Regulation Of The Minister Of Social Policy Of 14 December 2004 On The Rule Of Incapacity For Work

Original Language Title: ROZPORZĄDZENIE MINISTRA POLITYKI SPOŁECZNEJ z dnia 14 grudnia 2004 r. w sprawie orzekania o niezdolności do pracy

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On the basis of article. 14 paragraph 1. 6 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (Journal of laws of 2004, no. 39, item 353, as amended. 2)) are managed as follows: § 1. The regulation defines: 1) the detailed rules and rule on the incapacity by the social insurance examiners, hereinafter referred to as "medical orzecznikami", and the social insurance medical committees, hereinafter referred to as "medical committees";

2) detailed rules for the organisation of the adjudication of incapacity for work, including in particular: a) the place of operation of medical examiners, b) how to create and the abolition of the Commission, c) how to specify the Medical Commission and their territorial jurisdiction, d) Medical Commission;

3) specific professional qualifications required of the medical examiners and doctors within the Medical Commission;

4) detailed rules for the supervision of the exercise of the jurisdiction of incapacity for work.

§ 2. 1. doctor removal ruling of incapacity for work, hereinafter referred to as "the decision", at the request of: 1) proper organizational cells branch of social security, hereinafter referred to as the "Establishment" in matters of benefits paid by the Company;

2) entities other than those referred to in paragraph 1, in matters within their properties.

2. The application for a decision contains: 1) [1] name, date of birth, social security number, and in the event of a lack of social security number-series and number of the identity card or passport, as well as the place of residence of the person against which it is to be issued the judgment;

2) term to give a ruling and an indication of the circumstances that the doctor predicate is obliged to determine.

3. The application shall be accompanied by documentation covering: 1) certificate of Health issued by a doctor, whose medical care is a person, in relation to which it is to be issued the judgment, issued not earlier than one month before the date of submission of the application;

2) interview professional concerning the nature and type of work;

3) medical and rentową and other documents of relevance to the judgment, and in particular to the documents referred to in § 5, study prophylactic, rehabilitation or professional documentation.

§ 3. 1. A branch Establishment within the prescribed period, direct the person in respect of which it is to be issued a judgment on the research carried out by the examiner, a consultant psychologist, additional research or hospital observation.

2. If the requested person does not appear for an examination or observation without justified reasons, refer to the study in the newly prescribed period is made by turning the acknowledgment of receipt, informing them of the consequences of failure to appear.

3. If the State of health of the found in the certificate medical personal to prevents test, it may be carried out at the place of residence of a person, in relation to which it is to be issued the ruling, with its consent.

4. Failure to study or observation in the newly prescribed period referred to in paragraph 1. 2 without reasonable cause or opting out, referred to in paragraph 1. 3, resulting in withdrawal from further proceedings in the case.

§ 4. 1. doctor predicate takes a decision on the basis of the documentation attached to the application and after the direct examination the health status of the people, which is to be issued.

2. The doctor predicate may issue a decision without direct health examination the person against whom it is to be issued, if the documentation for the application is sufficient to give a ruling.

3. The doctor removal may, before issuing a decision, make up the documentation that is included with the application, in particular the reviews physician consultant or psychologist or the results of the additional tests or hospital observation.

4. The doctor consultant and psychologist issue opinions on the basis of direct health person, in relation to which it is to be issued a judgment and analysis of medical records and professional.

§ 5. The doctor in accordance with the judgment is bound: 1) by decision of the authority of the state sanitary inspection in terms of finding an occupational disease;

2) findings of about lack of opportunities vocational retraining;

3) judgment of units entitled to evaluate the ability of physical and mental workers in positions directly related to rail traffic.

§ 6. 1. doctor predicate determines the expected period of incapacity for work, taking into account the nature and degree of the violation of the body's efficiency and the prognosis of recovery of working capacity.

2. the provision of paragraph 1. 1 does not limit the powers of the person is not able to work for the request for examination in order to change the degree of incapacity for work.

3. The desirability of vocational retraining is, if the applicant for the provision of permanently lost the ability to work in an existing profession and can recover the ability to work after retraining.

4. in the event of a decision on the advisability of retraining due to the inability to work in current occupation the provisions of paragraph 1. 1 and 2 do not apply.

§ 7. 1. Your doctor may order removal of the circumstances justifying the provision of rehabilitation, if an applicant for a pension for incapacity for work meets the conditions required to obtain rehabilitation benefits, referred to in the rules about the cash benefits from social insurance sickness and maternity benefits.

2. If the applicant for the provision of rehabilitation does not meet the conditions required to obtain this benefit, referred to in the provisions referred to in paragraph 1. 1, the doctor predicate rules of incapacity for work or of the advisability of its vocational retraining.

§ 8. Doctor removal works in the branch plant.

§ 9. 1. the President of the plant creates and removes medical committees and determines their seat and territorial jurisdiction.

