Legislative Royal Decree 8/2015, of 30 October, through which the consolidated text of the General Social Security Law is approved.
Article 169. Concept.
1) Will have the consideration of determinant situations of temporary disability:
a) The owed ones to common illness or professional and to accident, be or not of work, while the worker receives healthcare of the Social Security Institute and it is prevented for the work, with a maximum duration of three hundred sixty-five days, extendable because of other one hundred eighty days when it is shown off that it can the worker during them be registered medical because of healing.
b) observation periods for occupational disease in which the cancellation is prescribed at work during the same, with a maximum duration of six months, extendable because of other six when necessary to the study is estimated and diagnosis of the illness.
2) For the purpose of the maximum period of duration of the situation of temporary disability that is pointed out in the letter a) of the previous section, and of its possible extension, periods of relapse and remark will be counted. It will be considered that exists fallen on the same process when a new medical discharge is produced for the same one or similar pathology within the one hundred eighty calendar days next on the date of effects of the previous hospital admission
Article 170. Responsibilities on processes of temporary disability.
1. Until the fulfillment of the term of duration of three hundred sixty-five days of the processes of temporary disability, the National Social Security Institute will act, via the medical inspectors assigned to this company, the same responsibilities that the Inspection of Health Services of the Social Security Institute or equivalent body of the respective public health service, to issue a hospital admission to all intents and purposes. When the registration has been issued by the National Social Security Institute, this will be the only competent, via its own inspectors practitioners, to issue a new medical discharge arising from the same one or similar pathology in the one hundred eighty next days to the aforementioned hospital admission.
2. Sold out the term of duration of three hundred sixty-five indicated days in the previous section, the National Social Security Institute, via the competent bodies to assess, to qualify and to revise the permanent disability of the worker, will be the only competent to recognise the situation of extension expresses with a limit of one hundred eighty days more, or to determine the initiation of a dossier of permanent disability, or to issue the hospital admission, for healing or for unjustified non-appearance to the medical examinations called by the National Social Security Institute. In the same way, the National Social Security Institute will be the only competent to issue a new medical discharge in the situation of produced temporary disability, for the same one or similar pathology, in the one hundred eighty calendar days subsequent to the aforementioned hospital admission. When dealing with the resolution whereby the National Social Security Institute agrees the hospital admission in accordance with the indicated thing in the previous paragraph, the interested party will be able to state, within four calendar days, its disagreement before the medical examination of the public health service. If this disagreed of the criterion of the managing entity will have the faculty of proposing, within seven calendar days, the reconsideration of its decision, specifying reasons and foundation of its disagreement. If the medical examination was pronounced confirming the decision of the managing entity or if rebellion was not produced one in the eleven calendar days next on the date of the resolution, the mentioned hospital admission will acquire full effects. During the period of elapsed time between the date of the hospital admission and that in which the same one acquires full effects will be considered extended the situation of temporary disability. If, in the adverted maximum term of seven calendar days, the medical examination would have stated its disagreement with the resolution of the managing entity, this will be pronounced expressly in the seven following calendar days, notifying to the interested party the corresponding resolution, that it will be also communicated to the medical examination. If the managing entity, according to the formulated proposal, reconsidered the hospital admission, will be recognised to the interested party the extension of its situation of temporary disability to all intents and purposes. If, on the other hand, the managing entity was reasserted in its decision, for which will contribute complimentary tests that they base it, the situation of temporary disability will only be extended to date of the latest resolution.
3. In the establishment of regulations of this article, the way of making will be regulated the communications considered in the same one, as well as the obligation of putting in knowledge of the companies decisions that are adopted and that they affect them.
4. Similarly, in accordance with the regulations the administrative procedure of review will be regulated, by the National Social Security Institute and to the interested party's application form, of registrations that they issue collaborating bodies in the processes of temporary disability.
5. Processes of contestation of the hospital admissions issued by the National Social Security Institute will be governed for that established in articles 71 and 140 of the Act 36/2011, of 10 October, regulator of the social jurisdiction.