Measures of Administration on the Work Capability Appraisal (Consultation Draft) (the “Draft”) was published to solicit public comments.

It is stipulated in the Draft that the application of the work capability appraisal must be filed within 2 years from the date when the determination of work-related injury is concluded. The time limit for the appraisal is 60 days. The appraisal will be terminated in particular circumstances, such as that an employee with work-related injury fails to join the on-site appraisal without justified reasons, or an employer or an employee with work-related injury submits fake materials.

The employer or the employee with work-related injury may apply for a second appraisal within 15 days upon receiving the first appraisal conclusion, if they have an objection to the first appraisal conclusion. Besides, the employer may apply for reviewing of the appraisal within 1 year after the conclusion is issued, if the employer believes that there is a change of the state of the injury.

KWM Comments:

The employee’s entitlement of the benefit of work-related injury insurance, as well as the subsidy payable by the employer, is depending on the level of disability caused by work-related injury, which is concluded through the work capability appraisal.

If the employer has an objection to the first appraisal conclusion, it may apply for a second appraisal within 15 days upon receiving the first appraisal conclusion.