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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s first report.
Article 34 of the Convention. Medical care. The Committee observes that under Article 25(A) of Social Security Law No. 1 of 2014 (Law No. 1) medical care benefits provided by work injury insurance include, amongst others, medical treatment, hospitalization, and provision of prosthetic devices. The Committee observes that Regulation No. 15 of 2015 issued pursuant to Law No. 1 specifies the provision of medical care benefits covered by work injury insurance. Section 4 (D)(1) of the Regulation states that the Social Security Corporation shall not be committed to cover expenses related to dental treatments that exceed the ceilings determined by the Social Security Corporation Board for this purpose. Recalling that under Article 34(2)(b)(e) of the Convention dental care and dental suppliers shall be provided free of charge, the Committee requests the Government to indicate whether persons protected have to bear costs for dental treatment due to employment injury. The Committee also requests the Government to confirm the provision of domiciliary visiting (Article 34(2)(a)), pharmaceutical supplies, eyeglasses (Article 34(2)(e)), and the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession (Article 34(2)(f)) free of charge to all persons protected injured due to industrial accident.
Article 35. Rehabilitation services. The Committee requests the Government to provide information on the measures taken to ensure that the institutions or Government departments administering the medical care cooperate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re-establishment of persons with disabilities in suitable work.
Article 69(f). Suspension of benefits. Article 31(A)(2) of Law No. 1 states that employment injury benefit in case of temporary disability is suspended if the beneficiary was under the influence of alcohol, narcotics, psychotropic substances or dangerous drugs. The Committee requests the Government to explain whether in taking the decision of the suspension of benefit, the Social Security Corporation satisfies itself that the intoxication by the said substances has been caused by wilful misconduct of the beneficiary, as prescribed in Article 69(f) of the Convention, and not by accident, negligence or other factors beyond the control of the beneficiary.
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