AMENDMENT OF LAW NO 16,744 ON SOCIAL INSURANCE AGAINST THE RISKS OF OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES Having regard to the fact that the National Congress has given its approval to the following P r o y c t o d e l e y: the following amendments to Law No 16,744: 1. The fourth paragraph of Article 77, with the fifth paragraph, should be repealed. 2. Following Article 77, the following Article 77a, new: " Article 77a.-The worker affected by the rejection of a licence or a medical rest by the bodies of the Health Services, of the Institutions of Occupational Health or Employers ' Mutualities, based on the fact that the condition invoked has or does not have a professional origin, as the case may be, must appear before the governing body of the pension system to which it is affiliated, other than the which refused the licence or the medical rest, which would be obliged to take it immediately and to grant the benefits medical or pecuniary interest, without prejudice to subsequent claims and reimbursements, if they proceed, as provided for in this Article. In the situation provided for in the foregoing paragraph, any person or entity concerned may claim directly in the Superintendence of Social Security for the rejection of the license or the medical rest, and must be resolved, with competence exclusive and without further appeal, on the nature of the condition which gave rise to it, within 30 days of receipt of the records required or from the date on which the worker concerned has undergone the (a) the examination referred to in Article (a) (a); If the Superintendence of Social Security resolves that the benefits should be granted under a pension scheme different from that according to which they were provided, the Health Service, the Institute of Normative Standardisation, the Mutuality of Employers, the Family Allowance Compensation Fund or the Health Institution, as appropriate, shall reimburse the value of those to the managing body of the entity that the Solvent, owing to the latter carry out the respective requirement. This reimbursement must include the part that the worker had to finance in accordance with the pension scheme to which he or she is affiliated. The value of the benefits which, in accordance with the preceding paragraph, is to be reimbursed, shall be expressed in units of promotion, according to the value of the benefits at the time of their granting, with more the current interest for readjustable operations to which refers to Law No 18.010, from that moment to the date of the order of the respective refund, and must be paid within ten days, counted from the order, according to the value that the unit has at the time of payment cash. If such payment is made after the expiry of the period indicated, the sums due shall bear the 10% annual interest, which shall be applied on a daily basis to the point of order for payment. In the event that the benefits have been granted in accordance with the health regimes laid down for the common diseases, and the Superintendence of Social Security will resolve that the condition is of professional origin, the National Fund of Health, the Health Service or the Health Care Institution that provided them shall return the part of the reimbursement corresponding to the value of the benefits that has been granted to the worker, in accordance with the pension health system that is affiliated, with the respective readjustments and interests. The time limit for payment shall be ten days, counted from the time the reimbursement was made. If, on the other hand, the condition is qualified as common and the benefits have been granted as if their origin is professional, the Health Service or the Health Care Institution that made the refund must charge its affiliate the part of the value of the benefits to which it is payable, according to the health system in question, for which only the value of those benefits shall be considered. For the purposes of the reimbursements provided for in the preceding subparagraphs, the value of the medical benefits shall be deemed to be the equivalent of the equivalent to which the institution which awarded them charges them by providing them to private persons. "". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, June 12, 1995.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Guillermo Pérez Vega, Minister of Labor and Social Welfare. What I transcribe to Ud., for your knowledge.-Salutes to Ud., Patricio Tombolini Veliz, Social Welfare Undersecretary.