By Order TIN/971/2009 of 16 April 2009 establishing the compensation of transport costs in cases of health care arising from professional risks and appearances for the conduct of examinations or medical assessments, the intention is to put an end to the lack of provision of legislation in the legal system for the compensation of transport costs in cases of health care resulting from accidents at work and disease professional, satisfied by the workers by reason of their displacements in means of ordinary transport.

In Article 1 of that order, it is established, in that sense, that the travel expenses incurred by the beneficiaries of health care arising from occupational risks shall be borne by the managing body or (a) mutual occupational accidents and occupational diseases of social security which, in each case, cover the risks as an integral part of the provision of health care referred to in Article 11 of Decree 2766/1967, 16 of The European Council of the European Community, the Council of the European Community, and the medical services in the General System of Social Security.

The order also has as its regular objective, more fully than that applicable at that time pursuant to the provisions of the Order of 18 January 1996, the right of workers to be compensated for the costs of transport which may originate as a result of the hearings for the conduct of examinations or medical assessments. This regulation is carried out in Article 2 of Order TIN/971/2009 of 16 April 2009, establishing for that purpose that in the cases of appearances required by the managing or mutual entities of occupational accidents and diseases In the case of medical examinations or assessments, in the case of processes arising from both common and professional contingencies, the costs of transport incurred shall be the subject of the corresponding compensation.

For the effective implementation of the provisions of that order, it is necessary to issue the necessary instructions for implementation and development, specifying and clarifying in particular the specific cases in which the the payment of the compensation, in particular where the taxi is used for the posting, as well as the procedure for carrying it out.

This resolution therefore has the purpose of regulating the compensation of the costs of transfer in cases of health care arising from professional risks and of appearances for the conduct of examinations or assessments medical, in processes derived from both common and professional contingencies.

By virtue of the above, this Secretary of State, in use of the powers of application and development attributed in the final disposition of the repeated Order TIN/971/2009, of April 16, resolves:

First. Subjective scope of application. -Compensation of the cost of the transfers necessary for receiving health care in ordinary means of transport will be applied to the beneficiaries of the health care resulting from accident of work and occupational disease referred to in Article 11 of Decree 2766/1967 of 16 November 1967 laying down rules on the provision of health care and the management of medical services in the General System of Safety Social.

In addition, they will be entitled to compensation for transportation expenses who bear such expenses as a result of their appearance for the conduct of medical examinations or assessments required by the Valuation Team. Disability within the powers conferred on the National Institute of Social Security and the functions assigned to the aforementioned Valuation Teams in Articles 1 and 3, respectively, of Royal Decree 1300/1995 of 21 July 1995 On the subject of labour disabilities in the social security system, the Commission Law 42/1994 of 30 December 1994 on fiscal, administrative and social measures.

They shall also be entitled to the said compensation for the costs of the transfer of the workers who bear them as a result of their appearance before the organs of the National Social Security Institute competent to evaluate, to qualify and review the permanent incapacity, or, where appropriate, to the medical services of the mutual occupational accidents and occupational diseases of the Social Security, for the completion of medical examinations after the completion of the the maximum duration of the temporary incapacity for a period of 12 months, in accordance with the in the second paragraph of Article 128.1.a, and the second paragraph of 131.bis, of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June.

Second. Entities obliged to pay compensation. -Corresponding to the payment of the compensation in the terms regulated in this resolution to the National Institute of Social Security or, if necessary, to the Social Institute of the Navy or to the mutual occupational accidents and occupational diseases of social security with which the occupational risks are insured and, where appropriate, the common contingencies, the undertakings to which the beneficiaries belong or have belonged to the compensation.

Third. Displacements entitled to compensation.

1. Persons resident in the same locality where health care is provided as a result of occupational risks or in which they are referred to medical recognition. -beneficiaries of health care arising from occupational risks shall be entitled to the payment of compensation for posting in the form of collective means of transport, including the taxi, where their use is prescribed by the practitioner who is in charge of them or provides them with health care to be required for reasons medical, or authorised by the managing body or contributor for no other means of transport; or when the existing one has no service that fits the date and time of the medical citation.

The beneficiaries who are summoned for medical recognition will be paid the travel expenses in the collective transport. Only travel expenses by taxi or by ambulance shall be paid where the condition of the patient requires the use of such means of transport, where it is necessary for such means to be reported favourably by the optional National Institute of the social security or, where appropriate, the corresponding mutual of occupational accidents and occupational diseases of social security.

2. Persons residing in a different locality from which health care is provided arising from occupational risks or from which they are referred for medical recognition. -These persons shall be entitled to the payment of travel expenses by bus, railway and taxi, as well as, in cases of travel to or from outside the island or between the islands, by plane or by boat, both in the first and the return. They shall also be entitled to compensation for displacement by private vehicle if they opt for this means of transport.

In the case of beneficiaries of health care arising from occupational risks, they shall be entitled to compensation for travel expenses by taxi when the use of this means of transport is prescribed by the optional to attend or provide healthcare for medical reasons. Out of this assumption, the use of the taxi shall only be authorised by the managing body or contributing entity, prior to the posting, except for exceptions for duly justified reasons, in cases where there is no other means of collective transport or when the service does not conform to the date and time of the citation.

