【摘要】 采用案例分析法，通过事实重构，依据相关民事法律规定、职业病诊断法律法规和法理学等理论，对1例兼职工作所致职业性中暑患者的用人单位确定争议焦点开展法律适用分析，明确职业病诊断中用人单位认定的问题。职业病诊断机构将病例的用人单位归责确定为引起其职业性中暑的兼职单位，合理合法归责各责任单位，有效保护劳动者和用人单位、兼职单位各方权益。在职业病诊断中，应关注事实劳动关系，遵循“事故发生时实际用工单位担责”的原则，规范用人单位认定。卫生健康行政部门对职业病诊断工作具有监督责任，劳动者方可通过工伤保险先行支付机制保障其赔偿权。建议加快完善职业病诊断内部流程、加强法律法规宣传、提高职业病诊断医师能力等，以进一步保障劳动者的职业健康及其相关合法权益。更多还原

【Abstract】 This study analyzes the legal application of a dispute over employer identification in a case of occupational heat illness caused by part-time work to clarifying matters related to employer determination in occupational disease diagnosis using a case analysis method and factual reconstruction. The analysis is based on relevant civil laws and regulations, occupational disease diagnosis laws and regulations, and jurisprudential theories. The occupational disease diagnostic institution identified the part-time employer as responsible for the patient′s heat illness, which was both reasonable and lawful. This attribution safeguarded the rights of the worker, the primary employer, and the part-time entity. In occupational disease diagnosis, attention should be paid to de facto employment relationship, and the principle of "accountability lies with the actual employer at the time of the incident" should be followed to standardize employer identification. The health administrative department has supervisory responsibilities over occupational disease diagnoses. Workers′ compensation rights can be protected through the advance payment mechanism for work-related injury insurance. It is recommended to further improve internal procedures for occupational disease diagnosis, strengthen the dissemination of relevant laws and regulations and enhance the capabilities of occupational disease diagnosis physicians, to further protect workers′ occupational health and their associated legal rights.更多还原