Legally, a request to the head of a legal entity to issue an opinion of the medical advisory commission and an Act of medical and social expertise
IN the "ISS" LLP
BIN 130440013993
Almaty, 24/1 Terme street, 3rd floor.
info@mks-logistic.kz
+7 777 555 03 35; +7 701 777 73 63.
from the legal consultant: Kenesbek Islam Mukhameduly
Member of the Chamber of Legal
consultants "Justus"
IIN 970103300774
139 Luganskogo St., 4th floor, Almaty.
islam.ala.1@mail.ru
+7 (702) 327 69 66.
In the interests of: Dr. Bekaevna
IIN ...........
Almaty region, Enbekshikazakh district, K... 2 street.
+7 705 ………..
LEGAL INQUIRY
No. 5/05 dated May 5, 2025
On April 10, 2020, Dr. E. Bekaevna suffered an occupational injury at her workplace at MKS LLP.
On April 10, 2020, an accident occurred with an employee of Dr. E. Bekaevna at the workplace, namely, on the territory of the employer of MKS LLP in a finished goods warehouse, the driver of an electric loader (kara) With .... B., while performing his duties, driving in reverse, hit the warehouse manager. Dr. E.B., who suffered bodily injuries (the degree of harm to her health, established as a result of a forensic medical examination, was classified as moderate damage).
On May 22, 2024, after the formation of the Accident Investigation Commission, the employer of MKS LLP issued Act No. 1 on labor-related accidents.
Paragraph 9, Article 190 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) stipulates that no later than three working days after the completion of the investigation, one copy of the accident report is issued to the victim or his authorized representative, in addition, it is sent to the insurance company with which the contract for insurance of the employee against accidents in the performance of his (official) duties.
However, to this day, you have not properly submitted an application to the insurance company of JSC KCJ Eurasia in accordance with Article 20 of the Law of the Republic of Kazakhstan "On Compulsory insurance of an employee against accidents in the performance of his labor (official) duties" (hereinafter referred to as the Law). The insurance company has already twice officially replied that it is necessary to provide a list of documents that are in the original with the employer, including the original act No. 1 on the accident. During the year, Dr. E.B., the insurance payment was not paid in accordance with the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties" due to the unjustified delay in submitting an application.
The beneficiary, i.e. Dr. E.B., also has the right to submit an application to JSC KCJ Eurasia in accordance with clause 1, Article 20 of the Law. However, the original of some documents (Act No. 1 on an accident related to work,
Dr. E.B. does not have any
The employee does not have the opportunity to apply for an insurance payment, since the original of many related documents, in accordance with paragraph 2, Article 20 of the Law, is with the employer.
To date, the employer of MKS LLP has sent a notice of termination of the employment contract to the employee Dr. E.B. in accordance with subparagraph 6 of paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan. The notification indicates that the grounds for termination of the employment contract were: 1) Conclusion of the medical advisory commission No. 57 dated 02/18/2025; 2) Certificate of the degree of UOT No. 3240363-911 dated 11/04/2024; 3) Act of medical and social expertise No. 1240363-2100 dated 11/04/2024.
According to paragraph 2, Article 76-1 of the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance", state bodies, local governments and legal entities are required to provide a written response to a request from a legal consultant related to the provision of legal assistance within ten working days.
In accordance with subparagraph 2), paragraph 3, Article 76 of the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance", in order to provide qualified legal assistance and on the grounds of this legal request No. 15/04 dated April 15, 2025, I request that copies of the following materials be provided:
1) Conclusion of the Medical Advisory Commission No. 57 dated 02/18/2025;
2) Certificate of the degree of UOT No. 3240363-911 dated 11/04/2024;
3) Act of medical and social expertise No. 1240363-2100 dated 11/04/2024.
With respect,
Legal consultant: Kenesbek I.M.
Note:
Obstruction of the legitimate activities of a legal consultant in accordance with article 668 of the Code of Administrative Offences of the Republic of Kazakhstan and article 435 of the Criminal Code of the Republic of Kazakhstan entails liability established by the legislation of the Republic of Kazakhstan.
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