The Labor Laws of Soviet Russia/Appendix 3
APPENDIX TO SECTION 5
Rules for the Determination of Disability for Work
1. Disability for work shall be determined by an examination of the applicant by the Bureau of Medical Experts, in urban districts, or by the provincial insurance offices, accident insurance offices or institutions acting as such.
Note. In case it be impossible to organize a Bureau of Medical Experts at any insurance office, such a Bureau may be organized at the Medical Sanitary Department of the local Soviet, provided, however, that the said Bureau shall be guided in its actions by the general rules and instructions for insurance offices.
2. The staff of the Bureau of Experts shall include:—
(a) Not less than three specialists in surgery;
(b) Representatives of the Board of Directors of the office;
(c) Sanitary mechanical engineers appointed by the Board of the office;
(d) Representatives of the trade unions.
Note. The specialists in surgery on the staff of the Bureau shall be recommended by the medical sanitary department, with the consent of the Board of Directors, preferably from among the surgeons connected with the hospital fund, and shall be confirmed by a general meeting of the office.
3. During the examination of a person at the Bureau of the Medical Commission, all persons who have applied for the examination may be present.
4. An application for the determination of the loss of working ability may be made by any person or institution.
5. Applications for examination shall be made to the insurance office nearest to the residence of the person in question.
6. Examinations shall take place in a special room of the insurance office.
Note. If the person to be examined cannot be brought to the insurance office, owing to his condition, the examination may take place at his residence.
7. Every person who is to be examined at the Bureau of Medical Experts shall be informed by the respective insurance office of the day and hour set for the examination and of the location of the section of the Bureau of Medical Experts where the same is to take place.
8. The Bureau of Medical Experts may use all methods approved by medical science for determining disability for work.
9. The Bureau of Medical Experts shall keep detailed minutes of the conference meetings, and the record embodying the results of the examinations shall be signed by all members of the Bureau.
10. A person who has undergone an examination and has been found unfit for work shall receive a certificate from the Bureau of Medical Experts.
Note. A copy of the certificate shall be kept in the files of the Bureau.
11. The records as well as the certificates shall show whether the diasbility is of a permanent or temporary character. If the disability for work be temporary, the record and certificate shall show the date set for the second examination.
12. After the disability for work has been certified the proper insurance office shall inform thereof the Department of Social Insurance of the local Soviet, stating the name, surname and address of the person disabled, as well as the character of the disability (whether temporary or permanent).
13. The decision of the Bureau of Medical Experts certifying or denying the disability of the applicant may be appealed from by the interested parties to the People's Commissariat of Health Protection.
14. The People's Commissariat of Health Protection may either dismiss the appeal or issue an order for the re-examination of appellant by a new staff of the Bureau of Experts.
15. The decision of the new staff of the Bureau of Experts shall be final and subject to no further appeal.
16. Re-examinations to establish the recovery of working ability shall be conducted in the same manner as the first examination, with the observance of the regulations of the present Rules.
17. The expenses incurred in connection with the examination of an insured person shall be charged to the respective insurance office. The expenses incurred in connection with the examination of a person not insured shall be charged to the respective enterprise, establishment or institution.
18. The People's Commissariat of Labor may, if necessary, modify or amend the present Rules for the determination of disability for work.
RULES CONCERNING PAYMENT OF SICK BENEFITS
(SUBSIDIES) TO WAGE EARNERS
1. Every wage earner shall receive in case of sickness a subsidy and medical aid from the local hospital fund of which he is a member.
Note I. Each person may be a member of only one insurance fund at a time.
Note II. A person who has been ill outside the district of the local hospital fund of which he is a member shall receive the subsidy from the hospital fund of the district in which he has been taken ill. All expenses thus incurred shall be charged to the hospital fund of which the particular person is a member.
2. The sick benefits shall be paid to a member of a hospital fund from the first day of his sickness until the day of his recovery, with the exception of those days during which he has worked and accordingly received remuneration from the enterprise, establishment or institution where he is employed.
3. The sick benefit shall be equal to the remuneration fixed for a wage earner of the respective group and category.
Note I. The group and category in which the wage earner is enrolled shall be ascertained by the local hospital fund through the Department of Labor Distribution or through the trade unions.
Note II. The subsidy for pregnant women and those lying-in shall be fixed by special regulations of the People's Commissariat of Labor.
Note III. In exceptional cases the People's Commissariat of Labor may reduce the subsidy to the minimum of living expenses as determined for the respective district.
4. Besides the subsidies, the hospital funds shall also provide for their members free medical aid of every kind (first aid, ambulatory treatment, home treatment, treatment in sanatoria or resorts, etc.).
Note. To secure medical aid any hospital fund may independently, or in conjunction with other local funds, organize and maintain its own ambulatories, hospitals, etc., as well as enter into agreements with individual physicians and establishments.
5. The resources of the local hospital funds shall be derived:
(a) From obligatory payments by enterprises, establishments and institutions (Soviet, public and private) employing paid labor;
(b) From fines for delay of payments;
(c) From profits on the investments of the funds;
(d) From casual payments.
Note. The resources of the local hospital funds shall be consolidated into one common fund of insurance against sickness.
6. The amount of the payments to local hospital funds by enterprises, establishments and institutions employing paid labor shall be periodically fixed by the People's Commissariat of Labor.
Note I. In case these obligatory payments be not paid within the time fixed by the local hospital funds, they shall be collected by the local Department of Labor; moreover, in addition to the sum due, a fine of 10 per cent. thereof shall be imposed for the benefit of the hospital fund.
Note II. In case the delay be due to the fault of the responsible managers of the particular enterprise, establishment, or institution, the fine shall be collected from the personal means of the latter.
7. The decision of the hospital funds may be appealed from within two weeks to the Department of Labor. The decision of the Department of Labor shall be final and subject to no further appeal.
8. The People's Commissariat of Labor may, whenever necessary, change or amend the foregoing rules concerning sick benefits to wage earners.