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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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REGULATION OF THE MINISTER OF SOCIAL POLICY 1)

of 14 December 2004

on the decision on incapacity to work

On the basis of art. 14 para. 6 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. 2) ) The following shall be managed:

§ 1. The Regulation shall specify:

1. the detailed rules and the procedure for the decision on the incapacity for work by the medical practitioners of the Social Insurance Institution, hereinafter referred to as 'the medical practitioners', and the medical commissions of the Social Insurance Institution, hereinafter referred to as ' medical committees `;

2) the detailed rules of the organisation of the decision on incapacity to work, including in particular:

(a) the place of action of the doctors '

(b) the means of establishing and abolishing medical committees,

(c) how the establishment of the medical commission and their territorial jurisdiction is determined,

(d) composition of the medical committee;

(3) the specific professional qualifications required by the medical practitioners and doctors in the medical committee;

4. detailed rules for the exercise of supervision of the performance of a decision on incapacity for work.

§ 2. 1. The doctor's adjudication shall issue a decision on the incapacity to work, hereinafter referred to as "the decision", on request:

1) the relevant business cell of the branch of the Social Insurance Institution, hereinafter referred to as "the plant"-in the cases of benefits paid by the Department;

2) entities other than those referred to in point 1-in matters belonging to their jurisdiction.

2. The application for a decision shall contain:

1) [ 1] name, date of birth, PESEL number and, in case of non-adoption of the PESEL number-the series and number of the identity card or passport, and the place of residence of the person in relation to which the decision is to be issued;

2) determining the purpose of issuing the decision and an indication of the circumstances which the doctor of the adjudication is required to establish.

3. The application shall be accompanied by a dossier covering:

1) a certificate of health issued by a doctor, under whose care the person in respect of whom the judgment is to be issued, issued not earlier than one month before the date of application;

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

3) medical and disability records and other documents relevant to the issuance of the decision, and in particular the documents referred to in § 5, the card of the preventive examination, the documentation of the medical or professional rehabilitation.

§ 3. 1. The branch of the plant within the prescribed period directs the person in respect of whom the decision is to be given, for the tests carried out by the medical examiner, the consultant's doctor, the psychologist, for additional research or on hospital observation.

2. In the event of a non-failure of the requested person for examination or observation for unjustified reasons, the referral to the test at the newly appointed date shall be made with a repayable reception, informing about the effects of the non-Vicenarization.

3. If the state of health found in a medical certificate prevents a personal application for examination, it may be carried out at the place of residence of the person in respect of whom the decision is to be issued, with her consent.

4. Failure to submit to the examination or observation within the newly appointed time limit referred to in paragraph. 2, without a legitimate reason or failure to express the consent referred to in the paragraph. 3, gives a waiver of further proceedings in the case.

§ 4. 1. The doctor adjudicate the decision on the basis of the documentation attached to the application and after conducting a direct examination of the state of health of the person against whom the decision is to be issued.

2. The doctor's decision may also issue a judgment without direct examination of the state of health of the person to whom it is to be issued, if the documentation attached to the application is sufficient to give the ruling.

3. The medical examiner may, before giving the decision, supplement the documentation accompanying the application, in particular the opinions of a consultant or a psychologist or about the results of additional or hospital observations.

4. The doctor's consultant and psychologist shall issue opinions on the basis of a direct examination of the state of health of the person in relation to which the decision is to be issued, and the analysis of medical and professional documentation.

§ 5. The doctor of the adjudication shall be bound by the following:

1) the decision of the authority of the State Sanitary Inspectorate for the determination of occupational disease;

2) the findings of an old age about the incapacity of professional retraining;

3) the decision of the units entitled to assess the physical and mental capacity of employees employed in positions directly related to the operation of the railway traffic.

§ 6. 1. The doctor of the adjudication shall determine the expected period of incapacity to work, taking into account the nature and degree of the impairment of the organism and the prognosis of the recovery of the ability to work.

2. Paragraph Recipe 1 shall not limit the powers of a person unable to work to notify an application for a study to change the degree of incapacity to work.

3. The promotion of professional retraining shall be ruled out if the applicant has permanently lost his capacity to work in the current profession and may regain his ability to work after retraining.

4. In the event of a decision on the advisability of professional retraining due to the incapacity to work in the current profession, the provisions of the paragraph. 1 and 2 do not apply.

§ 7. 1. A medical examinator may rule on the circumstances justifying the grant of a rehabilitation benefit if the person applying for an invalidity pension meets the conditions required to obtain the rehabilitation benefit, specified in cash benefits from social insurance in the event of sickness and maternity.

2. If the person applying for a rehabilitation benefit does not meet the conditions required to obtain that benefit, specified in the provisions referred to in the paragraph. 1, the medical examiner shall adjudicate on the incapacity for the person's work or the advisability of her professional retraining.

§ 8. Your doctor will work in the Department of Plant.

