Liability for compensation for damage related to the loss of earnings (income) by an employee
After the entry into force of Law No. 311-V, liability for compensation for damage related to the loss of earnings (income) by an employee in connection with the establishment of a degree of UP from 5 to 29% inclusive is carried out by the policyholder in accordance with the labor legislation of the Republic of Kazakhstan. The insurer is responsible for making insurance payments only when establishing the degree of UPT from 30 to 100%. By the decision of the Semeysky City Court of April 26, 2016, which was left unchanged by the decision of the appellate instance, B.'s claim to JSC "N" for the recovery of a one-time insurance payment was denied. At the same time, the court correctly justified its decision by the fact that, despite the fact that the accident occurred to the plaintiff on April 1, 2015, during the period of the insurance contract, the insurance company's refusal is justified, since the plaintiff's degree of UPT in the amount of 29% was established on January 25, 2016, that is, after the enactment of Law No. 311-V. By the decision of the CFEC of the city of Pavlodar dated April 26, 2016, which was left unchanged by the decision of the appellate instance dated July 4, 2016, the claim of LLP "B" to the insurance company for the obligation to conclude an annuity agreement was correctly denied, since the degree of UPT to the employee in the amount of 25% was established on September 15, 2015.
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