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因战、因公负伤致残的复员军人,到用人单位后旧伤复发的情形,并非典型意义上的“工作时间、工作场所、工作原因”的工伤,但工伤保险条例将此规定为视同工伤,享受与工伤职工同等的工伤待遇(一次性伤残补助金除外),立法本意更多的是基于社会保障的一体化与军人优抚的特殊化考虑。但是否为旧伤复发,劳动能力鉴定委员会的鉴定结论能否作为工伤认定的依据,则是司法实践中的争议焦点。
In the typical sense of “working hours, workplace, work reasons,” the work-related injury was not caused by the war, the demobilized soldier who was criminally disabled or wounded because of a public injury and was later injured by an employer. However, the provisions of the Work Injury Insurance Ordinance As a work-related injury, to enjoy the same work-related injury and injured workers (except for one-time disability allowance), the legislative intention is more based on the integration of social security and military special care considerations. However, whether the recurrence of old wounds or whether the appraisal conclusion of the appraisal committee of labor ability can serve as the basis for the identification of work-related injuries is the focus of controversy in judicial practice.