You may appeal before a Medical Appeals Board the disability degree due to work injury that was determined for you by a Medical Board: the degree of medical disability determined for you, the start of the disability, and the decision to grant you a temporary disability degree.
The appeal must be sent in writing to your local NII branch, within 30 days from the date on which you received written notice of the decision by the Medical Board. The arguments for the appeal may also be submitted within 60 days of receiving the notice.
Please note: the Medical Appeals Board reexamines your case, and is even permitted to reduce the disability degree determined for you by the Medical Board.
However, an insured person who submitted an appeal, which resulted in the Medical Appeals Board’s reducing the disability degree determined for him, may cancel his appeal, and the disability degree will remain as determined by the Medical Board where he was first examined.
Appeals by the National Insurance Institute
The National Insurance Institute also may to appeal the decision of the Medical Board only within 30 days. In such cases, the insured person may cancel the appeal.
The National Insurance Institute appeals the decisions by the Medical Board in order to benefit the examined person. A copy of the National Insurance appeal is sent to the examinee.
Examples of cases in which the National Insurance Institute appeals:
If the decision made is not appropriate in the opinion of a National Insurance doctor, for example if the Board determined a disability degree not according to the articles in the list of impairments.
If the Board related to medical impairments not related to the accident.
If, in the opinion of the National Insurance doctor, the findings of the Board justify a higher or lower disability degree than that determined.
Appeals Boards take place only in some local NII branches, therefore you may be summoned to a Board in another city.
The decision by the Appeals Board is final, and may be contested only in matters of law before a regional Labor Court. The appeal must be submitted to the court in writing within 60 days of the date of receiving notice of the board’s decision.