2. the President of the establishment, by creating and supporting medical committees and specifying their headquarters and territorial jurisdiction, should take into account the following criteria: 1) the seat of the Medical Commission shall be in at least one branch office in the administrative Establishment;

2) in a single seat should be created such a number of the Commission, which will ensure the smooth processing of cases brought before the opposition allegations of defects.

§ 10. 1. Medical Commission rules in the composition of the triple.

2. Medical Commission decides by majority vote.

3. Medical Commission shall apply mutatis mutandis the provisions of § 2 – 7.

4. the head of the organizational unit field establishment, in which they are established a medical Commission, shall designate the Chairman of the Commission.

5. The President of the Commission, in addition to meeting requirements referred to in § 11 para. 1, should have at least five years ' experience in the field of medical jurisprudence.

6. the President of the Medical Commission: 1) organize the work of the Medical Commission;

2) examines the appeal lodged against the decision of the authority scheme issued on the basis of the decision of medical Commission, in order to determine whether the appeal not indicated new circumstances relating to incapacity for work or incapacity to independent existence;

3) shows the position of the scope of the case-law of incapacity for work in cases in which judicial appeal.

§ 11. 1. Your doctor orzecznikiem and a member of the Medical Commission may be doctor who including meets the following conditions: 1) is a specialist, in particular in the following areas of Medicine: internal medicine, surgery, Neurology, psychiatry, occupational medicine, social medicine;

2) training to the extent determined by the President of the Establishment.

2. a member of the Medical Commission may not be the doctor orzecznikiem.

§ 12. 1. Supervision of the exercise of the jurisdiction of incapacity for work by medical examiners and medical committees, to the extent specified in paragraph 1. 2, the President of the Establishment performs through the chief physician of the plant.

2. The surveillance referred to in paragraph 1. 1, includes, in particular: 1) control of the decisions of the examiners and of medical Commission in terms of substantive and formal;

2) Outsourcing supplement medical or professional documentation, in particular by the referral of the person to whom the decision relates, the study by the consultants, a psychologist, to investigate further or hospital observation;

3) outsourcing the doctor medical examiner or the Medical Committee consider the matter, regardless of the jurisdiction;

4) reviewing candidatures for the post of the principal examiner and the President of the Medical Commission;

5) conducting training major medical examiners and members of the Commission in the field of medical jurisprudence of incapacity for work;

6) checking and assessing the qualifications of the main medical examiners and members of the Commission in the field of medical jurisprudence of incapacity for work.

§ 13. 1. Direct supervision of the exercise of the jurisdiction of incapacity for work by medical examiners at the Branch Office of the establishment, within the range specified in paragraph 1. 2, the President of the Establishment performs through the main examiner.

2. Direct supervision referred to in paragraph 1. 1, includes, in particular: 1) control in terms of the regularity of the collection of the documentation necessary to the judgment by the examiner;


2) control decisions of Examiners in terms of substantive and formal;

3) representation of the doctor, as well as in the plant proposals for decisions of the examiners, for which there is a reasonable suspicion of lack of compliance with the facts or principles of the case law of the incapacity to work;

4) analysis of appeals from the decision of the authority scheme issued on the basis of the judgment of the examiner, in order to determine whether the appeal not indicated new circumstances relating to incapacity for work or incapacity to independent existence;

5) training medical examiners in the field of case-law on incapacity for work;

6) checking and assessing the qualifications of examiners within the scope of the case-law of incapacity for work.

3. The main doctor removal, in addition to meeting the requirements set out in § 11 para. 1, should have at least five years ' experience in the field of medical jurisprudence.

§ 14. If incapacity for work has been ordered for a specified period, the scheme not later than three months before the termination of the right to a survivor's pension shall periodically inform the person of the date withhold and on the conditions of the restoration of the right to this benefit.

§ 15. The regulation shall enter into force on 1 January 2005.3) 1), the Minister of social policy directs Government Administration Department – social security, on the basis of § 1 para. 2 regulation of the Prime Minister of 11 June 2004 on the detailed scope of the Ministry of social policy (OJ No 134, poz. 1432).

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2004, no. 64, item. 593, no. 99, item. 1001, no. 120, item. 1252, no. 121, item. 1264, no. 144, item. 1530, no. 191, item. 1954, # 210, poz. 2135 and # 236, poz. 2355.3) on the date of entry into force of this Regulation shall be repealed the Ordinance of the Minister of labour and social policy of 8 August 1997 on the rule on incapacity for the purpose of funding services (Journal of laws No. 99, item 612), preserved in force pursuant to article. 194 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund.

[1] § 2. 2 paragraph 1 shall be inserted to be determined by § 1 of the regulation of the Minister of labour and social policy dated 16 December 2011. amending Regulation on the rule on incapacity for work (OJ # 286. 1683). Revision came into force December 29, 2011.

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