion, but the appraisal conclusion was not delivered to him. On May 1 2007, the labor department in the mine officially stopped Tian Wen's work, let him stay at home for treatment and rest, and pay back some living expenses and reimburse medical expenses every month.
In 2008 1 month, when the' disability certificate' was issued, it was a' level 6' disability certificate, and he resolutely opposed it. Tian Wen asked the mine to send me a notice of conclusion of labor ability appraisal and a certificate of occupational disease diagnosis. The mine said that it hasn't been brought back yet, and it will be given when it is brought back. So far, the results have not been sent to Tian Wen himself. According to Article 15 of the Administrative Measures for Occupational Disease Diagnosis and Appraisal, after making the occupational disease diagnosis, the occupational disease diagnosis institution shall issue the occupational disease diagnosis certificate to the parties concerned. ..... occupational disease diagnosis certificate in triplicate, one for the employee, the employer and the party concerned, and one for the diagnosis institution. " But Tian Wen didn't get his due rights.
From June 5438+1October 65438+May 2008, the mine stopped giving him living expenses and social insurance, and I don't know what to do with my future life.
Tian Ming was born in Dabeigou Village, Shangdu County, Inner Mongolia on August 26th, February, 1959. August 1983 was recruited as a farmer rotation worker by Quanjiahe Coal Mine of Hecheng Mining Bureau, Shaanxi Province, and an accident occurred underground on June 1996. Quanjiahe Coal Mine went bankrupt in 2000.
Because my left hand and metacarpal bones are open. Comminuted fracture took part in the work injury appraisal. In 2002, the appraisal result of disability in Quanjiahe Coal Mine came out. I was appraised as a sixth-grade disability, and 350 yuan disability allowance was paid every month.
200 1, I was recruited as a farmer rotation worker by Wangcun Coal Mine.
In 2004, according to the national regulations, Wangcun Coal Mine established health records for employees and conducted health checkups. I was diagnosed with pneumoconiosis.
In 2005, the labor department of Wangcun Coal Mine assigned a special person to be in charge, and the occupational disease department of Xi 'an Central Hospital gave us an appraisal of pneumoconiosis.
On the morning of June 5438+065438+1October 9, 2008, Wangcun Coal Mine gave me another occupational disease diagnosis according to the notice of the industrial injury treatment center of Hecheng Coal Company.
On May 2010/6, I went to work, and the secretary informed me that I was not allowed to continue working in the mine.
On may 10, 17, I went to the labor department, and the labor department gave me a transfer order to transfer me back to the labor department, and then told me that you were disabled and retired and could not work any more, and then asked me to go through the formalities of leaving the mine list. I asked the mine to give me a pneumoconiosis examination, but the mine didn't agree.
201May 17 Wangcun Coal Mine dismissed me, saying that I was disabled and retired in Quanjiahe Coal Mine, and the policy stipulated that I could not work.
I ask Wangcun Coal Mine 1 to refund my deposit. I worked in Wangcun Coal Mine for 10 years, and signed 6 labor contracts with Wangcun Coal Mine, which gave me the labor contract. Work for 10 years, and give economic compensation for 10 years.
On 20/0/0, I went to Beijing Chaoyang Hospital for pneumoconiosis examination on May 30th. The examination result of Beijing Chaoyang Hospital was pneumoconiosis 1.
On July 5th, 20 10, I went to Heyang County Labor Arbitration Committee to request labor arbitration: ① arbitrate Wangcun Coal Mine according to law and issue me five previously signed labor contracts; (2) According to the provisions of the Law on the Prevention and Control of Occupational Diseases, copy my occupational health records to me and other matters.
The Labor Arbitration Office informed me that the trial would be held in August 1 1, but Wangcun Coal Mine refused to ask for leave, and the result was delayed. Finally, the Labor Arbitration Office informed me that I had retired, and my question did not fall within its scope of acceptance.
I was diagnosed as pneumoconiosis by Xi Jiaotong University, Beichao Hospital, Institute of Pneumoconiosis of Shaanxi Coal Industry and Chemical Industry Group Company and many other hospitals.
On September 20th, 20 10, I entrusted Shi Hongliang, a lawyer of Shaanxi Binghui Law Firm, as an agent ad litem.
20 10 On September 24th, Shaanxi Binghui Law Firm entrusted Shaanxi Jinzhong Judicial Appraisal Center to appraise the disability grade of pneumoconiosis, and the follow-up treatment of the disease still costs money.
Appraisal conclusion of Shaanxi Jinzhong Judicial Appraisal Center:
Appraiser Tian Ming, currently suffering from pneumoconiosis and moderate restrictive ventilation disorder in lung function, is now assessed as grade 6 disability;
Appraiser Tian Ming needs the following points: 1. Anti-pulmonary infection treatment, with an annual cost of about RMB 8,000 to RMB 10,000 (￥ 8,000.00-10000.00); 2. Lung lavage treatment costs about 10,000 to 15,000 yuan per year (RMB:10000.00-15000.00).
On 2010165438+129 October, my lawyer and I went to Heyang county court to file a case, but no case has been filed yet. I really don't know what to do now.
My unit is Wangcun Coal Mine of Shaanxi Coal Hecheng Mining Co., Ltd., and the address is Wangcun Coal Mine of Heyang County, Shaanxi Province.
The telephone number of mine manager and director of mine office is 0913-679018, and the mobile phone number of mine manager 18992302666.
Tian Ming telephone 09 13-6790488, mobile phone 13093962326.
Tian Wen Mobile13152377246 QQ1584469830