China's Supreme Court's latest judgement: sudden death from overtime at home, is it a workers' compensation?

1. The issue of sudden death when employees work overtime at home is always controversial. But if the employee work overtime at home voluntarily, and die of sudden illness. Controversy is even greater.

2.The case is : A teacher in a middle school, a math teacher and a teacher in charge of the high school department of the school, was the head teacher of the school's high school department. On the evening of 2011, The two classes in which he taught had a test. After the exam, the teacher returned home. At about seven o'clock the next morning, the schoolmate teacher found his abnormal condition in his home and immediately called 120 emergency center. The hospital came to the scene to rescue, but the final rescue failed to save the death. The hospital issued the "Medical Certificate of death of residents", which proved that the teacher died of sudden myocardial infarction and died at home. The approximate time interval between onset and death was "unknown." In the rescue record: "rescue period from 08:31 to 09:32 on November 16th 2011", "arrived at the scene, the patient has no heartbeat, breathing."

1. The school issued a certificate: "on the evening of November 15th 2011, from 20:30 to 22:30, a teacher finished the examination papers of the two classes overnight and analyzed the papers, as every Wednesday was the time for the study of mathematics teaching in our school". "on the evening of November 15th 2011, From 20:30 to 22:30, the teacher finished the examination from 20:30 to 22:30. In order to understand the students' learning situation in time, the teacher finished evaluating 107 math papers of the two classes overnight, and analyzed the papers. Each time the test was completed, the papers were approved that night. "this is a routine job." two teachers and colleagues also proved that the teacher was found to be acting strangely that night, and that he occasionally pressed his hand on his chest, and his face was not good.

2. On November 29th 2017, the Supreme Court of China issued a judgement: The Court held that the key to determining whether the case was a work-related injury was to see his illness. Whether the death occurred during "working overtime at home". The teacher's "Medical Certificate of death of residents" recognized the time of onset to death as "unknown," which resulted in that teacher's onset of illness during the period of overtime work. Or was it difficult to judge the industrial injury decision No. 2223-1 while in bed? according to the statement made by the teacher's colleagues who found themselves lying in bed the next morning, they decided that had gone to bed and rested at the time of his illness." as stated in the first and second instance, It is clear that this finding is not supported by sufficient evidence... Lying down in bed, possibly after the onset of the disease, unwell in bed, not necessarily death after going to bed. In the absence of relevant evidence to prove whether the illness and death of the workers occurred during working hours, and where it is difficult to determine, according to the principle that the workers' legitimate rights and interests are protected according to the determination of work-related injury bias, A positive presumption of fact, rather than a negative factual finding, should be made in favor of the worker.