§ 9. 1. The President of the Plant shall establish and abolishing the medical committees and shall define their premises and territorial jurisdiction.

2. The President of the Company, creating and abolishing medical commissions, and specifying their premises and territorial jurisdiction, should take into account the following criteria:

1) the seat of the medical commission should be located in at least one branch of the Department of the Voivodeship;

2) a number of medical commissions should be established at the same premises, which will ensure the smooth handling of the objections and the allegations of malfunction.

§ 10. 1. The medical committee shall adjudicate in a three-person composition.

2. The medical committee shall adjudicate by a majority of votes.

3. The provisions of paragraphs 2 to 7 shall apply to the committee of medical treatment.

4. The head of the field organisational unit of the establishment in which the medical committees are located shall appoint the chairman of those committees.

5. Chairman of the medical committee, apart from meeting the requirements referred to in § 11 par. 1, shall have at least five years ' experience in the field of medical practice.

6. Chairman of the Committee of Medicans:

1) organize the work of the medical commission;

(2) examine the appeals lodged against the decision of the annuity authority on the basis of a decision of the medical committee, in order to determine whether new circumstances relating to incapacity for work or inability to stand alone have been identified in this appeal. of existence;

3) presents the position of the case law on the incapacity to work in cases in which judicial review proceedings are pending.

§ 11. 1. A medical examiner and a member of a medical commission may be a doctor who, in total, fulfils the following conditions:

1) is a specialist, in particular in the following fields of medicine: internal diseases, surgery, neurology, psychiatry, occupational medicine, social medicine;

2) has received training to the extent determined by the President of the Plant.

2. A member of the medical committee may not be a doctor at the same time.

§ 12. 1. Supervision of the execution of the adjudication of the incapacity to work by the medical examiners and medical committees, within the scope set out in the paragraph. 2, the President of the Company shall perform through the Chief Physician of the Department.

2. The supervision referred to in paragraph 2. 1, includes in particular:

1) review of the decisions of doctors of the case-law and of the medical committee in terms of substance and formal;

2. ordering the completion of medical or professional documentation, in particular by directing the person to whom the decision relates, to the examination by the consultants ' doctors, the psychologist, for an additional study or on hospital observation;

3. instructing the doctor or the medical commission to examine the case independently of the local jurisdiction;

4. the opinion of nominations for the post of chief medical examiner and the chairman of the medical committee;

5. carrying out the training of the main medical practitioners and members of the medical commission in the case-law on incapacity for work;

6. checking and certifying the qualifications of the chief medical practitioners and members of the medical commission in the case-law of incapacity for work.

§ 13. 1. Direct supervision of the execution of the adjudication of the incapacity to work by the medical examiners in the branch of the Department, within the scope set out in the paragraph. 2, the President of the Department shall perform through the chief medical examiner.

2. The direct supervision referred to in paragraph 2. 1, includes in particular:

1) a check on the correctness of the collection of documentation necessary for the issuing of the decision by the medical examiner;

2) audit of the decisions of the adjudicators of the case-law in terms of substance and formality

3. presentation to the general doctor of the Establishment Proposals concerning the decisions of the case-law of the case-law of the case-law of which there is a reasonable suspicion that they are not in accordance with the facts or principles of the case-law on incapacity for work;

4) an analysis of appeals brought against a decision of an annuity authority based on a decision of a medical examiner, in order to determine whether the appeal does not indicate new circumstances concerning incapacity for work or inability to stand alone of existence;

5) conducting training of the jurisprudence of the jurisprudence in the case-law on incapacity

6) check and determine the qualifications of the case-law of the case-law in the case-law on incapacity for work.

3. The main medical examiner shall, in addition to complying with the requirements of § 11 (1). 1, shall have at least five years ' experience in the field of medical practice.

§ 14. If the incapacity for work has been adjudicated for a fixed period, the pension shall be notified to the holder of the date of the suspension of the payment and of the conditions for reinstating the pension, not later than three months before the end of the period of entitlement to the period of entitlement to the pension. the right to this benefit.

§ 15. This Regulation shall enter into force on 1 January 2005. 3)

1) The Minister of Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 of the Regulation of the President of the Council of Ministers of 11 June 2004 on the detailed scope of the action of the Minister of Social Policy (Dz. U. Nr 134, pos. 1432).

2) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355.

3) From the date of entry into force of this Regulation, the Regulation of the Minister of Labour and Social Policy shall be repealed with effect from 8 August 1997. on the adjudication of the incapacity for work for annuity purposes (Dz. U. Nr 99, pos. 612), retained in force on the basis of art. 194 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

[ 1] § 2 (2) 2 point 1 in the wording set by § 1 of the Regulation of the Minister of Labour and Social Policy of 16 December 2011. amending the Regulation on the ruling on incapacity for work (Journal of Laws No. 286, item. 1683). The amendment came into force on 29 December 2011.