Modification of art. 170 of the TRLGSS, introduced by RD-law 2/2023, of March 16

On May 17, 2023, the modification of art. 170 of the TRLGSS, introduced by RD-law 2/2023, of March 16.

This modification implies the following changes in processes that exceed 365 days in duration:

• The responsibility for issuing medical discharges in IT processes of more than 365 days and less than 545 days is transferred to the INSS Medical Inspection.

Regarding these medical discharges, this same Inspection will be the only one competent to resolve any non-conformity procedures that may be initiated and to issue a new medical discharge for the same/similar pathology within 180 days following the aforementioned medical discharges.  

The Disability Assessment Teams will no longer participate in these decisions, which is expected to gain agility in the management of these processes.

Note: This change does not affect the workers of the Sea Regime as the Social Institute of the Navy lacks Medical Inspectors and in the case of the INSS of Catalonia, as it also lacks a Medical Inspection, the aforementioned powers will continue to be assumed by the SGAM (former ICAM).

• The resolution of express extension of the situation of temporary disability is eliminated, understood as tacitly extended in the event that the INSS does not issue a medical discharge on day 366 of the discharge.
• The payment of the extension period of the temporary disability situation will be maintained as a delegated payment by the companies.(they will no longer go to direct payment through the Mutual Collaborator with Social Security).

This mandatory collaboration of the delegated payment will be maintained until…

1. What do you know notify the interested party of the medical discharge for improvement, cure or unjustified failure to appear for medical check-ups (or until the effects of the resolution of disagreement with said medical discharge, if the worker had initiated said procedure).
2. He last day of the month in which the INSS has issued the medical discharge with proposal for permanent disability. These cases will go to direct payment through the Mutual Collaborated with Social Security (does not apply to collaborating or self-insurance companies in CP).
3. That the maximum duration of the IT is exhausted,the 545 days of sick leave.

Note:  L Confirmation of the situations of extension of the situation of temporary disability will be done tacitly, as long as any of these causes of termination are not received in the FIE/FIER files (since the INSS will not issue confirmation parts).

Transitional situation:

All those processes in a situation of IT extension that were already being paid by the Mutual Fund in direct payment, will continue in this situation until their completion and those in which, until May 17, there was an express resolution in which the situation of temporary disability was extended with a transition to direct payment as of June 1, 2023 will also be assumed by the Mutual Fund.