Procedure For Determining The Degree Of Permanent Disability For Material And Moral Compensation Due To Work Accident
Summary:
The task to be performed is to send all medical documents, X-rays, patient records, and health documents related to the insured’s treatment following the accident that occurred on 01.09.2004 to the SS High Health Council for the determination of the degree of permanent disability based on these documents, by obtaining them from the insured’s heirs and inquiring from the relevant hospitals where the insured was treated. If there is a concrete and clear objection to the disability rate determined here, then, after obtaining reports from the relevant specialized department of the ATK and subsequently from the ATK General Assembly, the insured’s rate of loss of earning capacity in their profession shall be definitively determined, and a decision shall be made based on the outcome.
T.C.
Supreme Court of Appeals
21st Civil Chamber
Case No: 2012/13178
Decision No: 2013/5634
Date: 25.3.2013
The case concerns the insured’s claim for compensation for material and moral damages suffered in work accidents on 14.10.2003 and 01.09.2004.
The court decided to partially accept the case.
From the records and documents in the file; it was determined that the permanent disability degree resulting from the second accident could not be determined due to the death of the plaintiff insured on 20.09.2006 during the trial, that his legal heirs continued the case, The Institution reported that the degree of disability resulting from the harmful event on 01.09.2004 could not be determined because the medical board report containing the findings of the detailed examination could not be found in the file. It was understood that the calculation was based on 2% because the degree of disability resulting from the accident could not be determined, as stated in the expert report on material compensation dated 10.02.2012, which was the basis for the ruling. It is understood that the calculation was based on 0% because the degree of incapacity resulting from the accident could not be determined.
Given the nature of the case, it is clear that the rate of permanent incapacity of the insured directly affects the lump sum value of the income attached to the insured and the amount of compensation. This being the case, it is clear that the rate of loss of earning capacity in the profession of the employee must be determined without any doubt or hesitation, as it directly affects the amount of income to be linked to the insured and the compensation to be awarded.
The task at hand is to send all medical documents, X-rays, patient records, and health documents related to the insured’s treatment following the accident that occurred on September 1, 2004, to the SS High Health Council for the determination of the degree of permanent disability based on these documents, after obtaining them from the insured’s heirs and inquiring from the relevant hospitals where the heirs were treated. If there is a concrete and clear objection to the disability rate determined in this manner, then, after obtaining reports from the relevant specialized department of the ATK and subsequently from the ATK General Assembly, the insured’s loss of earning capacity in their profession shall be definitively determined, and a decision shall be made based on the outcome.
The court’s decision in writing without considering these material and legal facts is contrary to procedure and law and is a reason for reversal.
Therefore, the parties’ appeals for reversal on these grounds should be accepted, and the judgment should be reversed.
CONCLUSION
It was unanimously decided on March 25, 2013, that the judgment should be REVERSED for the reasons explained above, that there is no need to examine the other appeals at this time, and that the appeal fee should be refunded to the appellants upon request.