The second disability group has been unreasonably assigned
No.6001-22-00-6ap/2372 dated 05/04/2023
Plaintiff: K.B.
Respondent: Russian State Institution "Department of the Committee of Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan"
The subject of the dispute: on the recognition of the illegal conclusion of the medical and social expertise No. 2 of the city
Review of the defendant's cassation complaint
PLOT:
By the decision of the Medical and social Expertise (hereinafter - ITU) No. 4 dated December 21, 2004, K.B. was recognized as a disabled person of the third group with a diagnosis of "High-grade myopia of both eyes, chorioretinal." By ITU Decision No. 4 dated 04/29/2005, the plaintiff was recognized as a disabled person of the third group without a medical examination period.
By ITU Decision No. 4 dated 05/14/2014, K.B. was recognized as a disabled person of the second group with a diagnosis of "High-grade myopia of both eyes, chorioretinal" with a period of re-examination until 03/04/2016.
On 03/01/2016, by ITU decision No. 4, the plaintiff was recognized as a disabled person of the second group for the period of re-examination until 03/01/2018.
On 03/01/2018, by ITU decision No. 4, the plaintiff was recognized as a disabled person of the second group for the period of re-examination until 03/01/2020.
On 25.02.2020, Act No. 1201 of the ITU No. 2 of the city established the third disability group without a period of re-examination in connection with moderate impairments of K.B.'s bodily functions.
Disagreeing with the decision of the ITU No. 2 of the city, the plaintiff turned to the Department with mercy, asked to restore her second disability group.
On 12/21/2020, the Candidate of Medical Sciences was re-examined and the conclusion of the Department of Methodology and Control of Medical and Social expertise of the Department was recognized as justified by the decision of the City Council No. 2 dated 12/25/2020.
The plaintiff challenged the decision of the ITU No. 2 of the city dated 12/25/2020 in a judicial order.
Judicial acts:
1st instance: the claim is satisfied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are upheld.
Conclusions:
The court appointed a commission forensic medical examination involving an ophthalmologist and a therapist from the regional clinical hospital of the Department of Public Health of the region, a specialist from the Department of Methodology and Control of Medical and Social Expertise.
According to the conclusion of the specified examination dated 03/11/2022 No. 488, it follows that despite the rehabilitation measures carried out, the plaintiff had persistent, irreversible changes on the retina of the eye with impaired vision. Thus, there is no improvement in the plaintiff's visual function.
In such circumstances, there were no grounds for revoking the second group of the plaintiff's disability and establishing the third group.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
