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Royal Decree 1430/2009 of September 11, which regulates Law 40/2007 of December 4 on Social Security measures, in relation to the provision of temporary disability, regulates in article 3 the procedure of disagreement with the registration issued by the managing entities, and in article 4, the administrative procedure for the review of medical registrations in the temporary disability processes issued by the Collaborating Mutual Societies with Social Security.
It is interesting to address article 4, in a special way, since it was modified by Royal Decree 625/2014, of July 18, which regulates certain aspects of the management and control of processes due to temporary disability in the first 365 days of its duration, which replaces the previous regulatory provisions that regulated the management and control of this service, and complements other regulations, adapting the content of those to the legislative changes that have been taking place, in the field of management and control of temporary disability.
Regulates the review of medical discharges issued by the medical services of the Mutual Societies and collaborating companies in the Temporary Disability processes derived from professional contingency before 365 days.
The worker has a period of ten calendar days (before 4) to challenge the registration issued by the Mutual. The process begins with the managing entity. The interested party must communicate the start of this review process to the company on the same day or the next business day. The mutual has a period of 4 days to make the allegations and present evidence.
The initiation of the special review procedure suspends the effects of the issued medical discharge, and the situation of temporary disability must be understood to be extended (article 4.3). The payment of the benefit is made in the delegated payment method.
However, as stated in this section, and is expressly stated in section 8, if the managing entity confirms the registration issued by the collaborating entity, or establishes a new date of termination of the IT, the economic benefits will be considered unduly received, and therefore their return will be required.
Section 11 declares the incompatibility of wages with the provision of temporary disability, during the processing of this procedure and establishes that the resolution that is issued puts an end to the administrative process and enables the possibility of claiming before the Social Court.