How To Determine "Fixed Disability Days" When There Are Multiple Appraisals In Litigation

The correct identification of disabled days has a significant impact on the calculation of loss of work time and disability compensation.

As for the fact that the facts of "disability due to injury continue to be tardy" exist objectively and need to determine the amount of compensation according to the date of disability determination, we should take into consideration the legal provisions and the actual situation of the case, and identify the disabled days based on the appraisal opinions accepted by the people's court.

In judicial practice, especially in cases involving personal injury, it is often necessary to carry out disability identification to determine the level of disability and to calculate the cost of compensation accordingly. In this process, the situation of multiple identification is very common because of the application of the party.

The role of judicial expertise in people's courts is very important. The existence of multiple appraisals can easily lead to disputes over the definition of "fixed disability days".

There is a view that when there are multiple appraisals, it is necessary to determine the date of disability by the first identification; some views that different situations should be treated differently; others believe that the identification of the people's court should be accurate, but there are certain reasons for various views, but they are all about the rationality of their own views, instead of making a strong refutation of other views.

The date of fixed disability is the date of calculating the loss of work time and disability compensation. The determination of fixed days directly affects the calculation of the amount of compensation for loss of work time and disability, so it is necessary to analyze and discuss this problem.

On the day of disability, the Supreme People's Court on the hearing of the person

The twentieth interpretation of the applicable law of the case stipulates that the time for loss of work is determined according to the certificate issued by the medical institution that the victim has received.

If the victim is disabled due to injury, the time limit for tardiness can be calculated until the day before the disabled day.

The twenty-fifth paragraph of the first paragraph stipulates: "according to the degree of disability or disability of the victim, the disability compensation shall be calculated in accordance with the twenty years from the date of self determination of the urban residents' per capita disposable income or the per capita net income of the rural residents in the previous year."

The two clauses relate to fixed disability days. The first one is the calculation of the loss of working time, and the latter is the calculation of disability compensation.

The author believes that in the presence of multiple appraisals, it is necessary to determine the disabled days by the admissibility of the people's court, and calculate the loss of time and disability compensation accordingly.

The reasons are as follows.

1. if there are two appraisals, the court has accepted the second appraisal, and the previous identification has become invalid because it has not been accepted by the court.

The court shall make a judgment on the basis of the facts identified in the trial. If the first appraisal is not accepted, it does not belong to the scope of "trying to find out the facts", and the date of its determination should not be adopted.

2. in regard to the unified referee scale, if the first assessment of disability days is used to calculate the time-consuming delay and the two identification disability level is different, then the disability compensation can only be calculated by second levels of identification when the court accepts the second appraisal.

So there was such a contradiction: the date was for the first time.

However, the disability rating is subject to the second identification.

This contradiction led to the fact that the court had actually accepted two appraisals when calculating the compensation, which was obviously contrary to the fact that the court accepted only one appraisal.

I think it's the right way to integrate dates and grades into one appraisal.

3. the so-called "fixed disability days", according to the literal interpretation, should be interpreted as the date of confirming the disability grade in the legal sense. It is difficult to accept the first identification on the premise that the first identification is not accepted by the court.

The first identification can be regarded as a behavior activity that has been disabled. However, there is no legal conclusion in terms of disability grade.

4. from the nature of loss of work and disability compensation,

It is compensation for the loss of actual income. Disability due to disability can be calculated one day before the date of disability. The disability compensation is a compensation for future losses. It is calculated from the day when the disability level is determined.

That is to say, fixed disability days are the dividing point between real income and future income, that is, loss of working time and disability compensation.

Due to the condition that the time limit for the loss of work is applicable to the disabled days, the condition is "disability due to injury and continuous delay in work". If the first appraisal is used as the fixed disability day, the loss of loss of time during the first appraisal and the second appraisal period will actually be included in the disability compensation. The standard for calculating the disability compensation is "the per capita disposable income of the urban residents in the previous year or the per capita net income of the rural residents". When the victim's income is much higher than that standard, the actual loss suffered will not be fully compensated.