In the case of persons referred to medical recognition, the compensation shall be entitled to the offset by taxi, prior to authorization by the managing or contributing entity, when its use is motivated by not existing none of the means of collective transport, or when the service does not conform to the date and time of the medical summons. In these cases the amount of the taxi shall be paid up to the nearest railway station or bus, port or airport, and, if necessary, to the place of summons.

When the condition of the patient prevents displacement in the referred means of collective transport, the expenses of displacement by taxi will be paid, and the favorable report of the optional of the National Institute is necessary. of social security or, as the case may be, the corresponding mutual of occupational accidents and occupational diseases of social security.

Fourth. Amount of compensation.

1. Where collective means of transport are used, the compensation shall cover the total amount to which the most economic fare rises: by rail, second class ticket; by bus, regular line ticket; and by boat or by plane, tourist class ticket.

The payment of such expenses shall be justified by the presentation of the ticket.

2. In the case where a particular vehicle is used, the travel costs shall be paid without any justification, with the appearance of the beneficiary, accredited by the person who carries out the recognition. The value of the expenditure in this means of transport shall be determined for the number of kilometres of displacement valued at EUR 0,19 per kilometre.

3. In the case of taxi travel, the justified expenditure by invoice or similar document containing the tax data that includes the tax shall be paid; in both cases the origin and destination of the journey shall be detailed. The use of an ambulance shall also be justified by means of an invoice, where appropriate in the case of a medical examination.

In the case of a taxi posting of persons residing in a different locality from which assistance is provided arising from professional risks or the beneficiary is summoned for medical examination, the stay of the taxi waiting to carry out the recognition.

Fifth. Compensation of travel expenses of the companion in cases of appearances for the conduct of examinations or medical assessments. -In the event that it is considered essential companion, and so is reported by the optional of the Institute National of Social Security or, where appropriate, of the corresponding mutual of occupational accidents and occupational diseases of Social Security, the travel expenses of the companion in ordinary means of transport may be paid.

Taxi charges shall be compensated to the person concerned when their use is necessary because there is no ordinary means of transport or when the service does not conform to the date and time of the summons, justifying the set out in paragraph 3 of this resolution. The stay of the taxi can also be paid waiting to carry out the recognition

In this case, a particular vehicle may be used for residents in those localities where there is no collective means of transport or when the service does not conform to the date and time of the summons. In this case the amount of the expenditure shall be determined and justified in accordance with paragraph 4. 2 of this resolution.

Sixth. Cases in which the person referred to a medical examination claims that he cannot move to the place of summons. -Where the person cited for the conduct of examinations, assessments and medical examinations or who acts on his behalf is put in contact with the managing body or partner, claiming that the patient's condition cannot move to the place of summons, the optional may take one of the following decisions:

(a) That the doctor moves to the place where the patient is, informing him of the day the visit will take place.

b) That the patient be moved to the place of summons using the ambulance service. In this case, whether you reside in the same or in a different locality from which you are cited, you will be informed that when you are in the place of summons you must present a certificate of the optional or health centre that you are attending, where you must the need to use this means of transport, making the warning that, if it does not provide it, the costs incurred by the shipment will be borne by it.

The National Institute of Social Security or the corresponding mutual work accident and occupational diseases of the Social Security will make the necessary steps for this to be carried out service, informing the interested party of the expected date of the posting.

Seventh. Formalization of the payment of the compensation. The amount of the compensation shall be paid to the beneficiary, family member or to whom it represents, if necessary, upon request and justification of his or her identity or representation.

Applications shall be submitted at the provincial address of the National Institute of Social Security or the Social Institute of the Navy, as appropriate, or in the corresponding delegation of the mutual work accident and occupational diseases of the Social Security responsible for the compensation.

Eighth. Appearances prior to 22 April 2009.-The costs incurred by appearances prior to 22 April 2009 shall not apply to them as set out in this resolution, governed by the rules applicable on the date of such termination. appearance.

Ninth. Regulation repeal-The Resolution of 16 June 1997, of the Directorate-General of the National Social Security Institute, on the payment of expenses caused by the hearings required by the Valuation Team, is without effect. Disabilities, as amended by the Resolution of 23 July 2001, of the Directorate-General of the National Social Security Institute, and any resolutions of equal or lower rank shall be contrary to the provisions of this resolution.

With regard to the Resolution of 9 March 2007, of the Social Institute of the Navy, which regulates the travel and subsistence allowances for the beneficiaries of the health care of displaced persons for reasons assistance to other centres in the national territory, as well as to persons who move to other locations other than those of their habitual residence in order to present themselves to a permanent disability assessment or review process, is still in force with regard to aid for travel and subsistence expenses for the beneficiaries of health care whose provision falls within the competence of the Social Institute of the Navy, in cases where the latter is derived from common contingencies.

10th. Effectiveness. This resolution shall have effect from the day following that of its publication in the Official Gazette of the State and shall also apply to expenditure which has not been compensated in accordance with the Resolutions of 16 June 1997. and of 23 July 2001, of the National Institute of Social Security, and of 9 March 2007, of the Social Institute of the Navy, originating from 22 April 2009, the date of entry into force of Order TIN/971/2009 of 16 April 2009, by the that the compensation of transport costs in cases of health care arising from risks is established professionals and appearances for the conduct of medical examinations or assessments.

Madrid, 21 October 2009.-The Secretary of State for Social Security, Octavio Granado Martínez.