Which worker is paid the injury nursing pension in place of the temporary disability allowance, and what must keep being true for it to be paid?
General information · Not legal advice
Material to check
In practice material of this kind, we read the decision granting medical benefits and the record of the day treatment began, the medical papers showing whether the injury or disease has healed and the severe care state grade, and the papers on the worker's employment and on the temporary disability allowance it would replace.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the items as cumulative: a worker already receiving medical benefits qualifies for the injury nursing pension instead of the temporary disability allowance only where, after the day falling past the period the provision sets from the start of treatment, the injury or disease remains unhealed, its severe care state meets the grade criteria set by Presidential Decree, and the worker is unable to work because of the treatment.
Another reading stresses the limits of scope: the provision reaches only a worker who is receiving medical benefits, and only replaces the temporary disability allowance, so the file must show both the benefit already granted and what it is being replaced by; it also leaves open how the three states are to be re-examined once the pension has begun.
Your judgment
Where several conditions bear on the worker's ability to work, how could the file show that the treatment itself is what keeps the worker from employment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who qualifies or which benefit the pension replaces, if the Presidential Decree criteria for the severe care state grades change, or if a decision explains what being unable to work 'because of the treatment' requires.