案例回放本刊2006年第8期刊登案例反映,一伤残军人分配到企业工作后旧伤复发,2003年4月经劳动保障行政部门认定为工伤并鉴定为伤残4级。该职工从1994年起就停薪留职,社保机构按其缴费工资的了5%核定了该工伤职工的伤残津贴和一次性伤残补助金。但该职工认为应按其档案工资或单位职工平均工资作为其缴费工资基数,与社保机构发生争议。社保机构的做法是否有误?该职工能否就此提起行政复议和行政诉讼? Case review Issue No. 8, 2006 Issue case reflects that a disabled soldier assigned to work after the old injury recurrence, in April 2003 by the labor and social security administrative department identified as work-related injuries and identified as disabled 4. Since 1994, the worker left without pay and the social security agency approved the disability allowance and the one-time disability allowance for the injured worker at 5% of their paid wages. However, the worker thinks that he or she should contend with the social insurance agency according to the salary of his or her file or the average wage of the employee. Is there any mistake in the practice of social security agencies? Can the workers bring an administrative reconsideration and administrative litigation?