Compulsory insurance of civil liability of an employer for causing harm to the life and health of an employee in the performance of his labor (official) duties " if the contract of compulsory insurance of an employee against accidents is concluded on terms that worsen the situation of the policyholder or beneficiary in comparison with that provided for by the said Law, then upon the occurrence of an insured event, the insurer shall be liable to the policyholder and beneficiary for conditions established by Law.

A. filed a lawsuit against Kazakhmys Corporation LLP (hereinafter referred to as KKM LLP), Insurance Company M JSC (hereinafter referred to as IC M JSC) to recover the amount of the insurance payment, arguing that he had been working in the underground for 17 years. On November 07, 2009, while performing work, an industrial accident occurred, as a result of which he received a closed fracture of the pubic sciatic bones on both sides with a violation of the pelvic ring, blunt abdominal trauma, retroperitoneal hematoma, rupture of the urethra, traumatic shock of the 3rd degree. On November 20, 2009, an act of form H-1 was drawn up, the degree of guilt of the employer was 100%, the degree of guilt of the employee was 0%. On July 14, 2010, he was assigned the 3rd disability group due to an occupational injury, the degree of loss of professional disability was determined at 59%. He asked to recognize as illegal the refusal to pay him a one-time allowance in the amount of 1,000 monthly calculation indices (hereinafter referred to as MCI) in compensation for health damage provided for in paragraph 2 of Article 19 of the Law of the Republic of Kazakhstan "On Compulsory insurance of an employee against accidents in the performance of his labor (official) duties." He asked to collect from the defendants JSC "IC "M" or LLP KKM an insurance payment in the amount of 1,731,000 tenge. By the decision of the Zhezkazgan City Court of April 01, 2014, A.'s claim against KKM LLP, IC M JSC was denied. The decisions of the appellate and cassation judicial boards of the Karaganda Regional Court left the decision of the court of first instance unchanged. The Supervisory Judicial Board for Civil and Administrative Cases of the Supreme Court amended the judicial acts of local courts regarding the refusal to satisfy A.'s claim against JSC IC M, canceled in this part, due to violations by local courts of substantive and procedural law, issued a new decision to satisfy A.'s claim, collecting in favor of A. insurance payment for reimbursement of expenses caused by health damage in the amount of 1,731,000 tenge from JSC IC M for the following reasons.

Compulsory insurance of civil liability of the employer for causing harm to the life and health of an employee in the performance of his labor (official) duties

In accordance with the Law of the Republic of Kazakhstan No. 30-III SAM dated February 07, 2005 "On compulsory insurance of civil liability of an employer for harm to the life and health of an employee in the performance of his labor (official) duties" (currently - the Law "On Compulsory insurance of an employee against accidents in the performance of his labor (official) duties"; Further, Law No. 30–III SAM), which entered into force on July 01, 2005, imposes on employers the obligation to conclude compulsory insurance contracts for employees against accidents in the performance of their labor (official) duties. The Law of the Republic of Kazakhstan No. 234-IV of December 30, 2009 amended the Law No. 30-III of the Air Defense System, according to which a new procedure for determining insurance payments for reimbursement of expenses caused by damage to health was established - a one-time insurance payment was introduced in the range from 500 to 2000 MCI, depending on the degree of loss of professional disability.. As established in the case, A. Since 1991, he has worked intermittently at the enterprises of KKM LLP for 17 years, including from June 06, 2009 as a foreman at underground mining site No. 4, where an accident occurred on November 07, 2009, as a result of which the plaintiff suffered an occupational injury - a closed fracture of the pubic sciatic bones on both sides with pelvic floor injury. rings, blunt abdominal trauma, retroperitoneal hematoma, rupture of the urethra, traumatic shock of the 3rd degree. On November 20, 2009, an act of form H-1 was drawn up, which determined the degree of guilt of the employer 100%, the degree of guilt of the employee 0%. The conclusion of the medical and social expertise dated July 14, 2010, A. Established the 3rd disability group due to labor injury, the degree of professional disability was determined at 59%. Subsequent re-examinations on December 12, 2011 and May 30, 2012 confirmed the degree of professional disability in the amount of 59%. As can be seen from the case file, an industrial accident with A. it took place during the period of validity of the contract No. D0910-190931 of compulsory insurance of civil liability of the employer for causing harm to the life and health of an employee in the performance of his labor (official) duties, concluded between KKM LLP and IC M JSC on February 05, 2009 for the period from February 18, 2009 to February 17 in 2010. On February 19, 2014, A. filed a lawsuit in the present case, considering it illegal for the employer and the insurance company to refuse to pay him a one-time allowance provided for in paragraph 2 of Article 19 of Law No. 30-III SAM. He asked to collect from JSC "IC "M", LLP "KKM" insurance payment in the amount of 1000 MCI in the amount of 1,731,000 tenge. The court of first instance motivated the refusal to satisfy the claim with reference to the provisions of paragraph 1 of Article 3 of the Civil Code (hereinafter referred to as the Civil Code) that acts of civil legislation are not retroactive and apply to relations that arose after their entry into force, that the legal force of an act of civil legislation applies to relations that arose before its entry into force. the action is extended in cases where it is directly provided for by it. The appeal and cassation instances of the Karaganda Regional Court recognized this decision of the Zhezkazgan City Court as based on the law. The Supervisory Judicial Board considers the conclusions of the local courts, which form the basis of the contested judicial acts, to be erroneous, made with the incorrect application of substantive law.

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