Posted on: December 15, 2020 Posted by: unwoundableness75 Comments: 0

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1 of art. 30 Law 39/2015, of October 1.

If the medical inspection pronounces, within the aforementioned maximum term, manifesting its discrepancy with the resolution of the managing entity, it will expressly pronounce itself within the following seven calendar days, notifying the corresponding resolution to the interested party, which will also be communicated to medical inspection. If the managing entity, based on the proposal made, reconsiders the medical discharge, the interested party will be granted the extension of his situation of temporary disability for all purposes. If, on the contrary, the managing entity reaffirms its decision, for which it will provide the complementary evidence that supports it, the situation of temporary disability will only be extended until the date of the last resolution.

TO TAKE INTO ACCOUNT: In the regulatory development of this article, the way of making the communications provided for in it will be regulated, as well as the obligation to inform the companies of the decisions that are adopted and that affect them.

The procedure of disagreement with the resolution of the National Institute of Social Security or, where appropriate, of the Social Institute of the Navy, which declares the extinction of the temporary disability due to medical discharge of the interested party (section 1. a), art. 169 LGSS and art. 3 Royal Decree 1430/2009, of September 11), will comply with the following rules:

1. Faced with the medical discharges issued by the mutual insurance companies for accidents at work and occupational diseases of the Social Security and by the collaborating companies, in the processes of temporary disability derived from professional contingencies prior to the expiration of the twelve-month period of duration of said situation, the interested party may initiate before the competent managing entity, the special administrative procedure for reviewing said registration, in accordance with the provisions of the following sections (section 1. a), art. 169 Royal Legislative Decree 8/2015, of October 30 and art. 4 Royal Decree 1430/2009, of September 11).

The processing of the indicated procedure should be considered preferential by the managing entity, in order to issue the corresponding resolution in the shortest time possible.

2. The interested party may request the review of the medical discharge issued by the collaborating entity referred to in the previous section, within the period of four calendar days following notification, by means of a request submitted for this purpose to the competent managing entity , in which you will state the reasons for your disagreement with said medical discharge.


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