The limit of the average monthly earnings (income) taken into account for calculating the lost earnings (income) to be reimbursed
Article 19 of Law No. 30 sets a limit for the amount of the average monthly earnings (income) taken into account for calculating the lost earnings (income) to be reimbursed. It should not exceed ten times the minimum wage established for the relevant financial year by the law on the republican budget, as of the date of conclusion of the employee's compulsory accident insurance contract. The amount of the insurance payment is carried out minus the social security payment in case of disability from the State Social Insurance Fund. In this regard, it is necessary to draw the attention of the courts to the fact that all restrictions are provided only for insurance organizations and do not apply to employers. K. appealed to the court with a claim to "K" LLP for the recovery of insurance payments for reimbursement of expenses caused by damage to health and the collection of arrears on monthly payments to compensate for harm to health, arguing The requirements are that the employer unreasonably reduced the amount of the average monthly earnings. By the decision of the district court No. 2 of the Kazybekbiysky district of the city of Karaganda dated August 25, 2016, the claim of K. partially satisfied, the sum of the lump sum insurance payment was recovered from K LLP in his favor. The rest of K.'s claim was denied. By the decision of the Judicial Board for Civil Cases of the Karaganda Regional Court dated November 10, 2016, the decision of the court of first instance remained unchanged. During the consideration of the case in the court of Cassation of the Supreme Court, it was established that when calculating monthly payments, the employer proceeded from the average monthly salary, which would be provided if such payments were made by an insurance company (no more than ten times the minimum wage). Thus, the calculation was made incorrectly, since in this case the payment is made by the employer and the norm contained in article 19 of Law No. 30 does not apply to him. Judicial acts in this part were canceled, the case was sent for a new hearing.
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