劳动能力鉴定标准实践问题及思考

Problems and Thoughts of the Labor Ability Assessment Standard Practice

劳动能力鉴定标准的科学性关系到工伤职工的切身利益。现行劳动能力鉴定标准存在以下问题:鉴定核心条件不够明确,级别划分及类比划分级别不够合理,两级间的评定不够明确,原发疾病和继发伤不够明晰,暂时性和永久性功能损害区分不够明确,辩伪条件设置不够周密,残情晋级原则不够合理,体力和脑力劳动区分不够明晰等。

The rationality of labor ability appraisal standards is important to the benefit of injured workers. There are several problems lying in the present labor ability appraisal standard： the ambiguity of core mandate, the irrationality of the level measurement and catalog, the unclearness between adjacent levels, the uncertainty between primary disease and post injury, the unintelligiblity between temporary and permanent dysfunction, the heedlessness for the pseudo debate condition, the irrationality for the residual injury promotion principle, and the unclearness of physical and mental labor discrimination, etc.